POSH Act 2013: A Pillar for Human Rights at the Workplace – A Critical Analysis

  • Dr. Rajarsi Das
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  • Dr. Rajarsi Das

    Assistant Professor of Law at Surendranath Law College, Kolkata, West Bengal, India

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Abstract

The POSH Act, also known as the Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act, 2013, was implemented in India with the goals of preventing sexual harassment at work and creating efficient grievance procedures. This legislation is important because it is the first specific legal framework in India designed to protect women from this sort of misconduct, and it is notable worldwide for emphasizing the rights of female employees. An important piece of law designed to fight sexual harassment in India is the Prevention of Sexual Harassment Act, 2013.This analysis highlights issues and weaknesses in the current framework while examining how well the Act protects human rights in workplaces and higher education institutions. Studies show that although the POSH legislation's impact-based approach disregards the General Principles of Criminal Law, the court rulings that support the reasonable person, quid pro quo, modesty, and decency tests aim to promote confidence in decision-making even in the face of exemption. Even with this gender-biased legislation, we are able to achieve balance because to the progressive interpretation of the statute. Using a doctrinal perspective, the study examines current Act-related laws, rules, and regulations. The results highlight the necessity of tackling sexual harassment holistically, which includes modifying policies, altering cultural norms, and providing more assistance to victims. The research offers suggestions for improving the Act's implementation, encouraging an atmosphere of safety and inclusivity for everyone in higher education institutions, and cultivating a culture of respect and accountability.

Keywords

  • Human rights
  • POSH Act
  • Sexual Harassment
  • Impact
  • Judicial Interpretations

Type

Research Paper

Information

International Journal of Law Management and Humanities, Volume 8, Issue 6, Page 49 - 62

DOI: https://doij.org/10.10000/IJLMH.1111093

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