Effectiveness Of The Sexual Harassment Of Women At Workplace (Prevention, Prohibition, And Redressal

Effectiveness Of The Sexual Harassment Of Women At Workplace (Prevention, Prohibition, And Redressal) Act, 2013

Sharanya Kashyap, BA LLB, School of Law, Christ (Deemed-to-be) University.

ABSTRACT

Over time, women in our society have encountered numerous injustices and inequalities at various stages of life, enduring neglect, physical and mental abuses, servitude, and rejection. Despite their ongoing efforts to combat discrimination, women's struggle for equality, recognition, and survival persists. Sexual harassment, a grave form of sex discrimination in the workplace and a violation of human rights as well as constitutional rights enshrined in the Indian Constitution, underscores patriarchal mindsets and gender-based discrimination prevalent in the professional sphere. It serves as a representation of power dynamics, wherein women, due to their existing vulnerability, insecurity, and societal conditioning to endure discrimination in silence, are disproportionately subjected to sexual harassment. In 2013, the Government of India enacted the Prevention of Sexual Harassment (POSH) Act to address this issue, yet its effectiveness has not met the desired standards. This paper employs a doctrinal research methodology, drawing insights from statutes and secondary sources such as case law, literature, articles, websites, and newspapers. The primary objective of this research paper is to propose measures that empower women, safeguard them against sexual harassment, and uphold their right to work with dignity and without discrimination, in accordance with Human Rights treaties and the Indian Government's ratification of International Conventions. Consequently, there is a pressing need to fortify the Sexual Harassment Act and consider the presented recommendations to augment its comprehensiveness and efficacy.

Keywords: Human Rights, Workplace, Vulnerability, Power-struggle, Violence.