Is the POSH Act Applicable to Men in India?
Is the POSH Act Applicable to Men in India?
Is the POSH Act Applicable to Men in India? The POSH Act, formally known as the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, was enacted to address and prevent sexual harassment against women in the workplace. But a frequently raised and controversial question is: Does the POSH Act apply to men in India? Here’s a detailed look at the legal position and the larger discourse around it.
What is the POSH Act?
The POSH Act came into force on December 9, 2013, following the landmark judgment in the Vishaka v. State of Rajasthan case (1997), where the Supreme Court laid down guidelines to address workplace sexual harassment in the absence of any statutory law. The Act defines sexual harassment, mandates Internal Committees in workplaces, and provides a mechanism for redressal.
Who Is Protected Under the POSH Act?
Section 2(a) of the Act explicitly defines the term “aggrieved woman” as:
“…in relation to a workplace, a woman, of any age whether employed or not, who alleges to have been subjected to any act of sexual harassment by the respondent.“
This definition makes it crystal clear that the Act is gender-specific and applies only to women. Men, transgender individuals, or non-binary persons are not covered under this legislation, either as complainants or “aggrieved parties.”
Can Men File a POSH Complaint?
No, men cannot file a complaint under the POSH Act, as they do not qualify as “aggrieved women” under the statute. Even if a man experiences sexual harassment at the workplace, he cannot seek recourse under this law.
However, a man can be a respondent, meaning that a complaint can be made against him if he is alleged to have sexually harassed a woman at the workplace.
Is There Any Law Protecting Men from Workplace Sexual Harassment?
Currently, there is no specific legislation in India addressing workplace sexual harassment against men. Men may attempt to seek remedies under:
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Bhartiya Nyay Sanhita (BNS) sections – although most are gender-specific and protect women.
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Tort law – for filing civil suits based on emotional distress or reputation damage.
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Company policies – where some progressive organizations have gender-neutral sexual harassment policies outside the POSH framework.
Still, these remedies lack the structured redressal mechanism that the POSH Act provides for women.
Demands for Gender-Neutral Laws
There is a growing call among legal experts, activists, and men’s rights organizations for gender-neutral workplace harassment laws. The current legal framework is seen by many as unequal and outdated, given the increasing awareness that men, transgender, and non-binary persons can also face harassment.
The Justice Verma Committee (2013), which laid the groundwork for the POSH Act, had recommended a gender-neutral approach, but the legislature chose otherwise.
Conclusion
Is the POSH Act Applicable to Men in India? To answer the question: No, the POSH Act is not applicable to men in India—either as complainants or as persons protected under the Act. It is exclusively meant to address sexual harassment faced by women in the workplace. While men can be named as respondents under this law, they cannot use it for their protection.
As workplaces evolve and the discourse around gender broadens, there is a pressing need for comprehensive, inclusive laws that protect all individuals, irrespective of gender, from sexual harassment at the workplace.
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