Development of Legislation Addressing Workplace Sexual Harassment
The foundational principles of India’s Constitution have long emphasized the eradication of gender-based discrimination. The commitment to gender equality is explicitly embedded in various parts of the Constitution, including the Preamble, fundamental rights, fundamental duties, and Directive Principles. Nevertheless, the issue of workplace sexual harassment in India gained official recognition for the first time through the landmark Vishakha v. State of Rajasthan judgment by the Supreme Court.
In this significant ruling, the Supreme Court outlined specific guidelines and directed the Union of India to establish an appropriate legal framework to address workplace sexual harassment. Ironically, it took 16 years after the Vishakha Judgment for the enactment of the Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act and the corresponding POSH rules.
Before the existence of a dedicated law, the Supreme Court, in the absence of legislation, mandated certain guidelines known as the Vishakha Guidelines. These guidelines compelled every employer to establish mechanisms for addressing grievances related to workplace sexual harassment. Employers adhered to these guidelines until the formal implementation of the POSH Act.
Sexual Harassment at Workplace: POSH Act of 2013
In the evolving landscape of gender roles propelled by globalization, the surge in workplace sexual harassment emerged as a concerning issue with the increasing presence of women in India’s workforce. In response, the POSH Act of 2013 was enacted to curb this violation of fundamental rights. Despite its noble objectives, challenges such as lack of clarity, inadequate awareness, and hesitancy to report incidents persist. This article serves as a comprehensive guide, shedding light on the POSH Act to educate stakeholders and promote safer workplaces, emphasizing prevention in our diverse society.
Table of Content
- What is the POSH Act?
- Provisions of the POSH Act
- SHe-Box
- Defining Sexual Harassment under the POSH Act
- Characteristics Defining Impact
- Development of Legislation Addressing Workplace Sexual Harassment
- Determining Instances of Sexual Harassment
- Sexual Harassment at Workplace Act, 2013: An Overview
- Conclusion
- Frequently Asked Questions (FAQs):
Contact Us