LGBTQ+

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.