VidhiAagaz
International Journal ofLaw Management & Humanities
ISSN 2581-5369 · Open access
International Journal ofLaw Management & Humanities
Open accessResearch PaperVol. 8 No. VI (2025)pp. 49–62

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

RD
Dr. Rajarsi DasAssistant Professor of Law at Surendranath Law College, Kolkata, West Bengal, India
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Published 16 November 2025 · pp. 49–62 · Vol. 8 No. VI (2025)
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 rightsPOSH ActSexual HarassmentImpactJudicial Interpretations

How to cite

Dr. Rajarsi Das, POSH Act 2013: A Pillar for Human Rights at the Workplace – A Critical Analysis, 8 Int'l J. L. Mgmt. & Human. 49 (2025).

Cite this article

Dr. Rajarsi Das, POSH Act 2013: A Pillar for Human Rights at the Workplace – A Critical Analysis, 8 Int'l J. L. Mgmt. & Human. 49 (2025).
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