By Theresa Jose

Abstract 

The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (PoSH Act, 2013), aims to prevent workplace sexual harassment but faces criticism for being inefficient and not victim-centred. This article highlights its reliance on retributive justice, which often neglects victims’ needs and systemic issues. Incorporating abolitionist feminist perspectives, it advocates for restorative justice to empower victims, ensure offender accountability, and promote systemic reform. Key recommendations include improving awareness, mandating training, enhancing Internal Complaints Committees (ICCs), and fostering preventive mechanisms. The article argues that true success lies in creating supportive environments, eliminating harassment, and safeguarding women’s right to a safe workplace.

Introduction

An increase in women working in both formal and informal sectors has boosted the economy of the country but the increase in cases of sexual harassment at the workplace has caused women to leave jobs or lose jobs due to the inefficiency of the act that came into force – the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 or commonly known as the PoSH act. Our country follows the retributive justice system which is not victim-centered and focuses on giving punishment. This article focuses on how abolitionist feminist thoughts can be applied to the PoSH Act and the importance of restorative justice. The main aspects covered in the article include the need for the act to be more victim-centred, implementing the law strictly in various institutions both formal and informal sectors, and suggesting alternative methods to make the act more efficient. The main focus of the act must be to solve the problem and to prevent harassment of women in workplace from happening again. But the legislation has failed as there has been an increase in cases reported of sexual harassment at the workplace as per the data published by the Ministry of Women and Child Development which shows a 54% increase in cases from 2014 to 2017.  Therefore, the objective of this article is to find a better and more efficient way to implement the act through the ideas of abolitionist feminism.

The Need for Restorative Justice in Addressing Sexual Harassment

Abolitionist feminists believe that crimes cannot be reduced by carceral systems. It shows the importance of restorative justice and how it can bring changes in society better than the present retributive justice that is followed. When it comes to sexual assaults and rape, there is less chance of the person serving jail time which shows the need for restorative justice through which a victim is repaid and the offender can learn from their mistakes. The Prevention of Sexual Harassment (PoSH) at Workplace Act 2013 of India was established to protect women against sexual harassment faced at the workplace and to prevent and redress complaints of sexual harassment (The Sexual Harassment of Women at Workplace. Analysing this act from the perspective of abolition feminism shows a need for reformation to make the implementation of act more efficient and effective. 

First, there is a need to analyse if the PoSH act is victim-centred. Women are often afraid to file a complaint as they fear the possibility of backlash. There were many cases where the victim suffered due to filing complaints, in which they were accused of giving false complaints and in the end lost their job. These reasons have discouraged women from seeking redressal which shows the limitations of the act’s provisions. The nature of justice delivered is influenced by the socio-economic status of the complainant and perpetrator so when a person complaints it might be covered up by the institution in fear of ruining their reputation, mostly if the accused holds a powerful position, and the complainant is from the lower strata of the society.  There are chances for the victim to be removed from their jobs, and the organisation takes the easiest way to solve the problem than prevent these offences from happening again. 

Challenges with Retributive Justice in the PoSH Act

Our country follows a retributive justice system that focuses on giving punishments to offenders, but in most cases, the victim does not complain, and even if they do report it, due to the reason of lack of evidence, it does not reach the courts, so the carceral system will not provide the victim justice and the perpetrators get away with impunity.  Hence, there is a need for the PoSH act to go for the restorative justice system where it provides victims redressal and the offender is held accountable for what they did and offers to rehabilitate the victims, which is not possible in the retributive justice system as it does not focus on the crime but focuses only on giving punishments which in cases of sexual harassment rarely happens. Restorative justice gives the victim a chance to speak with their offender about the impact of their crime, and from the victim’s part, it is a huge step to recover from the disturbing experience and it empowers the victim. In the point of view of abolitionist feminists, this is the best way for the victim to get redressal and the offender is held responsible for the crime, which might not happen in a retributive system. When the offender gets away with impunity, the chances of the same crime happening is a possibility that cannot be ignored. Victims must not be discriminated against based on their caste, class, or gender, as this will result in people losing trust in the laws of the government, and to prevent that there has to be proper action taken to give justice to everyone equally. To make the act more victim-centered, along with courts there should be organizations that train therapists and social workers so that they can help people have a better understanding of sexual harassment and also to prevent victim-blaming. It is important to support the victims since it takes a lot of courage to file a complaint against the perpetrator and the committee must be sensitive towards the victim and make them feel safe enough to open up. Even afterwards it is the duty of the organization and the committee to resolve the problems faced by the victim and help them get better. 

Strict Implementation of the PoSH Act

From the perspective of abolitionist feminists, the strictness of the PoSH Act has to be analyzed. The victim of sexual harassment has the right to file a complaint to the Internal Complaints Committee (ICC) which is constituted in the organization but due to the backlash often faced by victims they are forced to endure these kinds of harassments and are not provided redressal. The PoSH act must work efficiently in bringing about a safe workplace for women. Many women are not aware of the provisions and protections that the act provides and this has resulted in many women facing harassment and perpetrators are not made accountable for their deeds. The PoSH Act has to make it mandatory to provide training and circulate information to employers, therefore organizations must conduct Anti-sexual harassment (ASH) training. It is important to conduct this training as the lack of awareness and support from employers forces the victim to not complain in the early stages. These not only focus on the person who encounters sexual harassment but also the person who is accused, this training will educate the accused about their legal rights and the redressal procedure, they must be aware of this if they are falsely accused. 

The Act concentrates on fixing blame and the legislative system focuses on keeping the perpetrators in prisons. Punishments like firing the perpetrator from their position or imprisonment overshadow the main purpose of the act which is to focus on the problems faced by the victims and the communities. The act must provide a chance for people impacted by the crime to have a voice in the resolution, and the power should not be solely under the ICC. The facilitator must assist in reaching an agreement on restitution for the victim, and an apology from the offender. The ICC must be more transparent, as there has been a lack of data on the cases reported under the PoSH Act. There has to be systematic data collection on complaints filed to the ICC so that people will become more aware. Every institution must have an ICC and strict actions have to be taken if they do not comply with the instructions. Members of the ICC must be inclusive –  there shall be representatives from each socio-economic strata so that it will lead to a less biased judgment when a complaint is filed.  The committee must conduct conferences in which victims and offenders can meet with support people, community members, and professional facilitators, this can provide for a wide range of perspectives, more creative solutions and increased involvement of victims and other community members. All this can lead to a more satisfactory justice for the victim and also reduce the chance of repeating of crime.

Conclusion

The Prevention of Sexual Harassment Act must find ways to make itself more beneficial to victims and aim to eliminate the crime. We should realize that one perpetrator amongst the many getting punished, does not measure the success of the Act. Fixing the systematic social evils will. Women have the right to work, and the lack of safety shouldn’t force women to choose between working and voicing out on sexual harassment or between having a workplace and having a safe working environment,  because a safe workplace is the legal right of a woman and the law must work to protect this crucial right.

Author’s Bio: Theresa Jose is a public policy student at O.P. Jindal Global University, keen to explore gender-related issues. She is passionate about using her writing to raise awareness and advocate for social change. Theresa’s work aims to shed light on the challenges individuals face based on gender and sexuality, fostering a more inclusive and equitable society.

Image Source: PoSH Act amendments and legal developments: What Indian employers need to know in 2025 | YourStory