Sexual Harassment at Workplace: Transition from Vishakha Judgment to POSH Act

Social Sciences

Sexual harassment at the workplace undermines gender equality, dignity, and safe working conditions. In India, the Vishakha Judgment (1997) marked a judicial milestone by recognizing workplace sexual harassment as a violation of fundamental rights and by introducing legally binding guidelines. These guidelines were later codified into statutory law through the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (POSH Act). This paper critically examines the transition from judicial guidelines to formal legislation and evaluates the effectiveness of the POSH Act in practice. Using qualitative analysis of secondary data, including case laws, academic literature, and policy reports, the study identifies key implementation challenges such as lack of awareness, weak institutional mechanisms, and socio-cultural barriers. The paper argues that while the POSH Act represents significant legal progress, its impact is limited by gaps in enforcement and compliance.

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