JUDICIAL PERSPECTIVES ON SEXUAL HARASSMENT: A COMPARATIVE ANALYSIS OF POSH CASES
This research paper critically examines judicial opinions in landmark cases involving the Prevention of Sexual Harassment (POSH) framework, exploring their profound impact on workplace policies and legal reforms. Adopting a qualitative comparative analysis, the study reviews pivotal cases such as Vishaka v. State of Rajasthan, Meritor Savings Bank v. Vinson, and Faragher v. City of Boca Raton to elucidate how judicial reasoning balances victim rights, due process, and employer responsibilities. Through rigorous thematic analysis, this paper identifies recurring themes across diverse jurisdictions and time periods, emphasizing the evolution of legal interpretations and their practical implications. Data were collected from primary sources, including court judgments and legal databases, and were enriched with insights from academic articles, policy documents, and legislative texts. The integration of these sources enabled a comprehensive evaluation of how judicial decisions have clarified the definition of sexual harassment, reformed internal grievance mechanisms, and influenced corporate practices. Furthermore, the analysis reveals that such landmark rulings have catalyzed legal reforms, notably inspiring the enactment of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 in India. The findings underscore the dual role of judicial reasoning in both interpreting existing laws and shaping future legal and policy developments. They highlight the necessity for ongoing legal education and adaptive policy frameworks to address emerging challenges, including digital misconduct and remote work dynamics. Ultimately, this paper contributes to a deeper understanding of the dynamic legal landscape and offers practical recommendations for policymakers and industry leaders striving to foster safer and more equitable workplaces. The research findings call for continuous review and reform of legal standards and corporate policies to ensure adaptive measures for emerging workplace challenges in today’s environment.
Publication Details
- Journal
- Zenodo (CERN European Organization for Nuclear Research)
- Published
- 2025-02-27
- DOI
- https://doi.org/10.5281/zenodo.14935950
- Primary Topic
- Sexual Assault and Victimization Studies
- Type
- article
- Field-Weighted Citation Impact
- 0.00