THE POSH ACT, 2013: A CRITICAL ANALYSIS OF ITS INCLUSIVITY

AUTHOR – HARSITH GANESAN, STUDENT AT CHRIST (DEEMED TO BE UNIVERSITY)

BEST CITATION – HARSITH GANESAN, THE POSH ACT, 2013: A CRITICAL ANALYSIS OF ITS INCLUSIVITY, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (1) OF 2024, PG. 269-274, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

The vulnerable have always been targeted by perpetrators and they have been but in such a condition due to the lack legislative safeguards and supports that offer protection to them and provide them with redressal mechanisms. Sexual harassment has been widely prevalent throughout the history of mankind and women have always been targeted yet they are not the only victims of such harassment. In the modern world, the statistical data portrays that the sexual harassment against other genders is on the rise and therefore, gender inclusivity into the current legislation should be considered. The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 was enacted to curb sexual harassment at the workplace, however owing to the gender specific nature of the act, it does not provide redressal to the members of the LGBTQ+ community. The Transgender Persons (Protection of Rights) Act provides that any ‘transgender person’ under the act is entitled to protection from any form of harassment and creates a binding obligation upon the POSH Act to ensure that such individuals are protected. This research paper aims to critically analyze this Act and judicial interpretations in providing protection to all victims of sexual harassment. Furthermore, relies on the judicial interpretation, existing literary works, and other authorities, to suggest that the Act needs to adopt gender inclusivity in its provisions. In order to achieve true gender inclusion, its shortcomings in recognizing and safeguarding people with varied gender identities, calls for a thorough reevaluation and reform.

Keywords: sexual harassment, gender identity, gender inclusivity, aggrieved woman