The Lacunae In Implementation Of The PoSH Act

1. Introduction

"Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013," commonly known as the PoSH Act, came into force 10 years back. The act aims to prevent and address the cases of sexual harassment in the workplace. The act plays a crucial role in promoting gender equality, creating a respectful work environment, and empowering employees to speak up against sexual harassment. The act has a wide scope of applicability as it applies to all workplaces in India. However, the implementation of the act still comes under the hammer every now and then. Recently, in case of Aureliano Fernandes v. State of Goa and Others,¹ the apex court opined that there are "serious lapses" and "uncertainty" with respect to the enforcement of the PoSH Act.