Critiquing The Posh Act, 2013: Is It Time For A Gender-Neutral Legislative Reform

Abstract

The Protection of Women from Sexual Harassment at Workplace Act, 2013 (POSH Act), was a big step forward in fighting harassment at work in India, mostly to protect women. However, the Act's gender-specific structure has come under close scrutiny because of the expanding conversation about inclusivity and changing gender identities. This study criticises the POSH Act's binary approach, which doesn't protect males, transgender people, or non-binary people as victims. This limits the reach of justice and reinforces gender stereotypes. It examines judicial interpretations, practical case studies, and international best practices to underscore the necessity for a more inclusive legal framework. The report contends that although the POSH Act has markedly enhanced workplace safety for women, it insufficiently accommodates the complexities of a contemporary, varied workforce. The document ends with suggestions for policies that would make the law gender-neutral and make sure that everyone, regardless of gender, gets equal protection and justice. This is in line with the constitutional values of equality and non-discrimination.