
Sexual harassment in the workplace is not just a personal trauma, it is a societal failure. The enactment of the Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act, 2013 (POSH Act) was a long overdue response to a pervasive and insidious problem. But why was this legislation necessary, and is it enough?
India has always been a country of complications when it comes to gender equality. The POSH Act was not born out of proactive foresight but as a reactive measure to heinous crimes due to longstanding issues. Its roots go back to the Vishakha Guidelines, which were issued by the Supreme Court in 1997 after the horrific gang rape of Bhanwari Devi, a social worker in Rajasthan. She was assaulted for her efforts to stop child marriages. This gives us a disheartening reminder of how women fighting for societal progress often face the worst kinds of resistance. While the Vishakha Guidelines provided a framework to address workplace harassment, they lacked statutory power. After 16 long years, the POSH Act finally gave these guidelines the legal authority they desperately needed.
Despite this, recent cases like the RG Kar Medical College tragedy show how much more needs to be done! A postgraduate student on duty was brutally raped and murdered after her 36-hour shift. And let us not forget the Nirbhaya case, which though, was not related to workplace harassment, but shook the nation with its brutality. These cases are connected by a common thread, a failure to protect women’s dignity and safety, whether at work or in public spaces. It is not just sexual harassment, but it is the subtle and constant culture of intimidation and silence that breaks the victims and wears them down forever. Crimes against women are reported every three minutes in India, and countless more go unreported due to fear of retaliation or social stigma.
For victims of sexual harassment at workplace, the impact is not just professional, it is deeply personal, affecting their mental health, self-esteem and trust in others. The harassment creates a toxic workplace environment that hurts morale and productivity. It is a lose-lose situation for everyone involved.
The POSH Act, though groundbreaking, has its set of flaws. One major difficulty that still exists is that both companies and employees are not fully aware of the Act and its provisions. Many organizations, particularly smaller ones, find it difficult to place the committees, policies and awareness campaigns that are required to be compliant with the Act. Employees may be reluctant to report harassment because they are ignorant of the approachable channels, worry that they will face threatening consequences over their future career or have doubts about the efficiency of the complaint resolution process. Even when events are reported, the Act’s provisions may not be understood by the public or the Internal Committees may not operate well, which can cause complaints to be handled slowly or inadequately. This erodes public confidence in the system.
This brings us to the second major issue. Although the Act requires Internal Committees (ICs) to be established, their effectiveness is frequently questioned because of their poor representation, lack of training, and sluggish complaint resolution processes. This may discourage victims from coming forward and resolving issues. ICs are sometimes established without sufficient training or a diverse membership. Committee members may be less competent or less aware of the complexities of the Act, which might make it more difficult for them to manage cases successfully. Because of administrative obstacles, resource shortages and procedural delays, complaints of harassment may take a long time to resolve. The complainant may become more distressed and lose trust in the process as a result of this delay. It is possible that victims of harassment lack access to sufficient support networks, such therapy or legal advice. Their desire to report happenings or participate in the redressal process may be hampered by this lack of assistance. People may also be discouraged from reporting cases of harassment to ICs due to concerns about secrecy and protection against possible repercussions inside the workplace.
What can we do to fix this? First, we need to strengthen the mechanisms in place. Specialized training is necessary for members of the ICs to handle complaints, carry out investigations, maintain confidentiality and assist both complainants and respondents. They need to be updated about the legal changes and best practices through ongoing training. Also, having a broad panel that includes people from different departments, gender and backgrounds improves the committee’s comprehension and strategy for equitably handling concerns. Organizations must be held accountable, with regular audits to ensure compliance.
Regular training sessions should also be conducted for employees and employers about the provisions of the Act. When the employees are more knowledgeable and proactive, they are better able to identify, report and deal with harassment incidents, which helps to create a more polite and safe work environment. Additionally, creating support systems for victims such as counselling services and legal aid is a necessary step in order to assist their mental health and enable them to take part in the redressal process.
The RG Kar case and others such gruesome acts reveal the cracks in our system. Each ignored complaint and each shattered life is a reminder that we need to do better. But do we need another heinous crime to wake up and take strict action? The POSH Act is a step in the right direction, but it is just a tool. Its success depends on our collective determination to enforce it and to stand with those who come forward. We must create workplaces where dignity is not a privilege but a basic right. Speaking up against harassment is hard, but it is the only way to break the culture of silence that allows it to thrive.
By Aasma Baraiya