This article was first published by Anvay 2023 on December 12, 2023.
SUMMARY
“I measure the progress of a community by the degree of progress which women have achieved.” ~ Bhim Rao Ambedkar
The Indian Constitution provides equal rights to women to work in a safe and equitable environment. In tandem with it, the Sexual Harassment of Women at the Workplace (Prevention, Prohibition and Redressal) Act, 2013 (“PoSH Act”), emerged as a law to protect women against workplace sexual harassment. The PoSH Act not only addresses immediate concerns related to sexual harassment but is also deeply rooted in constitutional values promoting gender equality. It underscores the imperative of safeguarding women's dignity and rights at the workplace, in alignment with the constitutional mandate to ensure that women can freely participate in the workforce without prejudice, fear, or discrimination.
Globally, employers are known to take matters of workplace discrimination rather seriously. Despite the robust framework of the PoSH Act, there remains certain gaps to be bridged in order to align it with the global standards. This article delves into the practical application of the PoSH Act and opportunities for its effective implementation to provide safer workplaces.
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–
Sayantani Saha and
Nipasha Mahanta
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