PROTECTED ON PAPER, VULNERABLE IN PRACTICE: THE POSH DILEMMA

Workplace sexual harassment is not merely an individual dispute; it concerns equality, dignity, professional security and the ability to participate in economic and public life. Its constitutional dimensions are reflected in Articles 14, 15, 19(1)(g), and 21 of the Constitution of India, which protect equality, non-discrimination, freedom to practice a profession, and life and personal liberty. The legal journey has been significant. In Vishaka v. State of Rajasthan, the Supreme Court recognized workplace sexual harassment as a violation of fundamental rights and issued guidelines when no specific legislation existed. Parliament later enacted the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, creating a statutory framework for prevention and redressal. However, the existence of a law does not automatically ensure protection. This gap between legal protection and workplace reality lies at the heart of India’s continuing POSH dilemma.