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The Posh Act At Ten: Assessing India’s Decade- Long Journey Toward Workplace Safety And Gender Equity




Alzenah Shah, St. Xavier’s University, Kolkata


ABSTRACT


India’s Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (POSH Act) emerged as a transformative legal response to institutionalized gender-based violence, operationalizing the Supreme Court’s Vishaka Guidelines. This paper critically examines the Act’s evolution, core mechanisms - Internal/Local Complaints Committees (ICCs/LCCs) - and implementation challenges over its first decade. Despite progressive provisions like broadened workplace definitions and quasi- judicial redressal bodies, structural gaps persists cultural stigma, underreporting, non-compliance among SMEs, and exclusion of LGBTQ+/male victims. Recent mandates for digital compliance portals (2023) remain insufficient against entrenched patriarchal norms and ICC inefficacy. Drawing on case law and empirical studies, this paper argues that without robust enforcement, victim-centric protections, and inclusive reforms, the Act’s promise of equitable workplaces remains unfulfilled. Urgent systemic overhauls are recommended to bridge legislative intent and ground realities.


Keywords: POSH Act 2013, Workplace Sexual Harassment, Gender Equality, Compliance Gap, Informal Sector



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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