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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