Latest Updates
A Decade of Prevention of Sexual Harassment Act (POSH) in the Workplace: Challenges and Way Forward A Decade of Prevention of Sexual Harassment Act (POSH) in the Workplace: Challenges and Way Forward How effective are India’s legal frameworks in ensuring workplace safety for women? How effective are India’s legal frameworks in ensuring workplace safety for women? A Review of POSH Act and Its Implementation in Kerala A Review of POSH Act and Its Implementation in Kerala
Articles Journal

A Decade of Prevention of Sexual Harassment Act (POSH) in the Workplace: Challenges and Way Forward

Prof. Ishita Mukherjee 1
Prithwi Banik.

Prof. Ishita Mukherjee a faculty at the Department of Economics, University of Calcutta. Her primary areas of research combine gender, labour, and development questions in the Indian Economic terrain. A translation of this article was prepared by Prithwi Banik (PhD Scholar, Economics, Christ University) for the Indian Researcher issue. Their opinions are personal.

By Editorial Team / November 20, 2024
Articles Journal

How effective are India’s legal frameworks in ensuring workplace safety for women?

Despite more women joining the workforce in India than before, workplace safety of women remains a significant concern. The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (POSH Act, 2013) was enacted to prevent and address sexual harassment at the workplace. However, there are challenges in the implementation of the POSH Act, including lack of awareness, inadequate training of committee members, and gaps in geographical scope and third-party harassment. To create safe and inclusive workplaces, it is crucial to ensure effective enforcement of the legal and judicial framework, along with promoting prevention, redressal and reporting of sexual harassment.

By Editorial Team / November 14, 2024
Articles Articles Journal

A Review of POSH Act and Its Implementation in Kerala

This study critically examines the implementation of the Prevention of Sexual Harassment (POSH) Act in Kerala, focusing on its effectiveness in addressing workplace harassment against women in light of the recent Hema Committee report. Despite the robust legal framework established by the POSH Act and the Vishakha Guidelines, significant challenges persist, including the inadequate functioning of Internal Complaints Committees (ICCs), cultural stigma that deters reporting, and limited applicability in unorganised sectors and political parties. A review of secondary sources reveals substantial barriers to reporting incidents and accessing redress mechanisms. Recent initiatives, such as the POSH compliance portal introduced by the Kerala government, signal progress but highlight the urgent need for further reforms. These findings underscore the critical gaps in the implementation of the POSH Act, advocating for targeted interventions to create a safer and more equitable workplace for women in Kerala.

By Editorial Team / November 7, 2024
Articles Journal

EXPLORING THE HAVE-NOTS OF A SAFE AND PROTECTED WORK ENVIRONMENT IN INDIA

In the wake of the gruesome rape and murder of a trainee doctor at a state-government-run health establishment in Kolkata, West Bengal, several concerns around the safety and security of women employees in their place of work are being raised across society. While general members of the citizenry have raised questions about general safety practices around workplaces, legal scholars have raised concerns about the efficacy and inclusivity of the existing legal provisions. The primary legislation dealing with sexual harassment in the workplace, i.e, Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act, 2013, better known as the “POSH Act,” as well as the general legislation for all forms of criminal activities, the Bhartiya Nyaya Sanhita (BNS), are silent at best and ignorant at worst when it comes to recognition of ‘non-conventional’ necessity of protection/safekeeping of their employees. The objective of this article is to explore the lack of inclusivity of the POSH Act alongside characterizing the need for implementation of new legislation/extension of existing legislation in a manner where male and LGBTQ+ workers, unorganized workers, and trainee/intern workers may be brought within the folds of legal accountability in terms of sexual harassment in their respective workplaces.

By Editorial Team / October 24, 2024