Legal Safeguards Against Workplace Harassment: Evaluating Implementation Of The Posh Act

Abstract

The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (POSH Act) represents a landmark legislative framework designed to protect women from workplace harassment in India. This paper critically evaluates the implementation efficacy of the POSH Act over the past decade, analyzing the gap between legislative intent and practical enforcement. Through examination of Supreme Court directives, compliance data, and implementation challenges, this study reveals significant shortcomings in the actualization of the Act's provisions. The research identifies systemic obstacles including widespread non-compliance, inadequate awareness, delayed justice mechanisms, and institutional deficiencies. Analysis of 300 National Stock Exchange-listed companies demonstrates that reporting remains concentrated among a limited number of organizations, suggesting poor compliance across sectors. Supreme Court interventions in 2023-2024 have attempted to address these implementation gaps through comprehensive directions to state and union governments. The paper argues that while the POSH Act provides robust legal safeguards on paper, its transformative potential remains unrealized due to enforcement failures, institutional inadequacies, and cultural resistance. The study concludes that effective implementation requires not merely structural compliance but fundamental shifts in organizational culture, enhanced training mechanisms, and rigorous monitoring frameworks.