POSH Act Needs a Spine Today

Source: The post “POSH Act Needs a Spine Today” has been created, based on “Alandmark law in 2013, it needs a spine in 2025” published in “The Hindu” on 26th November 2025.

UPSC Syllabus: GS Paper 2 -Governance

Context: A recent case in Chandigarh saw a professor dismissed after a sexual harassment complaint was proven under the POSH Act, 2013. While hailed as “justice served,” it highlights the low conviction rate and systemic gaps in the law, especially in educational institutions where power imbalances hinder justice. Despite the Act’s intent, many women face challenges like institutional resistance, showing the need for reforms to ensure consistent and empathetic outcomes.

Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act, 2013 (POSH Act)

1. The Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act, 2013 (POSH Act) was enacted to protect women from sexual harassment in the workplace and provide a legal framework for redressal.
2. The Act defines sexual harassment, mandates the establishment of Internal Complaints Committees (ICC), and ensures the creation of a safe working environment for women.
3. It aims to safeguard women’s dignity and offer a structured mechanism for reporting and addressing grievances.

Flaws in the POSH Act:

1. Inadequate Definition of Consent: The POSH Act draws a distinction between “consent” and “informed consent,” but this crucial distinction is not well-addressed in practice.
2. The Act fails to recognize how emotional manipulation or power imbalance distorts consent, especially in workplace relationships. This leaves a significant gap in protecting women who may feel coerced into consenting due to fear or professional vulnerability.
3. Ambiguity in Terminology: The POSH Act refers to the accused as the “respondent,” rather than the “accused,” diluting the gravity of the offence. This language issue weakens the seriousness of the charge and may impact the perception of sexual harassment as a crime.
4. Burden of Proof on Victim: The Act places the burden of proof on the victim, often forcing them to prove harassment within an institutional setting that is not always supportive. This is problematic as women may face difficulties in gathering evidence and reporting harassment, especially when institutional structures are ill-equipped to handle such complaints.
5. Limitations in Investigative Framework: While the POSH Act requires the formation of ICCs, these committees often lack adequate training in handling sensitive issues like emotional and digital harassment. They are not equipped to handle the complexities of modern-day harassment, especially with the rise of digital harassment.
6. Lack of Provisions for Inter-Institutional Complaints: The POSH Act is silent on handling complaints that span multiple institutions. For example, when a perpetrator moves from one institution to another, there is no mechanism to track or address these complaints, leading to accountability gaps.
   
7. Digital Harassment and Technological Challenges: With the advent of digital communication, harassment has taken new forms, such as cyberbullying, online stalking, and inappropriate digital content. The law, however, does not address these new forms of harassment effectively. The digital age requires updated protocols and evidence-gathering mechanisms to deal with online harassment.

Challenges in Implementation:

1. Institutional Resistance: Many educational institutions and workplaces still show reluctance in implementing the POSH Act. Institutional biases, fear of reputational damage, and lack of training often lead to a failure in addressing complaints effectively.
2. Delayed and Inadequate Redressal: The Act stipulates that complaints must be filed within three months of the incident. This time limit can be too restrictive, especially for victims who might face psychological trauma or fear retaliation, delaying their ability to report the incident.
3. Inconsistent Application Across Institutions: The application of the law varies widely across different institutions. Many educational and corporate institutions do not have the necessary infrastructure or awareness to properly implement the provisions of the Act. This leads to inconsistencies in the redressal process and leaves women vulnerable to exploitation.

Way Forward:

1. Clearer Definitions and Extended Timelines: The POSH Act needs clearer definitions, particularly concerning “informed consent” and “emotional harassment.” It is essential to expand the timelines for filing complaints, especially considering the trauma victims may experience, which often delays their ability to report incidents. A more flexible and victim-centric approach would ensure greater accessibility to justice.
2. Recognition of Emotional and Digital Harassment: The Act must recognize and include emotional abuse, digital harassment, and online stalking as valid forms of harassment. This would ensure that the law remains relevant in a rapidly changing digital landscape. Additionally, better training for ICC members on handling digital evidence and emotional abuse is essential.
3. Improved Investigation Mechanisms: ICCs should be provided with comprehensive training to handle complaints effectively and impartially. They should be equipped with the tools to investigate cases of harassment, including the ability to recognize informal behaviors and non-verbal cues that indicate harassment. Additionally, multi-disciplinary committees, including legal experts, psychological counselors, and human resource personnel, should be formed to ensure impartiality and competence in handling cases.
4. Addressing Inter-Institutional Complaints: A framework for handling complaints that span across institutions, especially in cases where the perpetrator moves between different workplaces or campuses, must be established. This can include collaboration between different institutions to ensure that the perpetrator is held accountable, no matter where the harassment occurs.
5. Leveraging Technology: The law must evolve to incorporate technology. This includes creating secure digital platforms for filing complaints and gathering evidence, such as screenshots or recorded conversations. Digital literacy for ICC members should be mandatory to handle such evidence effectively.
6. Institutional Accountability and Cultural Change: Workplaces and educational institutions must create a more supportive environment for women to report harassment without fear of retaliation.  This involves changing institutional culture and ensuring that there are strong policies in place to protect complainants from further harm or victimization.

Conclusion: While the POSH Act, 2013 has been a significant step forward in addressing sexual harassment in workplaces, it remains incomplete in its scope and implementation. To achieve its goal of providing a safe and supportive environment for women, the Act must evolve with the times. This includes clearer definitions, recognition of emotional and digital abuse, more robust investigative frameworks, and better institutional mechanisms to ensure justice is both accessible and effective. With these reforms, the POSH Act can become a more powerful tool in the fight against workplace harassment in India.

Question: Discuss the Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act, 2013 (POSH Act) in the context of its flaws, challenges, and suggest the way forward.