Articles

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.

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.

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.