SEXUAL HARASSMENT AT WORKPLACE IN INDIA: A LEGAL ANALYSIS UNDER THE POSH ACT, 2013

Abstract

Sexual harassment at the workplace is a critical issue affecting gender equality, dignity, and safe working conditions. In India, the legal framework addressing such misconduct has evolved through constitutional mandates, judicial activism, and statutory intervention. The enactment of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 marked a significant milestone in institutionalizing safeguards against workplace harassment. This paper examines the legal dimensions of sexual harassment, including its conceptual understanding, statutory framework, complaint mechanisms, remedies, and the role of Internal Committees. It also critically analyses the challenges in implementation, such as underreporting, procedural inefficiencies, and lack of awareness, particularly in the unorganized sector. Further, the study explores the impact of the Act on workplace culture and employer accountability, while also addressing emerging concerns such as digital harassment and the need for gender-neutral legislation. The paper concludes with suggestions for strengthening the legal framework and ensuring effective enforcement, emphasizing that legal provisions must be complemented by societal and organizational change to create a safe and inclusive work environment