Workplace Harassment in India: A Feminist Jurisprudential Critique of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013

Abstract

Workplace sexual harassment remains a significant barrier to women’s equality, dignity, autonomy, and effective participation in professional life. In India, the legal framework governing workplace sexual harassment developed substantially following the landmark judgment in Vishaka v. State of Rajasthan (1997), which recognized sexual harassment as a violation of women’s fundamental rights and established preventive and remedial guidelines in the absence of specific legislation. This judicial framework eventually culminated in the enactment of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (POSH Act), marking an important legislative development in the protection of women at work. This paper critically examines the POSH Act through the lens of feminist jurisprudence, focusing on the relationship between law, gender, power, and institutional structures. Particular attention is given to the constitution and functioning of Internal Committees, employer responsibility, confidentiality, procedural fairness, awareness and prevention measures, under-reporting, fear of retaliation, and the practical barriers that may prevent women from accessing effective remedies. The primary objective of this paper is to explore the evolution of legal provisions addressing sexual harassment in the workplace, specifically examining the Indian legal framework under the Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act, 2013 (POSH Act). The paper aims to critically analyze the effectiveness of existing laws in curbing workplace harassment, identifying gaps and challenges in their implementation.  Furthermore, it seeks to examine innovative policy solutions, best practices, and the role of corporate culture in fostering a safe and inclusive work environment. A comparative analysis will be drawn with global frameworks, such as those under the United Nations, European Union, and U.S. law, to propose holistic policy improvements for the Indian context.  The study adopts a doctrinal methodology based on constitutional provisions, statutory law, judicial decisions, policy materials, international standards, and feminist legal scholarship. Case studies of organizations that have successfully implemented anti-harassment policies will also be examined to identify effective strategies for tackling sexual harassment. The paper will employ a comparative analysis of international laws and practices to offer recommendations for improving India’s legal and policy frameworks. In addressing the multi-dimensional issue of sexual harassment in today’s workplace environments, this paper contributes to the ongoing discourse on gender equality and women's rights, offering actionable insights for policymakers, legal professionals, and corporate leaders in combating workplace harassment.