Ensuring Workplace Safety And Equality: Legal Compliance And Cultural Transformation Under The Posh Act, 2013 And BNS 2023
- IJLLR Journal
- 2 days ago
- 1 min read
Ditipriya Hazra, Sister Nivedita University
ABSTRACT
Workplace sexual harassment is a form of gender discrimination that strikes at a woman’s fundamental rights to equality and to live with dignity, protected under the Constitution of India. It not only makes the workplace unsafe and oppressive, but also holds women back from reaching their full potential in today’s competitive world. Beyond harming their work performance, it can slow their social and economic progress, while causing deep physical and emotional harm.
The POSH Act, 2013 provides institutional safeguards against workplace sexual harassment, while the Bharatiya Nyaya Sanhita, 2023 complements it by criminalising related forms of exploitation, together creating a more comprehensive framework for workplace safety and equality.
This paper examines how both these legislations together shape the legal framework for addressing workplace sexual misconduct .The discussion also considers implementation challenges, and gaps such as limited protection for men and LGBTQ+ employees, as well as concerns over possible misuse of criminal provisions.
The paper argues that while legal compliance is necessary, it is not by itself sufficient to change workplace culture. The Institutional attitude , awareness, and gender sensitisation are equally important to dismantle structural barriers that enable harassment. The combined effect of the preventive safeguards under the POSH Act and the punitive measures under the BNS 2023 not only reinforces workplace protections but also moves towards building workplaces that are safer, more inclusive, and respectful of dignity and equality.
Keywords: Workplace Sexual Harassment, POSH Act, 2013, Bharatiya Nyaya Sanhita, 2023, Gender Equality, Workplace Safety.
