Sexual Harassment in India’s Institutions and Workplaces

• The Supreme Court in India has criticized the enforcement of the Sexual Harassment of Women at Workplace (POSH) Act.

• The Vishaka Guidelines, first introduced in 1997, provided basic definitions and combat strategies for sexual harassment.

• The POSH Act, 2013, replaced the Vishaka Guidelines and mandated the creation of Internal Complaints Committees (ICCs) in workplaces with over 10 employees.

• ICCs are headed by a Presiding Officer, with two members committed to women’s cause and another from an NGO or sexual harassment experts.

• ICCs have the same powers as a civil court and must recommend action against the accused.

• Confidentiality is mandated in ICCs, but their coverage is not universal.

• Madhu Mehra, a lawyer for women’s rights, argues that accountability is falling due to inadequate training, power imbalance, and lack of confidentiality.