Beyond Compliance: Reassessing the Effectiveness of the POSH Act, 2013

India has borne witness to one of the most egregious act in its history which had been taken place on August 9, 2024 at Kolkata’s RG Kar Medical College. The Victim was the postgraduate trainee doctor who was being brutally raped and murdered inside the institute during her late duty hours. The constitution of India guarantees equality before the law and safeguards the dignity of individuals. Every individual has the constitutional right to practice any profession or occupation under Article 19(1)(g), subject to reasonable restrictions. A dedicated law was made by the Indian legislature Sexual Harassment of Women at Workplace (Prevention, Prohibition, Redressal) Act, 2013 to protect the women from sexual harassment at workplace. Initially Hon’ble Apex court of India issued the Vishakha guidelines after the case of Vishakha vs State of Rajasthan (1997), which paved the way for Sexual Harassment of Women at Workplace (Prevention, Prohibition, Redressal) Act, 2013. This framework to protect the women at workplace and ensuring effective redressal of complaints is highly progressive because it came after activist movement. Firstly, Bhanwari Devi was gang raped in a village in Rajasthan in 1992 because being a social activist she opposed child marriage and subjected to violence following to this two decades later gang rape of Jyoti Singh in 2012. This act is not gender- neutral, it is women centric. This can be drawn from the theory of Institutionalism, which stipulates that the how social norms, rules and structure shape human behavior and organization. It is evident that most of the Indian organizations are embedded within the patriarchal structure which can easily explain why this act only includes protection of women not men. A conflict becomes apparent between foundational and hegemonic relation between men and women in the society and societal force to comply with the constitution of India.