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Volume 4 Issue 2
March-April 2026
| Author(s) | Shivina Rathore |
|---|---|
| Country | India |
| Abstract | Workplace sexual harassment in India is primarily governed by the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, enacted in response to the landmark Vishaka v. State of Rajasthan guidelines. This paper critically examines the effectiveness of the statutory framework, focusing on its implementation, enforcement gaps, and evolving judicial trends. While the Act mandates the constitution of Internal Complaints Committees (ICCs) and provides procedural safeguards, its practical enforcement remains inconsistent, particularly in the informal sector and small establishments. Issues such as underreporting, lack of awareness, fear of retaliation, and inadequate institutional mechanisms continue to hinder its effectiveness. The study further analyses judicial pronouncements that have strengthened the interpretative scope of the law, emphasizing principles of gender justice, safe working environments, and employer accountability. Courts have increasingly underscored strict compliance with procedural requirements and have imposed liability for non-constitution of ICCs. However, inconsistencies in adjudication and delays in redressal reflect systemic challenges. The paper concludes that while India’s legal framework is progressive in design, its impact is diluted by enforcement deficiencies, necessitating stronger monitoring mechanisms, capacity building, and a more inclusive approach to ensure substantive workplace equality and dignity. |
| Keywords | Workplace Sexual Harassment, POSH Act 2013, Vishaka Guidelines, Internal Complaints Committee, Gender Justice, Judicial Trends. |
| Discipline | Other |
| Published In | Volume 4, Issue 2, March-April 2026 |
| Published On | 2026-03-23 |

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