Sexual Harassment And Workplace Safety In The Informal Sector: Limits Of The Posh Framework
- IJLLR Journal
- 57 minutes ago
- 1 min read
Ms. Anjali Gaur, JVWU Dr. Bhoma Ram, JVWU
ABSTRACT
Sexual harassment in the workplace in India is a widespread but under- reported dignity and equality violation, especially among women who are in the vulnerable type of employment. The passage of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 was a crucial legislative move in enshrining preventative and redressal mechanisms and expanding the protection in both organized and unorganized sectors. Nonetheless, the scope of the statute in practice is still skewed, particularly in the informal sector which forms a significant part of the Indian labor force though its progressive aim. Employees of domestic help, agricultural labourers, street vendors, and gig employees typically do not work within institutional frameworks, which means that they are not well informed, lack mechanisms of complaints, and are more prone to exploitation.
This paper will discuss the structural and procedural constraints that are impeding successful application of the POSH framework in informal contexts. The study employs the doctrinal and analytical approach, which is based on statutory interpretation, judicial precedents and secondary sources to evaluate the disjunction between what the law provides and the ground realities. The results show that even though the law officially covers informal workers, its dependence on employer-led processes and ineffective local enforcement agencies seriously affect accessibility and efficacy. It is suggested in the paper that a more inclusive and context-sensitive approach to workplace safety should be adopted that can help to overcome socio- economic barriers and enhance accountability in institutions.
Keywords: Workplace, Sexual Harassment, Women, Workers, Institutional Accountability
