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Posh In Practice: Implementation Gaps And Future Directions




Yukta Gaikwad, Indian Law Society College, Pune


ABSTRACT


The Prevention of Sexual Harassment of Women at Workplace Act, 2013 (POSH Act), is a landmark Indian legislation rooted in the Vishakha Guidelines laid down by the Honourable Supreme Court in Vishakha v. State of Rajasthan. The Act seeks to protect women against workplace sexual harassment and provides a mechanism for prevention, prohibition, and redressal of such complaints. Sexual harassment at the workplace not only violates individual rights but also infringes upon the fundamental rights guaranteed under the Constitution of India, including the right to equality under Article 14 and the right to life under Article 21. The Vishakha Guidelines laid the foundation for this framework, and today the POSH Act stands as more than just legislation it embodies a system ensuring safety, security, and effective redressal for women at the workplace. However, the mere existence of legislation does not by itself guarantee safety and security. It is equally important to evaluate the challenges encountered in its implementation. This paper seeks to examine the current obstacles faced in enforcing the Act and explore possible ways to overcome them.



Indian Journal of Law and Legal Research

Abbreviation: IJLLR

ISSN: 2582-8878

Website: www.ijllr.com

Accessibility: Open Access

License: Creative Commons 4.0

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All research articles published in The Indian Journal of Law and Legal Research are fully open access. i.e. immediately freely available to read, download and share. Articles are published under the terms of a Creative Commons license which permits use, distribution and reproduction in any medium, provided the original work is properly cited.

 

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The opinions expressed in this publication are those of the authors. They do not purport to reflect the opinions or views of the IJLLR or its members. The designations employed in this publication and the presentation of material therein do not imply the expression of any opinion whatsoever on the part of the IJLLR.

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