Open Access Research Article
Long Way To Achieve Equality
Published Paper
Article Details
LONG WAY TO ACHIEVE
EQUALITY
Co-Author- Ms. GUNJAN SANKLECHA
SYMBIOSIS LAW SCHOOL NOIDA
ABSTRACT
The legal
framework pertaining to men's rights in Indian family courts is thoroughly
examined in this paper, with particular attention paid to issues like marital
equality, alimony rules, child custody disputes, and protection against false
accusations. It also examines the POSH Act and the lack of clear legislation in
India that shields males from sexual harassment, contrasting it with
gender-neutral policies in other international contexts such as the US and the
UK. The research explores the difficulties in enacting gender-neutral rules
within the confines of current legislation. Further research emphasizes social
norms and obstacles that lead to the underreporting of incidents of sexual
harassment involving men. Further sexual harassment, research highlights the
difficulties in enacting inclusive rules by contrasting worldwide practices
with India's absence of gender-neutral legislation. The analysis also discusses
cultural barriers and prejudices that contribute to the underreporting of
occurrences of sexual harassment involving men. It promotes the debunking of unfavourable
assumptions and the creation of supportive environments where victims feel
empowered to seek assistance. This study offers a comprehensive overview of
men's rights in Indian family courts and emphasizes the need for gender-neutral
laws to prevent sexual harassment.
KEYWORDS: Workplace harassment,
gender neutrality, sexual harassment, men's rights, and Indian family courts.
INTRODUCTION
Sexual
harassment is a widespread problem that affects people in a variety of contexts
and populations and crosses gender boundaries. Legal frameworks that address
workplace harassment in India, with a primary focus on women's rights
protection, such as the Sexual Harassment of Women at Workplace (Prevention, Prohibition,
and Redressal) Act, 2013 (POSH Act), represent significant advancements in the
field. But the lack of clear legal protections for males highlights the need
for a more inclusive strategy to stop sexual harassment. The legal environment
around men's rights in Indian family courts is examined in this study, along
with the lack of legislation that are gender-neutral and shield males from
sexual harassment. In addition, it examines international viewpoints on gender
neutrality in sexual harassment laws by examining US and UK legal frameworks.
In addition to advocating for gender-inclusive policies to promote safer and
more equal workplaces, this study seeks to offer light on the difficulties
faced by men in seeking justice against sexual harassment by examining case
studies and legislative analysis.
RIGHTS AVAILABLE TO MEN
Men’s
Rights in Indian Family Courts
To create a more
equitable and well-rounded system, family court procedures in India have
experienced substantial changes in dynamics. Though there has been progress,
questions remain about whether men's rights in family court cases are
acknowledged and upheld.[1]
So, the legal nuances surrounding men's rights in Indian family courts are
examined below.
Equality in Marriage
and Divorce: In India, getting married is considered a contract, and getting
divorced signifies the formal end of that relationship. Family laws in India
are guided by the equality principle, which is incorporated in the Constitution
and permits divorce proceedings to be initiated on gender-neutral grounds by
both men and women.
In Rani Nirshimha Sastry Vs. Rani
Suneela Rani[2], the husband was alleged to have committed an
offence under Section 498A of IPC[3] but on trial, the husband was acquitted. So,
this amounted to cruelty by the wife against the husband and the husband was
entitled to decree of a divorce by the court of law.
Alimony
and Maintenance Laws: Although women have historically been the main
beneficiaries of alimony and maintenance, legislative frameworks are changing
to be more inclusive. After a divorce, men are now able to demand maintenance
or alimony from their former partners. Family courts have the authority to
grant maintenance based on the other party's financial necessity and ability to
pay under Sections 125 of the Code of Criminal Procedure[4]
and 25 of the Hindu Marriage Act.[5] An instance of
it is reflected in Bhagyashri v Jagdish[6], a schoolteacher
who was ordered by the Bombay High Court to give her ex-husband, who claimed to
be unemployed, interim maintenance. The court cited Hindu Marriage Act Sections
24 and 25[7] to establish
that the needy spouse has the right to request either temporary or permanent
alimony
Child Custody Battles: The best interests of the child come first in emotional child custody conflicts. Custodial cases are governed under the Guardians and Wards Act and the Hindu Minority and Guardianship Act. Regardless of gender, both parents are entitled to request visiting and custody rights. When making custody decisions, courts take into account several variables, such as emotional and financial soundness. In Selvaraj v Revathi[8], the court observed that granting custody to the Respondent/Mother at this stage would not be in the child's best interest. However, as agreed, the mother will have visitation rights, and she can call the child.
Child Custody Battles: The best interests of the child come first in emotional child custody conflicts. Custodial cases are governed under the Guardians and Wards Act and the Hindu Minority and Guardianship Act. Regardless of gender, both parents are entitled to request visiting and custody rights. When making custody decisions, courts take into account several variables, such as emotional and financial soundness. In Selvaraj v Revathi[8], the court observed that granting custody to the Respondent/Mother at this stage would not be in the child's best interest. However, as agreed, the mother will have visitation rights, and she can call the child.
Protection
Against False Allegations: There might be serious repercussions from false
accusations, such as those involving dowry harassment or domestic abuse. Courts
have the authority to address false allegations made during family court
proceedings under Section 340 of the Code of Criminal Procedure[9].
When faced with such accusations, men may file counterclaims for defamation or
false prosecution and must gather evidence to support their positions.
Fatherhood in Adoption and Guardianship: Traditionally, mother preferences have overshadowed fathers' participation in adoption and guardianship. Nonetheless, legal modifications recognize the importance of a father's role in a child's upbringing. In certain situations, fathers can apply for adoption or guardianship under the Hindu Adoption and Maintenance Act and the Guardians and Wards Act. This reflects the rising acknowledgment of fathers as crucial caregivers.
PROTECTION OF MEN FROM SEXUAL HARASSMENT
Is there any law in India
that protects men from sexual harassment?
Though we know that India
lacks laws to protect men against sexual harassment, this does not mean that
all laws forbid sexual harassment against women. Laws that protect men are-
·
Earlier Section 377 of the IPC[10] criminalizes sodomy without
consent. This law recognizes men as victims of rape. However, under the proposed Bharatiya Nyaya Sanhita,
2023, there is no provision made to protect male victims of sexual
assault. As per the proposed BNS 2023,
the clause of sexual offences, listed in Chapter V, is limited to ‘offences
against woman and children’. Therefore, “rape” under Section 63 of the Sanhita
becomes gendered and it is committed by men against women or children, not any
other way around. As a result, non-minor men have no legal recourse against
forced sexual acts. To date, Indian law does not recognise men as victims
of rape but the IPC at least mentions “carnal intercourse against the order of
nature with any man, woman or animal” as an offence. The only thing that the
proposed Sanhita mentions is “unnatural lust” in two places – under Section 38,
protecting the “right of private defence of the body” and Section 138,
protecting against kidnapping.
·
The Protection of Children from Sexual Offences (POCSO)
Act of 2012 which criminalizes sexual harassment of anyone under the age of 18 is
gender neutral in terms of perpetrator and the victim.
For several reasons, the POCSO
Act's gender-neutral design represents a positive change. Legal systems around
the world, including India's, have traditionally prioritized defending female
victims of sexual offenses over the rights of male victims and victims who
don't conform to traditional gender norms. The POCSO Act provides broad
coverage by recognizing that sexual assaults can affect anybody, regardless of
gender. This is especially important in a culture where male victims of assault
frequently experience additional shame and find it difficult to report the
assault because of social norms associated with strength and masculinity. The
gender-neutral approach of the law guarantees that those who violate it are
held responsible and gives all children a voice.
The Criminal (Amendment) Act
2013, commonly known as the Nirbhaya Act
takes a gender-neutral view towards acts like acid attack and attempt to acid
attack. Anyone regardless of gender can file a complaint under the sections for
Acid Attack and Attempt to Acid Attack. In Surya Sankar
Barik. Vs. The State of West Bengal and others[11]. The state
legal services authority has been ordered by the court to reconsider the
compensation claim of a male acid attack victim in light of the fact that,
notwithstanding his gender, he is entitled to additional compensation for
continued medical treatment and rehabilitation. The victim's employment as a
school teacher should not be a barrier to his eligibility for additional
compensation, the court emphasized. It has been decided that the 3 lakh rupees
minimum compensation that the law requires is insufficient.
·
University Grants Commission
(Prevention, Prohibition and Redressal of Sexual Harassment of Women Employees
and Students in Higher Educational Institutions) Regulations, 2015 – a
sexual harassment prevention law which applies to all colleges, universities
and deemed to be universities- is also gender-neutral.
GENDER NEUTRALITY AND THE
POSH ACT
In many societies, including Indian society, patriarchy has historically
perpetuated discrimination, sexual harassment, and gender bias primarily
against women. This is evident both in personal and professional settings,
where men often hold senior management positions and constitute the majority of
the workforce. Consequently, the protection of women in such environments has
been a priority, leading to the enactment of laws such as the Sexual Harassment
of Women at Workplace (Prevention, Prohibition, and Redressal) Act, 2013 (POSH
Act).[12]
However, contemporary discourse acknowledges the blurring of traditional
gender norms and the increasing acceptance of gender diversity. This evolution
prompts discussions on various aspects of sexual harassment and misconduct,
including the identities of perpetrators and victims. As organizations strive
for gender inclusivity, there is a growing recognition of the need for policies
that transcend binary gender distinctions.
Critics often highlight the perceived gender bias inherent in the POSH Act,
which applies exclusively to cisgender women. This exclusion raises concerns
about the protection of individuals identifying with other genders. As a
result, there is a call for organizations to adopt gender-neutral approaches in
their sexual harassment policies.[13]
While the legal mandate for gender-neutral policies may not be explicitly
defined at present, there is a strong argument for their implementation as a
best practice. Such policies would enable individuals of all genders to report
incidents of sexual harassment without facing discrimination or exclusion.[14] This
proactive approach aligns with principles of equity and inclusivity, fostering
a safer and more respectful workplace environment for all employees.
The Australian Human Rights Commission defines Sexual Harassment as
"an unwelcome sexual advance, unwelcome request for sexual favours or
other unwelcome conduct of a sexual nature which makes a person feel offended,
humiliated and/or intimidated, where a reasonable person would anticipate that
reaction in the circumstances"[15]
The Act also delineates the term "workplace," which encompasses
any location accessed by an employee by virtue of or during their employment,
including transportation arranged by the employer for commuting to and from
work. In the case of Saurabh Kumar Mallick v. Comptroller &
Auditor General of India[16],
three criteria were established to determine the conditions under which a
location would qualify as a workplace for the application of the POSH Act:
proximity to the place of work, management's control over the
location/residence where the working woman resides, and the requirement that
the residence be an extension or contiguous part of the workplace.
The Act applies to companies with more than 10 employees, imposing a
widespread obligation for compliance. Non-compliance with the Act's provisions
carries significant consequences. It mandates annual reporting, compelling
companies to disclose the number of filed and resolved cases, thereby fostering
transparency and accountability. The Act mandates the establishment of a
committee, the Internal Complaints Committee (ICC), to address grievances.[17]
Additionally, it provides for local committees (LCC), wherein district
governments are required to establish committees at the local level to
investigate and respond to complaints of sexual harassment from the unorganized
sector and from establishments lacking an ICC due to having fewer than 10
employees or when the complaint is against the employer.
Sexual harassment represents a significant societal issue affecting
individuals across diverse demographics. It encompasses unwanted sexual
advances, requests for sexual favors, or other verbal or physical behaviors of
a sexual nature that disrupt an individual's work or academic performance or
create an intimidating, hostile, or offensive environment. This phenomenon
transcends gender and setting, manifesting across socio-economic strata and
organizational structures.
The workplace, often regarded as a space promoting professional development
and collaboration, can unfortunately become a fertile ground for harassment.
This underscores the relevance of addressing "sexual harassment at the
workplace," where individuals endure unwelcome sexual attention or
advances within their employment context. Such behavior not only violates an
individual's dignity but also inflicts profound psychological and emotional
repercussions.
According to the framework of Indian legislation, the Sexual Harassment of
Women at Workplace (Prevention, Prohibition, and Redressal) Act, 2013, commonly
known as the POSH Act, serves as a pivotal measure for safeguarding women
against workplace harassment. The legislation mandates the establishment of
Internal Complaints Committees (ICCs) to facilitate the lodging of complaints
and their subsequent resolution. However, despite the laudable strides taken,
men and transgender individuals continue to lack explicit legal provisions for
their protection.
The Preamble of the POSH Act lays down the objective to provide an equally
safe and sound environment for Women at the place of business, trade and
profession under Articles 14 and 15. This is a fundamental right of the women
derived from Article 21 of the Constitution of India. According to Article 21
of the Constitution of India, every individual has a right to life and live
with dignity as a Fundamental Right. POSH ACT is only protecting women from
sexual harassment and applies to women. It is not protecting the rights of Men
against sexual harassment. Whereas the act was incorporated to protect equality
and dignity fundamental rights in society but it is only protecting the rights
of women against sexual harassment.
The Prevention of Sexual Harassment (POSH) Act, introduced in India to
combat workplace harassment and ensure a secure working environment, represents
a significant advancement in safeguarding the rights and dignity of women.
However, a critical aspect often overlooked is the Act's lack of gender
neutrality. While the legislation primarily targets harassment against women,
it inadequately addresses and protects individuals of other gender identities,
notably men and transgender individuals. This narrow perspective not only
disregards the actual experiences of harassment encountered by these groups but
also perpetuates the misconception that harassment is exclusively a concern for
women.[18]
Nevertheless, certain clauses within the Act demonstrate a gender-neutral
approach, suggesting potential avenues for broader inclusivity. For instance,
Section 18 of the Act, which outlines the process for appealing decisions made
by Internal Complaints Committees (ICCs) or Local Complaints Committees (LCCs),
employs the term "any person" eligible to file an appeal. This
implies that individuals of any gender identity can seek recourse through the
appeals process. Moreover, the Act mandates a balanced representation of
genders within each organization's internal complaints committee, requiring the
inclusion of both male and female members. Additionally, the Act establishes
mechanisms to protect whistleblowers, enabling employees of all genders to
report incidents of sexual harassment without fear of retaliation.
In the case of Hiral P. Harsora v. Kusum Narottamdas Harsora[19],
the Supreme Court recognized that the definition of "Respondent" in
Section 2(m) of the POSH Act encompasses individuals of all genders,
acknowledging that both men and women can be perpetrators of sexual harassment.
This acknowledgment extends to situations involving sexual harassment between
women, including instances involving individuals who identify as lesbians. However,
despite these provisions, individuals other than women lack formal recourse
under the POSH Act if they experience sexual advances or harassment in the
workplace. This issue of gender neutrality was addressed in the December 2011
parliamentary standing committee's 239th report on the Bill, which proposed
exploring the feasibility of including provisions to address instances of
workplace sexual harassment involving men.[20]
Moreover, the committee suggested the inclusion of cases of male sexual
harassment in employers' annual reports to gain a more comprehensive
understanding of the prevalence of sexual harassment. Despite these
recommendations, the Standing Committee Report ultimately excluded the gender
neutrality aspect, citing the disproportionate impact of harassment on women.
Surveys conducted by Economic Times-Synovate in 2010 and Viacom 18 in 2013
underscore the prevalence of sexual harassment against men in the workplace,
highlighting the urgent need for broader legal protections.
Similarly, the current law fails to explicitly acknowledge cases of sexual
harassment affecting individuals who identify as Gay, Bisexual, Queer, Asexual,
and other allied individuals who may not identify as heterosexuals. However,
despite the limitations of the law, many companies have adopted gender-neutral
policies to safeguard their employees against sexual harassment.
CHALLENGES
Introducing a gender-neutral Prevention of Sexual Harassment (POSH) policy
within the framework of the Internal Complaints Committee (ICC) presents
legitimate concerns that necessitate careful deliberation during its
formulation. The existing law has vested the ICC with powers akin to a Civil
Court, obligating it to adhere to principles of natural justice. Some
stakeholders argue that adopting a gender-neutral policy may dilute the ICC's
primary focus, which historically has been cantered on addressing sexual
harassment against women, as mandated by the POSH Act.[21]
Expanding the policy's purview to encompass all genders could potentially
introduce complexities in proceedings, resulting in delays in case resolution
and placing strain on the ICC's resources. There is apprehension that such a
policy might overshadow the specific rights and protections afforded to women
under the Act and could be susceptible to misuse for issues unrelated to
gender, leading to unintended consequences. Nevertheless, in addressing these
concerns, it is imperative to maintain a balanced approach.[22] A
well-crafted gender-neutral policy should ensure the preservation of the
progress achieved in safeguarding women's rights while extending protections to
individuals of all genders. Effective measures such as robust training, clear
guidelines, continuous monitoring, and comprehensive awareness initiatives can
collectively help alleviate these concerns, thereby fostering an ICC that is
both effective and inclusive in preventing workplace harassment for all
employees.[23]
GENDER DYNAMICS IN GLOBAL CONTEXT
UNITED KINGDOM
In the United Kingdom, the issue of sexual harassment falls under the
jurisdiction of the Equality Act 2010. This legislation delineates sexual
harassment as any unwelcome behaviour that undermines an individual's dignity
or creates an environment that is intimidating, hostile, degrading,
humiliating, or offensive. Section 26 of the Act specifically proscribes three
categories of harassment concerning the protected characteristic of sex:
Sex-related harassment: This pertains to unwanted conduct associated with
an individual's sex as a protected characteristic. Harassment of a sexual
nature: This involves unwelcome behaviour of a sexual nature. Less favourable
treatment based on an individual's response to sex-related harassment or sexual
harassment, regardless of whether it involves rejection or submission. In
January 2020, the Equality and Human Rights Commission (EHRC) issued technical
guidance on workplace harassment, which forms the basis for a statutory code of
practice. Furthermore, the EHRC has provided guidance on the inappropriate
utilization of Non-Disclosure Agreements (NDAs) or confidentiality clauses in
cases of discrimination.
UNITED STATES
In the United States, workplace sexual harassment is categorized as a form
of sex-based discrimination, rendering such misconduct illegal nationwide.
Federal laws governing sexual harassment in workplaces apply exclusively to
employers with fifteen or more employees.
The Civil Rights Act of 1964 protects both employees and job applicants
from employment discrimination based on factors such as race, color, religion,
sex, and national origin. Title VII, a component of this Act, comprehensively
addresses all aspects of employment decisions, including recruitment,
selection, termination, and conditions of employment.
According to the Code of Federal Regulations, sex-based harassment violates
Section 703 of Title VII. This includes unwelcome sexual advances, requests for
sexual favors, or other verbal or physical behaviors of a sexual nature. The
definition of sexual harassment encompasses instances where submission to such
conduct is made a condition of employment, where submission or rejection
influences employment decisions, or where such conduct unreasonably interferes
with an individual's work performance or creates a hostile work environment.
The U.S. Equal Employment Opportunity Commission clarifies that harassment
can extend beyond sexual harassment to include offensive remarks about a
person's sex. However, isolated incidents or casual comments typically do not
constitute sexual harassment under the law. Harassment becomes unlawful when it
is severe or pervasive enough to create a hostile work environment or results
in adverse employment actions. Employers bear the responsibility to maintain a
zero-tolerance policy towards harassment and must enforce stringent regulations
to prevent and address such incidents effectively.[24]
The Uber sexual harassment case, which emerged in early 2017, exposed a
toxic workplace culture at the ride-sharing company. Former Uber engineer Susan
Fowler detailed her experiences of harassment and discrimination in a blog
post, revealing a systemic failure to address employee complaints adequately. In
response, Uber commissioned an independent investigation by the law firm
Covington & Burling, resulting in the "Covington
Recommendations." These findings highlighted inadequate HR procedures,
cultural issues inhibiting reporting, and deficiencies in diversity and
inclusion efforts within Uber.[25]
The recommendations emphasized the need for Uber to strengthen HR
practices, reform company culture to promote respect and inclusion, hold
leadership accountable, and implement diversity and inclusion initiatives. Uber's
subsequent actions, including executive changes and cultural reforms,
illustrate how allegations of harassment can precipitate organizational
transformations and underscore the imperative of fostering respectful and
inclusive workplaces.
REASONS FOR UNDEREPORTING OF CASES
Stereotypes
of masculinity that have been instilled in society are closely linked to the
stigma associated with male experiences of sexual harassment. Boys are
conditioned from an early age to think of themselves as tough, resilient, and
emotionally immune. Because of this, males frequently experience intense
pressure to live up to these ideals when they encounter sexual harassment or
hostile work circumstances. Phrases like "man up" and "act like
a man" serve to further solidify these standards by suggesting that
showing emotion or asking for help is in some way weak or unmanly. Men who have
been sexually harassed may thus be afraid to speak up for fear of being laughed
at or ignored, which can result in feelings of guilt and loneliness.
Furthermore, the assumption that males should always be in charge and capable
of handling any issue on their own is perpetuated by the concept of toxic
masculinity. In addition to keeping men from getting assistance, this poisonous
narrative also makes it harder for men to feel empathy and compassion for other
guys who are experiencing sexual harassment. Essentially, cultural standards of
masculinity are at the core of the social stigma and shame that surround male
experiences of sexual harassment. To break down these barriers, negative
stereotypes must be dispelled, candid communication be encouraged, and safe
spaces be established where victims feel empowered to ask for support.
Stereotypes
in society that frequently minimize or ignore the experiences of male victims
of sexual harassment are the main cause of the lack of awareness regarding
these victims. Many people think that women are the primary victims of sexual
harassment and that neither males nor women can be the harassers. Because they
worry that their experiences won't be taken seriously, male victims may
distrust their own and be reluctant to report them. Despite these myths, new
information is challenging these presumptions, as evidenced by surveys like the
one the Economic Times conducted.
The
research indicates that a noteworthy proportion of participants revealed having
experienced harassment from their female coworkers, underscoring the
pervasiveness of harassment conducted by women. It is imperative to increase
knowledge and comprehension of sexual harassment as a problem that is
gender-neutral in order to successfully address this issue. We can foster a
more encouraging atmosphere where victims feel empowered to come forward and
ask for assistance by recognizing and supporting the experiences of all
victims, regardless of gender.
In
conclusion, a complex interaction between statutory requirements, changing
gender dynamics, and society norms is reflected in the legal frameworks
protecting men's rights in Indian family courts and safeguards against sexual
harassment. Even while India's family laws have made progress toward gender
equality, there are still gaps when it comes to protecting men's rights after
divorce, alimony rules, child custody disputes, and protection from false
accusations. Furthermore, the lack of specific legislation shielding males from
sexual harassment emphasizes how important it is to implement gender-neutral
rules in order to preserve everyone's safety and dignity at work. This research
highlights the need for comprehensive legislative reforms and cultural shifts
to demolish stereotypes and foster inclusive environments where victims of
sexual harassment, regardless of gender identity, feel empowered to seek
support and justice. It does this by drawing insights from global perspectives,
particularly those of the United Kingdom and the United States. In order to
create fair and courteous workplaces for all, this study will advocate for
gender-inclusive policies and raise awareness of male experiences of sexual
harassment.
[1] Sahodar, ‘Know Your Rights: A
Simple Guide to Men’s Rights in Indian Family Courts’ (Sahodar, 8 January 2024)
<https://sahodar.in/know-your-rights-a-simple-guide-to-mens-rights-in-indian-family-courts/>
accessed 15 March 2024
[2] ‘Rani Narasimha Sastry v. Rani
Suneela Rani’ (Supreme Court Cases, 23 November 2021) <https://www.supremecourtcases.com/rani-narasimha-sastry-v-rani-suneela-rani-2/>
accessed 15 March 2024
[3] 1860 (India Penal Code) s 498A.
[4] 1973 (Code of Criminal Procedure)
s 125.
[5] Hindu Marriage Act 1955 s 25.
[6] Bhagyashri
v Jagdish AIR 2022 Bom 116
[7] Hindu Marriage Act 1955 s 24.
[8] Selvaraj v. Revathi, 2023 SCC OnLine SC 1644
[9] 1973 (Code of Criminal Procedure)
s 340.
[10] 1860 (India Penal Code) s 377.
[13] Datta M, ‘Spotlight On
Implementation And Enforcement Of POSH Law’ (8 March 2024)
<https://www.livelaw.in/law-firms/law-firm-articles-/posh-law-sexual-harassment-lgbtq-bharatiya-nyaya-sanhita-2023-kochhar-co-251616>
accessed 15 March 2024
[14] Patel C, ‘Revisiting POSH Act to
Make It Equitable for All Persons’ The Times of India
<https://timesofindia.indiatimes.com/blogs/voices/revisiting-posh-act-to-make-it-equitable-for-all-persons/>
accessed 15 March 2024
[15] ‘Resources on Positive Duty’ (8
August 2023)
<https://humanrights.gov.au/our-work/sex-discrimination/projects/positive-duty-under-sex-discrimination-act>
accessed 15 March 2024
[17] Munjal D, ‘Explained | What Is the
PoSH Act and Why Has the Supreme Court Flagged Lapses in Its Implementation?’
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accessed 15 March 2024
[18] Kapoor AS, ‘POSH Act?: Discussing
Gender Neutrality, Transgender Rights & Inclusion Of LGBTQ’ (6 June 2020) <https://www.livelaw.in/columns/posh-act-discussing-gender-neutrality-transgender-rights-inclusion-of-lgbtq-157906>
accessed 15 March 2024
[20] livelaw, ‘Read All Latest Updates
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<https://www.livelaw.in/tags/hiral-p-harsora-and-ors-vs.-kusum-narottamdas-harsora-amp-ors>
accessed 15 March 2024
[21] Holland, Kathryn & Rabelo,
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[22] Froger-Michon CFLA-C and Bénistan
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<https://www.lexology.com/library/detail.aspx?g=73c6f229-97bc-488d-8c3c-dfd630b3b8b8>
accessed 15 March 2024
[23] Datta M, ‘Spotlight On Implementation
And Enforcement Of POSH Law’ (8 March 2024)
<https://www.livelaw.in/law-firms/law-firm-articles-/posh-law-sexual-harassment-lgbtq-bharatiya-nyaya-sanhita-2023-kochhar-co-251616>
accessed 15 March 2024
[24] Raj A, Johns NE and Jose R,
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[25] ‘Addressing Sexual Harassment |
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Article Information
Long Way To Achieve Equality
Authors: Ms. JIYA SAHANI, Ms. GUNJAN SANKLECHA
- Journal IJLRA
- ISSN 2582-6433
- Published 2024/06/26
- Issue 7
About Journal
International Journal for Legal Research and Analysis
- Abbreviation IJLRA
- ISSN 2582-6433
- Access Open Access
- License CC 4.0
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