SEXAUL HARASSMENT AT WORKPLACE AND LEGAL SAFEGUARDS
AUTHOR – LOGESHWARI PAUL RAJ, STUDENT AT SCHOOL OF EXCELLENCE IN LAW, TNDALU, CHENNAI
BEST CITATION – LOGESHWARI PAUL RAJ, SEXAUL HARASSMENT AT WORKPLACE AND LEGAL SAFEGUARDS, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (5) OF 2026, PG. 505-517, APIS – 3920 – 0001 & ISSN – 2583-2344.
ABSTRACT
Sexual harassment at the workplace is a significant socio-legal issue that violates the fundamental rights to equality, dignity, and a safe working environment. It adversely affects not only the physical and psychological well-being of individuals but also organizational efficiency and gender equality in employment. This study critically examines the concept, scope, and legal framework relating to workplace sexual harassment in India, with particular focus on the evolution of law through judicial intervention and legislative enactment.
The research traces the development of legal safeguards from the landmark judgment in Vishaka v. State of Rajasthan, where the Supreme Court of India laid down binding guidelines in the absence of specific legislation, to the enactment of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (POSH Act). The study analyses the statutory provisions of the Act, including the constitution and functioning of Internal Complaints Committees (ICC) and Local Complaints Committees (LCC), procedural mechanisms for complaint redressal, and the nature of remedies and penalties provided under the law.
Further, the research evaluates the constitutional dimensions of workplace sexual harassment with reference to Articles 14, 15, 19, and 21 of the Constitution of India, emphasizing the right to equality, non-discrimination, and the right to life with dignity. It also explores the role of the judiciary in interpreting and expanding the scope of protection through various landmark decisions, thereby strengthening the legal framework.
In addition, the study places Indian law within the broader international context by examining global standards such as the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) and relevant conventions of the International Labour Organization, which emphasize the elimination of discrimination and violence against women in workplaces.
The research adopts a doctrinal methodology, relying on primary sources such as statutes and case laws, and secondary sources including legal commentaries, journal articles, and reports. It identifies key challenges in the effective implementation of the law, including underreporting due to fear of retaliation, lack of awareness among employees, inadequate functioning of complaint committees, and prevailing social stigma. The study also highlights concerns regarding procedural delays and lack of strict enforcement mechanisms.
The study concludes that although India has established a comprehensive legal framework to address workplace sexual harassment, mere existence of laws is insufficient without effective implementation. It emphasizes the need for increased awareness, gender sensitization, strict compliance by employers, and institutional accountability.
Keywords: Workplace Sexual Harassment, POSH Act, 2013, Fundamental Rights, Gender Equality, Vishaka v. State of Rajasthan.