Despite legal provisions for women’s workplace safety, social barriers and institutional apathy hinder effective enforcement, urgent reforms and awareness are essential for change
In 2013, India took a significant step forward in safeguarding women’s rights at the workplace by enacting the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, more commonly known as the POSH Act. This law was a response to decades of silence, stigma, and institutional apathy surrounding workplace sexual harassment, and was guided by the landmark Supreme Court decision in Vishaka vs. State of Rajasthan (1997).
The POSH Act aims to provide a safe, secure, and dignified working environment for women, free from fear of discrimination or harassment. It applies across all sectors, public and private, organised and unorganised, including schools, hospitals, factories, corporate offices, and NGOs. This law, like all other central laws, is fully applicable to Jammu & Kashmir. However, while the law exists on paper in the Union Territory, its implementation tells a different story.
Understanding the POSH Act
The Act mandates the creation of an Internal Committee (IC) in every organisation with ten or more employees. The committee must consist of a senior female employee as the presiding officer, two or more employees committed to women’s rights, and one external member, often a lawyer, activist, or member of an NGO. The IC is responsible for receiving complaints of sexual harassment, conducting an impartial inquiry, and recommending disciplinary action where necessary. In cases where organisations have fewer than ten employees or if the complaint is against the employer, a Local Committee (LC) under the district administration is to be constituted.
The Act defines sexual harassment in broad terms — not just physical contact or advances, but also verbal abuse, inappropriate jokes, sexually colored remarks, pornographic material, persistent staring, and online harassment. It also puts responsibility on the employer to spread awareness, organise training, assist victims in filing FIRs, and ensure confidentiality throughout the redressal process. Non-compliance with the law can lead to fines up to ₹50,000 and, in repeated instances, even the cancellation of business licenses.
POSH in Jammu and Kashmir: The Ground Reality
Despite the progressive spirit of the law, implementation in Jammu and Kashmir remains deeply flawed. Across various sectors, education, health, private enterprises, media, tourism, and even government offices, there exists a serious gap between legal compliance and ground realities. Many offices and institutions have not set up Internal Committees, despite being legally obligated. Where committees exist, they are often symbolic, set up merely to satisfy audit requirements, with no actual training or functional readiness to handle sensitive complaints. Worse, in several cases, women employees are unaware that such committees exist at all. This lack of compliance is especially stark in rural districts and semi-urban zones, where awareness about women’s workplace rights is minimal. In many private schools, coaching centres, local businesses, and NGOs, the law remains largely unknown or ignored.
Even in departments like healthcare and education, where women form a significant portion of the workforce, there is little to no proactive effort to sensitise staff or train Internal Committee members. Complaints, when made, are often trivialised, delayed, or buried under bureaucracy.
Cultural Silence and Social Barriers
Kashmir’s conservative social structure, coupled with deep-rooted patriarchal attitudes, often discourages women from speaking out. Victims of sexual harassment fear social stigma, character assassination, and retaliation at the workplace. There is also a fear of being ostracised, especially in tightly-knit communities where “honour” is still often linked to a woman’s silence, not her safety. Many women fear they will not be believed, or worse, blamed for the misconduct. This leads to under-reporting of cases, a lack of trust in internal mechanisms, and a dangerous normalisation of harassment.
Institutional Apathy
The District Officers, who are supposed to ensure the formation of Local Committees in workplaces with fewer than 10 employees, have also shown a general lack of initiative. Monitoring and enforcement remain weak. There are no regular audits, no publicly available compliance records, and little effort to push for real awareness campaigns. There is also a significant lack of training for Internal Committee members. Many are unaware of legal procedures, inquiry guidelines, or how to handle a complaint with sensitivity and neutrality.
The Way Forward
The POSH Act is a strong piece of legislation, but its success depends entirely on implementation. Jammu and Kashmir needs urgent structural reforms and social awareness to make it effective. Mandatory Compliance Audits: Government departments and private institutions must be compelled to submit annual reports on POSH compliance, including details of the Internal Committee functioning. Widespread Awareness Campaigns: District administrations, civil society organisations, and legal aid clinics must collaborate to spread awareness, especially in rural areas, about the POSH Act and the rights it guarantees. Training and Capacity Building: Internal and Local Committees must receive formal legal training. Sensitisation programmes should be made compulsory for all employees. Safe and Anonymous Complaint Portals: Digital platforms can help survivors report cases without fear of exposure, especially in a conservative society.Stronger Role for Media and Academia: Local media and universities should initiate open discussions on workplace harassment, breaking the silence that feeds it.
Laws alone do not create justice, enforcement, awareness, and accountability do. In a region like Jammu and Kashmir, where conflict, conservatism, and silence often go hand in hand, the POSH Act can be transformative, but only if it’s taken seriously. We owe it to every working woman in society to ensure that her workplace is not just productive, but safe, respectful, and empowering.
The writer is a law student and the Chief Spokesperson of the Jammu and Kashmir Students Association (JKSA)
Rohool Banka
ro*********@***il.com