WORKPLACE DIGNITY AND SEXUAL HARASSMENT LAWS: A CRITICAL ANALYSIS OF LEGAL AND PRACTICAL CHALLENGES

AUTHOR – SIMRAN JAISWAL, STUDENT AT AMITY LAW SCHOOL, AMITY UNIVERSITY NOIDA UTTAR PRADESH

BEST CITATION – SIMRAN JAISWAL, WORKPLACE DIGNITY AND SEXUAL HARASSMENT LAWS: A CRITICAL ANALYSIS OF LEGAL AND PRACTICAL CHALLENGES, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (8) OF 2026, PG. 439-453, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

Workplace sexual harassment constitutes a serious violation of constitutional and human rights, undermining equality, dignity, liberty, and safe working conditions. It adversely affects employees’ mental well-being, professional autonomy, and equal participation in employment. The enactment of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (POSH Act), following the landmark Vishaka v. State of Rajasthan judgment, marked a significant milestone. The Supreme Court in Vishaka recognized sexual harassment as a violation of fundamental rights under Articles 14, 15, 19, and 21 of the Constitution.

This paper examines the conceptual and legal dimensions of workplace sexual harassment through constitutional principles, statutory provisions, judicial precedents, and India’s international obligations, particularly CEDAW and ILO standards. It analyses various forms of harassment including quid pro quo, hostile work environment, verbal, non-verbal, physical, and emerging cyber harassment highlighting how misconduct extends to psychological intimidation and digital platforms in virtual workplaces.

The study evaluates the impact on women’s professional opportunities, economic independence, and mental health, while scrutinizing employers’ obligations to constitute Internal Committees, implement preventive mechanisms, and establish effective redressal systems. Despite progressive legislation, persistent challenges such as poor implementation, lack of awareness, fear of retaliation, social stigma, procedural gaps, and inadequate institutional compliance remain.

The paper concludes that ensuring harassment-free workplaces is a constitutional and human rights imperative. It recommends stricter enforcement of the POSH Act, regular awareness programmes, enhanced compliance monitoring, gender-sensitive policies, and adaptive frameworks to address technological advancements in modern employment. Continuous judicial and legislative evolution is essential to uphold dignity, equality, and safety at work.

Keywords: Workplace Sexual Harassment, POSH Act, Constitutional Rights, Gender Equality, CEDAW, Hostile Work Environment, Workplace Dignity, Human Rights.