There’s a silent battle that many women face but seldom talk about amidst the rush of everyday meetings, deadlines, and career goals. Workplace Sexual Harassment. Although offices are intended to be the site of Growth and Opportunity, for many women, they turn into a place of discomfort, intimidation, and even danger. The POSH Act of 2013 was enacted to safeguard women in the workplace, but the truth is otherwise. Retailiation, fear of judgment, or being dismissed as “Power and Workplace Politics” frequently silence those who most need assistance, leaving so many voices unheard and stories untold.
Social media’s #MeToo campaign has been instrumental in increasing public knowledge of sexual harassment and giving a venue for people to express their experiences. Targets who felt a sense of accountability to share their stories, sought support, and expected emotional rewards were more inclined to disclose their experiences. Conversely, people chose not to share their experiences due to considerations like the timing of the incident, fear of repercussions, privacy concerns, and unpleasant feelings associated with it. It should be emphasized that when victims contemplate formal reporting procedures, online disclosure of sexual harassment frequently mirrors the obstacles and difficulties they encounter. There is currently a paucity of regulations governing how to establish just and productive grievance procedures inside businesses. Moreover, victims seeking legal redress are still hampered by the complexity of establishing sexual harassment in court. The inadequacy of legal safeguards for employees who do not have typical employment relationships is another major problem that has been brought to light. The protections against sexual harassment at work are frequently inadequate for these people.
The early framework of law
India’s economy became more open in the early 1990s, increasing the number of women in the labor force. However, this positive shift was accompanied by a significant problem: many women experienced workplace harassment for which there was little legal recourse. The Vishaka vs. State of Rajasthan case in 1997 marked a watershed moment. Following a horrific incident involving Bhanwari Devi, a social worker from Rajasthan who was said to have been gang-raped while attempting to end child marriage in her community, this case was brought before the Supreme Court by an NGO called Vishaka and a few others. The case was not simply about one woman; it brought up the larger problem of the lack of protection for women in the workplace. The Supreme Court established key norms in a watershed ruling to combat and prevent sexual harassment in the workplace. The Vishaka Guidelines, as they are known, required all employers to establish a system for processing sexual harassment complaints. The Court emphasized that it is both a moral and legal obligation to make sure that women have an equal and safe workplace. India signed the United Nations Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) in 1993, thereby committing itself to safeguarding women’s rights even before this. This meant that India pledged to take concrete measures to guarantee equal rights for men and women in the workplace, including protection against harassment. Despite the Vishaka Guidelines being in place, there was still no real law. In 2013, after many more years of pressure and activism, the Indian Parliament eventually approved a specific statute, the Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act. This legislation established a formal and structured way to protect women at work by giving legal support to the rights initially identified by the Vishaka verdict.
Actions Taken
- Vishaka Guidelines (1997): The Supreme Court of India established these guidelines in response to the Vishaka vs. State of Rajasthan case. The Vishaka Guidelines were the first concrete measure taken in India to combat workplace sexual harassment before the POSH Act.
- The Prevention, Prohibition, and Redressal of Sexual Harassment of Women at Workplace Act, 2013 (POSH Act): Seeks to offer a mechanism for redressal of complaints pertaining to incidents of sexual harassment of women at their place of employment, as well as to prevent and address such incidents. Complaints of sexual harassment are handled by the Internal Complaints Committee (ICC) and the Local Complaints Committees.
- Sexual Harassment electronic -Box (She-Box): an online complaint management system that the Ministry of Women & Child Development created in 2017 to handle complaints about workplace sexual harassment.
- Convention on the Elimination of All Forms of Discrimination against Women: acknowledges the right to work with respect and protection against sexual harassment as fundamental human rights.
In 1993, India ratified the treaty.
The Hidden Truth About Harassment
Not all instances of workplace sexual harassment are blatant or loud. Unwanted contact and unpleasant remarks occur at times. But it’s frequently concealed by a late-night message from a senior that seems inappropriate but is difficult to protest, a lingering look that makes someone uneasy, or a so-called “harmless joke” that goes too far. The silence that follows is what makes it even more excruciating. The reason why many women choose not to speak up is not that it doesn’t hurt, but because they worry about being labeled as challenging, losing their jobs, or being criticized. This silence has a significant cost it undermines trust, induces anxiety, and turns the workplace into an unsafe environment.
A Call for Change: Because Policy Isn’t Enough
We must begin to change the workplace culture at its roots if we want to bring about genuine and lasting change, not just implement laws on paper. This starts with creating settings where victims feel heard, supported, and protected rather than silenced. Regardless of the perpetrator’s position, businesses must establish independent and open reporting processes, offer trauma-informed training for HR professionals and managers, and guarantee that harassment is dealt with quickly and consistently. Leadership must lead by example, actively combating sexist conduct and power disparities rather than passively letting them continue. Furthermore, fostering a culture of bystander intervention and allyship gives all workers the confidence to speak out when they see inappropriate behavior. Change is an ongoing dedication to accountability, empathy, and equity, not a one-time solution.
Contributed by- Shikha