The POSH Act Revisited: A Review of Its Impact on Sexual Violence in India

Abstract: The Protection of Women from Sexual Harassment at the Workplace (POSH) Act of 2013 is a significant legislative milestone in India, aiming to combat sexual harassment in professional environments and foster a more equitable workplace. Established in response to growing public concern and activism, the POSH Act provides formal mechanisms for handling harassment complaints, safeguarding victims, and promoting a supportive work culture. However, its effectiveness has been questioned, particularly in light of high-profile cases of sexual violence that have exposed limitations in its implementation. This paper offers an in-depth analysis of the POSH Act by examining its legal provisions, assessing its impact through notable case studies, and evaluating its overall effectiveness. The analysis is informed by feminist and sociological perspectives on sexual violence, which help assess whether the POSH Act has met its objectives or if further reforms are needed. Key cases such as the RG Kar rape case in Kolkata (2023), the Unnao rape case involving political figures (2017), and the Hyderabad veterinarian case (2019) illustrate both the successes and shortcomings of the Act. These incidents highlight ongoing challenges in addressing sexual violence and reveal gaps in the Act's application. Despite raising awareness and providing procedural avenues for redress, the POSH Act's implementation has been inconsistent across different sectors and social contexts. The theoretical analysis highlights that while the Act is essential, it operates within a broader context of patriarchal norms and systemic inequalities that continue to marginalize victims. To enhance its effectiveness, the POSH Act must be complemented by broader societal changes, including educational efforts and community engagement, addressing the root causes of gender-based violence.