Workplace Harassment: Indian Legal Framework

Achintya Rai Sharma, B.A.LL.B. (Hons), Amity University Uttar Pradesh

Dr. Shova Devi, Asst. Professor, Amity University, Uttar Pradesh

ABSTRACT

In Workplace abuse, notably sexual harassment, remains a pervasive issue globally across various industries. Sexual harassment encompasses a broad spectrum of behaviours, including offensive statements, gestures, and explicit propositions, creating hostile work environments regardless of gender, age, race, or hierarchy within the company. Its repercussions extend beyond immediate psychological distress to impact job satisfaction, performance, productivity, trust, and organizational culture. India, the Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act of 2013, also known as the POSH Act, serves as the primary legislation addressing workplace sexual harassment. It outlines procedures for reporting, filing complaints, ensuring confidentiality, and employing conciliation and inquiry methods by the Internal Complaints Committee (ICC) to investigate allegations and recommend disciplinary actions. Effective interventions necessitate prioritizing prevention through education, awareness campaigns, and proactive measures challenging harmful behaviours and power dynamics. Empowering employees to recognize, report, and address harassment instances is crucial, alongside establishing clear reporting mechanisms and confidentiality safeguards. Cultivating a culture of transparency and accountability at all organizational levels fosters an environment where victims feel safe to come forward without fear of retaliation. Leadership commitment, active involvement, and a zero- tolerance stance against harassment are pivotal for cultural change and organizational reform. In conclusion, combatting workplace abuse, particularly sexual harassment, requires collaborative efforts involving employers, policymakers, HR professionals, and employees. Fostering a culture of dignity, equality, and respect promotes healthier, safer, and more inclusive work environments, benefiting individual well-being and organizational success.