Implementation of the Sexual Harassment of Women at Workplace Act, 2013: An Institutional and Legal Analysis

Sexual harassment at the workplace undermines women’s right to equality, dignity, and a safe working environment, and continues to persist despite the existence of a comprehensive legal framework in India. The enactment of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 marked a significant legislative intervention aimed at preventing harassment and providing effective redressal mechanisms through institutional structures. However, the success of the legislation largely depends on its implementation by employers and institutions. This paper undertakes a critical institutional and legal analysis of the implementation of the POSH Act, 2013 in India. It examines the statutory obligations imposed on employers, the constitution and functioning of Internal Committees, awareness and sensitization measures, and procedural safeguards provided to aggrieved women. Adopting a doctrinal research methodology supplemented by an analysis of judicial pronouncements and governmental reports, the study identifies key gaps in enforcement, including inadequate institutional compliance, lack of awareness among employees, procedural irregularities, and underreporting of complaints. The paper argues that the mere existence of legal provisions is insufficient to address workplace sexual harassment unless supported by effective institutional accountability and monitoring mechanisms. It concludes by proposing legal and policy-oriented recommendations to strengthen implementation, enhance transparency, and ensure meaningful protection for women at the workplace.