Volume 14 | Issue 5

 Abstract

Workplace sexual harassment remains a significant barrier to achieving gender equality and ensuring safe working environments for women in India, despite the existence of a comprehensive legal framework. The enactment of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, inspired by the landmark Vishaka v. State of Rajasthan judgment, marked a crucial step toward recognizing and addressing such violations. However, the effectiveness of these legal protections in practice continues to raise important concerns. This study critically examines the extent to which existing legal mechanisms safeguard women against workplace sexual harassment. It adopts a doctrinal and analytical approach, drawing upon statutory provisions, judicial decisions, and secondary literature to evaluate both the theoretical strength and practical implementation of the law. The research also incorporates a socio-legal perspective to understand how workplace culture, power dynamics, and societal attitudes influence the reporting and redressal of such incidents. The findings reveal a persistent gap between law and practice. While the legal framework appears robust on paper, its effectiveness is undermined by widespread underreporting, lack of awareness among employees, and inefficiencies in institutional mechanisms such as Internal Complaints Committees. Additionally, socio-cultural barriers, including fear of retaliation, stigma, and patriarchal norms, continue to discourage victims from seeking justice. Challenges are further compounded in the unorganized sector, where enforcement remains particularly weak. The study concludes that addressing workplace sexual harassment requires more than legal provisions alone. Strengthening implementation, ensuring accountability, promoting awareness, and fostering a culture of zero tolerance are essential for translating legal intent into meaningful protection. The research highlights the need for systemic reforms and sustained efforts to create safer, more inclusive workplaces for women in India.

Licence: creative commons attribution 4.0

  License

Creative Commons Attribution 4.0 and The Open Definition

 Keywords

Workplace Sexual Harassment; POSH Act, 2013; Gender Equality; Women's Rights; Legal Framework in India; Internal Complaints Committee (ICC); Underreporting; Socio-legal Challenges

  License

Creative Commons Attribution 4.0 and The Open Definition