Abstract

The paper highlights the constitutional commitment to gender equality in India and the prevalence of workplace harassment despite legislative measures. It discusses the enactment of the Prevention of Workplace Sexual Harassment Act in 2013 and its limitations, emphasizing the lack of clear implementation guidelines. The #MeToo movement's impact on exposing harassment across genders is acknowledged, shedding light on the discrimination faced by the LGBT and minority communities. The National Legal Services Authority vs. Union of India case is referenced for recognizing transgender individuals as the "third gender," signalling progress but revealing ongoing discrimination in education and employment. The paper calls attention to the future course of action needed to address the pervasive prejudice and ill-treatment faced by transgender individuals in India. Specifically, the paper underscores the inadequacy of existing laws, such as the POSH Act, in protecting transgender individuals from workplace harassment due to the statute's gender-specific language. It advocates for the creation of an umbrella provision to safeguard transgender rights, citing constitutional articles as a foundation for such protection. The need for legislative amendments and inclusive policies to foster workplace equality and empower transgender individuals is emphasized, urging a comprehensive approach to address the diverse spectrum of gender identities and promote inclusivity, diversity, and equal opportunities.

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