Workplace Sexual Harassment In India: A Critical Analysis Of Posh Act, 2013
Dr. Vikasdeep Singh Kohli & Sanjay Kumar
ABSTRACT
Workplace sexual harassment is one of key barriers to realizing true gender equality in realm of employment. In spite of increasing involvement of women in professional, academic, industrial and service sectors, workplace settings have seen cases of unwanted sexual behavior, which affects women’s dignity, safety, productivity and advancement as professionals. Not only is problem related to personal misconduct but it is also an indication of inequality and imbalance of power in society. Workplace sexual harassment has changed over years from being considered a private or personal matter to becoming an infringement of constitutional, human and workplace rights.
The legal response to sexual harassment in Indian workplace has seen substantial change due to judicial activism and legislation. The Vishaka v. State of Rajasthan case laid down a precedent where sexual harassment was considered a fundamental rights violation and gave guidelines for employers to follow. After that, Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 was enacted to provide a framework for prevention and redressal of complaints. Nevertheless, from results of empirical research, several problems related to awareness, reporting, implementation and enforcement remain persistent in both public and private spheres.
Keywords: Sexual Harassment, Workplace Equality, Gender Justice, Vishaka Guidelines, POSH Act, Women’s Rights, Workplace Safety.
