The POSH Act: A Law Born from Silence, Sustained by Dignity
By Adv. M. N. Khan
For a long time, the Indian workplace carried an uncomfortable truth that few were willing to acknowledge openly. Women worked alongside men and contributed equally, yet many endured indignities that had no clear name, no remedy, and often no listener. What was dismissed as normal behaviour or harmless conduct was, in reality, an assertion of power that remained unchecked, unquestioned, and deeply unjust.
Sexual harassment at the workplace did not suddenly emerge as a modern concern. It existed quietly and persistently, thriving in rigid hierarchies where authority went unquestioned and vulnerability remained unseen. Women were expected to tolerate discomfort for the sake of employment. Speaking up often led to being labelled difficult, ungrateful, or worse. The absence of a legal framework was not accidental. It reflected a broader social reluctance to confront wrongdoing when it was protected by power.
The need for a legal response became impossible to ignore after the horrific experience of Bhanwari Devi, a woman punished not for misconduct but for her courage. Her case shook the conscience of the judiciary and compelled the nation to recognise that sexual harassment is not a private matter. It is a constitutional concern. The Vishaka Guidelines emerged as a judicial response to legislative silence, seeking to address a moral and legal vacuum. However, guidelines alone, regardless of how progressive they may be, cannot replace a statute backed by enforceability.
The enactment of the Prevention of Sexual Harassment of Women at Workplace Act, 2013 marked a decisive shift. It was not simply another compliance requirement. It was a formal recognition that dignity at work is inseparable from the right to equality and the right to life. The POSH Act acknowledges that empowerment loses its meaning when safety is uncertain and that economic participation cannot thrive in an environment of fear.
What sets this legislation apart is its emphasis on responsibility. The law does not ask women to be braver. It requires institutions to act better. Employers are mandated to establish mechanisms that prevent, address, and redress harassment, not as a discretionary measure but as a legal obligation. The Internal Committee is not a symbolic body. It is the backbone of enforcement. When properly constituted and effectively trained, it restores confidence in due process while safeguarding dignity and fairness for all parties involved.
There is a widespread misconception that the POSH Act is adversarial in nature. This belief is both inaccurate and harmful. The Act does not presume guilt. It prescribes procedure. It calls for inquiry rather than assumption. By grounding the process in principles of natural justice, the law ensures that complaints are examined with seriousness, sensitivity, and balance. In doing so, it protects not only aggrieved women but also the integrity of the institution itself.
Women empowerment cannot be measured solely by numbers, such as how many women enter the workforce or how high they rise within organisations. True empowerment lies in the freedom to work without fear, to raise objections without facing retaliation, and to trust that the system will respond fairly. The POSH Act supports this empowerment quietly yet firmly. It does not sensationalise dignity. It makes dignity a normal expectation.
The effectiveness of the law, however, depends as much on intent as on implementation. Treating POSH compliance as a checklist exercise undermines its purpose. A policy that is drafted but not understood, or a committee that exists but lacks training, represents compliance only in form, not in substance. The spirit of the Act requires continuous awareness, sensitivity, and engagement. Legal guidance plays a vital role here, not to escalate conflict, but to ensure that justice remains procedural, reasoned, and humane.
From professional experience, workplaces that take POSH seriously rarely do so out of fear of penalties. They do so because they recognise that respect is fundamental to productivity and trust. On the other hand, organisations that disregard the law often discover too late that reputational damage cannot be repaired through silence or denial.
Ultimately, the POSH Act reflects the maturity of society itself. It reminds us that progress is measured not only by economic growth but also by values. It affirms that no workplace can be called professional if it tolerates intimidation, and no system can be considered just if it expects women to endure in silence.
This law was not enacted to instil fear. It was enacted to create balance. It stands as a reminder that empowerment is not something granted casually. It must be protected deliberately. By safeguarding the dignity of women at work, the POSH Act strengthens both the moral foundation of our institutions and the constitutional promise of equality.
