A CRITICAL STUDY ON THE EFFECTIVENESS OF THE SEXUAL HARASSMENT OF WOMEN AT WORKPLACE (PREVENTION, PROHIBITION AND REDRESSAL) POSH ACT, 2013 IN INDIA

Sexual harassment at the workplace violates a woman's rights to equality, dignity, privacy and livelihood. Following the Supreme Court's guidelines in Vishaka v. State of Rajasthan, India enacted the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 ("POSH Act"), supported by the 2013 Rules and, for criminal liability, the Bharatiya Nyaya Sanhita, 2023. More than a decade on, the Act's promise is still undercut by non-constitution of Internal Complaints Committees, weak Local Committees, fear of retaliation, a short limitation period, underreporting, poor reach into the informal sector and the absence of reliable data. This article examines the text, institutional machinery and judicial interpretation of the Act, identifies the gap between law and practice, draws on comparative models from the United States, the United Kingdom and international labour standards, and proposes legislative, institutional and attitudinal reforms. It argues that the most immediate gains lie in credible enforcement and independent monitoring, supplemented by targeted amendment.