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Title:
Seeing the ICC: Critical Perspectives on the Limitations of the POSH Act, 2013

Authors:
Aadhya Agrawal

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Aadhya Agrawal
The International School Bangalore

MLA 8
Agrawal, Aadhya. "Seeing the ICC: Critical Perspectives on the Limitations of the POSH Act, 2013." Int. j. of Social Science and Economic Research, vol. 9, no. 11, Nov. 2024, pp. 5207-5214, doi.org/10.46609/IJSSER.2024.v09i11.015. Accessed Nov. 2024.
APA 6
Agrawal, A. (2024, November). Seeing the ICC: Critical Perspectives on the Limitations of the POSH Act, 2013. Int. j. of Social Science and Economic Research, 9(11), 5207-5214. Retrieved from https://doi.org/10.46609/IJSSER.2024.v09i11.015
Chicago
Agrawal, Aadhya. "Seeing the ICC: Critical Perspectives on the Limitations of the POSH Act, 2013." Int. j. of Social Science and Economic Research 9, no. 11 (November 2024), 5207-5214. Accessed November, 2024. https://doi.org/10.46609/IJSSER.2024.v09i11.015.

References

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[5] . Economic Times. “Only 8% employees aware of the PoSH Act, reveals survey - ETHRWorld.” Economic Times, 24 February 2023, https://hr.economictimes.indiatimes.com/news/workplace-4-0/only-8-employees-aware-of-the-posh-act-reveals-survey/98193795. Accessed 24 August 2024.
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[7] . The Gazette of India. The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013. 22 April 2013.
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[9] . Human Rights Watch. ““No #MeToo for Women Like Us”: Poor Enforcement of India's Sexual Harassment Law | HRW.” Human Rights Watch, 14 October 2020, https://www.hrw.org/report/2020/10/14/no-metoo-women-us/poor-enforcement-indias-sexual-harassment-law. Accessed 24 August 2024.
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[12] . Malhotra, Rishi. “Gender Neutrality Of Laws Relating To Sexual Offences.” Outlook India, 2 July 2024, https://www.outlookindia.com/national/gender-neutrality-of-laws-relating-to-sexual-offences#. Accessed 24 August 2024.
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ABSTRACT:
The implementation of India’s PoSH Act, designed to prevent and address workplace sexual harassment, faces significant challenges, particularly in reaching the informal sector, where a majority of working women in the country are employed. Despite the Act’s mandate, Internal Complaints Committees (ICCs) and district-level Local Committees (LCCs), the latter being crucial for addressing complaints in unorganised sectors, are either non-functional or improperly constituted in many regions. This gap in execution is compounded by inadequate funding, weak accountability mechanisms, and a lack of awareness at the grassroots level. Further complicating the Act’s efficacy is its failure to account for caste, class, and economic disparities. Marginalised women often face intersecting forms of discrimination that the current framework does not adequately address. Additionally, the Act’s focus on sexual harassment leaves other workplace biases, microaggressions, and non-sexual misconduct unaddressed. Hence, this paper details gaps, deficiencies, and limitations through a critical analysis of the PoSH Act. Recommendations for improvement include enforcing stronger accountability for District Officers and expanding the Act’s scope to cover broader workplace issues to arrive at a robust, inclusive, and well-monitored PoSH framework that protects the rights of all workers, particularly those most vulnerable.

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