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The Prevention Of Sexual Harassment (POSH) Law In India: An Overview

Updated: Jul 13




Shreya Singh, Gautam Buddha University, Gautam Buddha Nagar, Uttar Pradesh

Dr. Poonam Verma, Assistant Professor, Gautam Buddha University, Gautam Buddha Nagar, Uttar Pradesh


ABSTRACT


The Prevention of Sexual Harassment (POSH) Act, 2013, represents a landmark legislative effort to address the pervasive issue of sexual harassment in Indian workplaces. This paper critically examines the evolution, interpretation, and application of the POSH law through a detailed analysis of significant judicial pronouncements. Beginning with the foundational Vishaka judgment and tracing developments through key Supreme Court and High Court decisions, the study highlights how courts have expanded the definition of sexual harassment, reinforced employer accountability, and emphasized procedural fairness. It also explores challenges in implementation, including gaps in awareness, institutional compliance, and the law’s reach beyond formal employment. The research underscores the necessity of sustained training, robust internal mechanisms, and a supportive organizational culture to translate the Act’s promise into reality. Concluding with recommendations for strengthening enforcement and societal engagement, the paper affirms that while the POSH Act is a progressive and living law, its effectiveness ultimately depends on collective commitment to creating safe and dignified workplaces in India.


Keywords: Prevention of Sexual Harassment, POSH Act 2013, Workplace Harassment, Vishaka Guidelines, Internal Committee, Employer Accountability, Judicial Interpretation, India, Sexual Harassment Law, Gender Sensitization



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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