THE NEED OF GENDER- NEUTRAL REFORM IN POSH ACT,2013

THE NEED OF GENDER- NEUTRAL REFORM IN POSH ACT,2013

AKANKSHA SHRIVASTAVA

Career College of Law, Affiliated to Barkatullah University, Bhopal

“Harassment Has No Gender, Dignity Has No Boundaries: Every Person Deserves Respect and Safety at Work”

THE NEED OF GENDER- NEUTRAL REFORM IN POSH ACT,2013

ABSTRACT

The Prevention of Sexual Harassment (POSH) Act, 2013, was a landmark legislation aimed at protecting women from workplace harassment in India. While it addressed a critical gap, the law’s gender-specific focus has left men and transgender employees vulnerable, highlighting the need for a gender-neutral reform. Workplace harassment is not limited to women; men and individuals from other gender identities face unique challenges, yet often lack recognition, awareness, or institutional support. Real-life cases in India have revealed men experiencing harassment but struggling to report due to stigma, societal stereotypes, or inadequate complaint mechanisms. Similarly, transgender employees encounter discrimination and harassment, compounded by marginalisation and limited legal protection. This article examines why gender-neutral reforms are necessary, exploring both social and legal barriers. Cultural perceptions of masculinity, fear of disbelief, organizational reluctance, and gaps in the current law hinder reporting and effective redressal. Challenges in implementation include redefining “employee” and “harassment,” aligning the Act with principles of equality, and ensuring internal complaint committees are truly inclusive. Drawing on international best practices, case studies, the article argues that reforming POSH to include all genders is essential for fairness, accountability, and workplace safety. Recommendations focus on extending the Act to cover everyone, creating awareness about harassment against men and transgender individuals, strengthening complaint procedures, and fostering a culture of zero tolerance. In conclusion, a gender-neutral POSH Act is not merely a legal necessity but a social imperative, ensuring that all employees, regardless of gender, can work with dignity, safety, and equality in modern Indian workplaces.

KEY WORDS:

POSH Act 2013, Gender- Neutral Legal Reform, Workplace Harassment, Men and Transgender as a Victims of Harassment, Constitutional Morality, Article 14 Right to Equality, Article 15 Prohibition of Discrimination, Article 21 Right to Dignity, Internal Complaints Committees.

INTRODUCTION:

We often talk about safe workplaces, but safety cannot have a gender, every voice that trembles in fear at the workplace deserves to be heard, whether it belongs to a woman, a man or even a transgender person. But in today’s world of equality and empowerment it is ironic that our laws still see harassment as a ‘women-only’ issue. In reality, harassment can happen to anyone. The POSH Act, 2013 which stands for PREVENTION OF SEXUAL HARASSMENT AT WORKPLACE was a very historic and much needed step to protect women from workplace harassment. However, as time changes, society evolved so its high time to accept that men and transgender person can also face harassment, humiliation and fear. Imagine being harassed at workplace but having no law to protect you simply because you are not a woman.

WHY THE POSH ACT WAS NECESSARY

Before 2013, India had no special law to deal with sexual harassment at workplaces. Many women faced uncomfortable situations, inappropriate behavior, or even threats at work, but there was no clear way to report or punish such acts, this gap in the law came to light after the landmark case of Vishaka v. State of Rajasthan 1997. In this case, a social worker named Bhanwari Devi, working for the Rajasthan government, was gang-raped while performing her duty of preventing child marriage in a village. The incident exposed a deep legal vacuum that there was no law to protect women from sexual harassment or assault at the workplace. Taking Suo Motu Cognizance, a group of women’s rights organizations filed a Public Interest Litigation (PIL) in the Supreme Court, which led to the Vishaka Guidelines. The Court, referring to Articles 14, 15, 19(1)(g), and 21 of the Constitution, held that sexual harassment violates a woman’s right to equality, freedom, and life with dignity. The judgment also relied on international conventions, especially the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW), to frame a set of preventive and procedural measures that every employer had to follow. These came to be known as “The Vishaka Guidelines (1997)’” the first legal framework for workplace harassment in India. The Court directed that these guidelines would remain in force until the government enacted a proper law. After 16 long years, the Parliament finally passed the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, commonly known as the POSH Act. Thus, the POSH Act was born as a direct result of the Vishaka judgment, to provide a formal legal mechanism ensuring that women could work in a safe and dignified environment.

WHY ONLY WOMEN WERE COVERED

When the Act was drafted, it reflected the social reality of that time that women were the most common victims of workplace harassment. Society was (and still is) male-dominated, and women often faced discrimination and silence. So, the law focused only on women to give them protection and justice. However, while doing so, the Act defined a victim only as an “aggrieved woman” u/s 2(a) who alleges to have been subjected to sexual harassment at workplace. Nowhere does the Act acknowledge that men, transgender can also be victims. This might have made sense ten years ago, but times have changed. Today, many cases show that men too can be harassed, but they have no legal protection under this Act. The problem is not with protecting women, but its with excluding others. This narrow interpretation creates an unjust legal vacuum, it conveys that sexual harassment is a gendered phenomenon, an assumption that contradicts both constitutional equality and modern workplace realities.

THE EMERGING REALITY

In recent years, social awareness, workplace diversity, and open dialogue have revealed a crucial truth that men too can be victims of sexual harassment. They may face:

• Unwanted advances from colleagues or superiors,

• Coercion in exchange for professional favors,

• False accusations leading to reputational damage,

• Psychological trauma but no legal remedy.

Yet, due to the deep-rooted stigma that “men can’t be victims,” many choose silence over justice. The absence of a legal mechanism leaves them vulnerable, mocked, and unheard. The National Crime Records Bureau (NCRB) and independent surveys, though limited, show an increasing number of complaints by men about harassment, bullying, or exploitation in the workplace. However, these cases find no space under the POSH framework, as the law recognizes only women as “aggrieved.” Transgender and non-binary individuals face even harsher realities. They are often mocked, excluded, or harassed not just for their identity but also for breaking traditional gender expectations. Despite the Transgender Persons (Protection of Rights) Act, 2019, there is no clear protection for them under workplace harassment laws like POSH. The silence of the law adds to their suffering. When the system itself denies them recognition as victims, justice becomes unreachable.

Recent Example: - (Source: TOI)

• Male Victim: In October 2025, a 43-year-old man faced harassment at CMI Hospital, Dehradun, when retired Army personnel made lewd comments and threatened staff. While women had legal recourse under the POSH Act, men in similar situations have no protection.

• Transgender Victim: Also in October 2025, 24 transgender persons in Indore attempted mass suicide due to harassment and exclusion from workplace and social systems. The law does not currently protect transgender individuals under POSH. When the law recognizes only one gender as a victim, it indirectly tells others that their pain is less important. This silence leads to; psychological distress and workplace anxiety among men and trans persons, fear of losing jobs if they speak up, a growing mistrust in the fairness of legal institutions. If equality and justice are to have real meaning, then every victim's voice must be heard - irrespective of gender.

CONSTITUTIONAL CONFLICTS:

The gender exclusivity of the POSH Act stands in tension with the spirit of equality guaranteed by the Constitution:

• Article 14: Ensures equality before the law and equal protection of laws. Equality before law cannot exist if the law itself discriminates by protecting only one gender.

• Article 15: Prohibits discrimination on grounds of sex. Excluding men and transgender persons assumes only women can be victims, which is itself a form of sex-based discrimination.

• Article 21: Protects the right to life and dignity for every individual. Every worker, regardless of gender, has the right to a safe and dignified workplace; denying this right to some undermines the very essence of human dignity.

GLOBAL APPROACH TO GENDER- NEUTRAL PROTECTION:

Many nations have realized that harassment can happen to anyone, and their laws reflect this truth: - United States ‘Title VII of the Civil Rights Act (1964)’ protects all employees, regardless of gender. United Kingdom ‘The Equality Act (2010)’ ensures protection against harassment for everyone. Australia and Canada Both countries have gender-neutral workplace laws that explicitly include LGBTQ+ individuals. India, as a democratic and diverse nation, can follow this global example by reforming the POSH Act to be gender-neutral. By extending protection to men and transgender persons, India would uphold the constitutional principles of equality and dignity, promote safer workplaces for all, and reinforce the message that harassment is unacceptable, no matter who the victim is.

CHALLENGES IN REFORMING THE ACT:

Just as it took over 16 years for India to introduce the POSH Act for women, reforming it to be truly gender-neutral will face several challenges:

1. Changing Mindsets: Many still perceive harassment as primarily a women’s issue. Recognising that men and transgender persons can also be victims requires widespread awareness campaigns and cultural shifts.

2. Updating Workplace Policies: Organizations must revise complaint mechanisms, training programs, and codes of conduct to ensure they are inclusive and sensitive to all genders.

3. Legal and Administrative Clarity: Clear guidelines are needed to address complaints involving men and LGBTQ+ employees fairly, without ambiguity or bias.

4. Social and Cultural Resistance: Deep-rooted societal norms may discourage men or transgender persons from reporting harassment, fearing stigma or disbelief.

5. Fear of Misuse: Concerns may arise that expanding the Act could lead to false complaints or misuse, requiring careful checks without deterring genuine victims.

6. Training of Internal Committees (ICs): IC members will need specialised training to handle cases involving all genders, including understanding unique challenges faced by LGBTQ+ employees.

7. Resource Constraints: Smaller organizations may struggle with the costs and logistics of implementing gender-neutral policies, training, and complaint mechanisms.

8. Intersectional Challenges: Victims with multiple vulnerabilities—such as transgender employees facing both gender and social discrimination—may require additional protections and sensitivity in handling complaints.

   Despite these challenges, taking the step towards a gender-neutral POSH Act is essential to ensure equality, dignity, and safety for every individual in the workplace.

RECOMMENDATIONS:

Moving towards a gender-neutral POSH Act is not just a legal necessity but also a step towards creating workplaces that are truly inclusive and respectful. While challenges exist, they are not insurmountable. With thoughtful planning and commitment from both the government and organizations, effective implementation is possible. Some key steps that can help achieve this are:

1. Amend the Definition of Victim: Replace the term “woman” with “person” in the POSH Act to include all genders.

2. Gender-Neutral Complaint Committees: Ensure Internal Complaints Committees (ICCs) and Local Complaints Committees (LCCs) have representation from men, women, and transgender persons.

3. Awareness and Sensitisation: Conduct regular campaigns and workshops for employees and employers to highlight that harassment can happen to anyone, regardless of gender.

4. Inclusion of LGBTQ+ Protections: Explicitly recognise transgender and non-binary persons under the Act.

5. Training of Internal Committees: Provide specialised training to handle complaints involving all genders fairly and sensitively.

6. Safe Reporting Channels: Create secure, anonymous mechanisms for reporting harassment without fear of stigma or retaliation.

7. Monitoring and Enforcement: Strengthen oversight by government agencies to ensure compliance with gender-neutral provisions.

8. Judicial Interpretation: Encourage courts to adopt an expansive reading of “aggrieved woman” until legislative changes are made.

9. Collaboration with Experts and NGOs: Engage external organizations for training, counselling, and guidance on best practices.

10. Policy Updates: Revise workplace policies, codes of conduct, and complaint mechanisms to explicitly include men and transgender persons.

11. Legal Guidelines: Establish clear rules and procedures to address complaints by or against men and LGBTQ+ employees, ensuring transparency and fairness. By adopting these measures, India can ensure that the POSH Act truly safeguards every individual, fostering equality, dignity, and safe workplaces for all.

CONCLUSION:

In conclusion, reforming the POSH Act to be gender-neutral is not merely a legal formality— it is a step towards true equality, dignity, and safety for all employees. As global examples show, harassment can affect anyone, regardless of gender, and the law must reflect this reality. While challenges in implementation exist, with awareness, clear policies, proper training, and strong enforcement, India can create workplaces that are inclusive, accountable, and harassment-free. A gender-neutral POSH Act will not only uphold constitutional values but also send a powerful message: no one should ever face harassment at work, and everyone deserves protection and respect.