The Prevention Of Sexual Harassment (Posh) Act, 2013: A Human Rights-Based Analysis Of India's Workplace Protection Framework
- IJLLR Journal
- 33 minutes ago
- 1 min read
Aditya Narayan Khole, University of Mumbai Law Academy
ABSTRACT
The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (POSH Act) represents a landmark legislative intervention in India's legal landscape, emerging from the Supreme Court's Vishaka Guidelines (1997) and India's international obligations under the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW). This paper examines the POSH Act through a human rights lens, analysing its legislative evolution, statutory framework, implementation challenges, and the tension between its protective objectives and its gender-exclusive scope. Drawing upon recent empirical studies, judicial pronouncements, and critical legal scholarship, the paper argues that while the POSH Act establishes a robust framework for addressing workplace sexual harassment, significant gaps persist between legislative intent and practical enforcement. These include widespread non-compliance, inadequate awareness, procedural delays, and the exclusion of marginalized groups—including male victims, transgender persons, and informal sector workers—from statutory protection. The paper concludes by proposing reforms toward a more inclusive, intersectional framework that aligns India's workplace harassment jurisprudence with universal human rights principles.
Keywords: POSH Act, Sexual Harassment, Human Rights, Gender Justice, Workplace Safety, Vishaka Guidelines, CEDAW
