LIJDLR

EVALUATING THE EFFICACY OF POSH ACT IMPLEMENTATION IN INDIAN SERVICE LAW: A COMPREHENSIVE ANALYSIS OF LEGISLATIVE INTENT, JUDICIAL INTERPRETATION, AND PRACTICAL IMPEDIMENTS IN WORKPLACE SEXUAL HARASSMENT REDRESSAL

Linshi Naresh Kharat, LL.M (Constitutional Law), Student at Maharashtra National Law University, Chhatrapati Sambhajinagar (India)

The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (hereinafter referred to as the POSH Act) stands as a landmark statute in India’s gender protection architecture, emerging from decades of advocacy following the Vishaka judgment of 1997. More than a decade following its enactment, the efficacy of the POSH Act remains contested. While the Act has catalysed structural institutional mechanisms through Internal Complaints Committees (ICCs) and Local Complaints Committees (LCCs), implementation gaps persist across formal and informal sectors. This paper comprehensively evaluates the efficacy of POSH Act implementation through three dimensions: the legislative and constitutional framework, the evolving jurisprudence particularly following the Supreme Court’s 2023-2025 interventions, and the empirical reality of compliance and service law application. The analysis demonstrates that although the Act represents a sophisticated amalgamation of prevention, prohibition, and redressal mechanisms grounded in fundamental rights jurisprudence, its efficacy is significantly constrained by procedural ambiguities, inconsistent compliance, sectoral disparities, and institutional capacity deficits. This paper argues that efficacy must be reassessed not merely as formal compliance but as substantive access to justice, survivor agency, and workplace cultural transformation. The paper concludes with recommendations for legislative harmonisation, institutional strengthening, and enforcement mechanisms calibrated to the realities of India’s diverse labour market.

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Research Paper LawFoyer International Journal of Doctrinal Legal Research (LIJDLR), Volume 4, Issue 2, Page 168–197.
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