"Silent Suffering: Why Sexual Harassment Goes Unreported In The Workplace."

INTRODUCTION

Sexual harassment in the workplace is now finally receiving its due attention in India. The passing of the landmark Law entitled Sexual Harassment at Workplace (Prevention, Prohibition and Redressal) Act, 2013, popularly known as the POSH Act, was a milestone in safer workplaces. What lies beneath all reported cases and disclosures by corporate entities is a situation of deep-rooted problems such as underreporting and fear of retaliation. The victims choose to remain silent not because of the triviality of the problem but owing to the daunting barriers in reporting and the real, justifiable fear of retaliation. The statutory protection notwithstanding, a fair number of sexual harassment cases are not reported, with data available highlighting the barriers that persist along with shows that are indicative of strengths and weaknesses of the POSH Act in fighting against such barriers.

UNDERSTANDING THE POSH ACT: A QUICK OVERVIEW

Before facing the core issue, let us make a quick foray into the POSH Act and the matter it disciplines. An Act to prevent sexual harassment against women at workplaces with regard to a distinction between prevention, prohibition, and redressal of such sort of behaviour, POSH Act, 2013, aims to provide a safe and secure working environment for women. The Act practically gave an all-encompassing definition of sexual harassment ranging from unwelcome physical contact, advances, requests for sexual favours, sexually coloured remarks, showing pornographic material, and other unwelcome acts of physical, verbal, or non-verbal conduct of the sexual kind.

The POSH Act applies to all workplaces in India—government, private, NGOs, educational institutions, to name a few. The Act provides for the constitution of an Internal Complaints Committee (ICC) in every workplace with ten or more employees. Where there are less than ten employees in an organization or where the complaint is against the employer or management itself, the Local Complaints Committee (LCC) is constituted at the district level. Furthermore, the Act lays down strict guidelines when it comes to the manner in which the complaint is to be made, the time within which the inquiry has to be completed, and the time period within which penalty has to be imposed in case of noncompliance of the Act by the respondents.

THE REALITY BEHIND THE NUMBERS: UNDERREPORTING PERSISTS

The POSH Act was originally drafted with the stated goal of ensuring safe working environment inclusivity for women. However, its impact has generally fallen far short of this most laudable objective. In spite of a legal framework, the actual workplace harassment scenario remains widespread and is on the rise; 43% of Indian women report harassment or microaggressions at work, and nearly half worry about their safety either at work or while commuting, according to Delloitte's 2024 report, Women @ Work.

The latest data from the Udaiti Foundation records a 29% increase in POSH complaints registered by NSE-listed companies-from 1,807 cases in 2022-23 to 2,325 in 2023-24. Even more disturbing is the 67 percent increase in the cases that remain unresolved, leaving justice a distant dream for several victims. The most number of cases are reported in the services sector, including hospitality, retail, and IT, followed by construction, metals, and mining-where organizations are mostly male-dominated and aren't able to carve out safe spaces for women.

Another big problem is that many companies do not adhere even to the very basic requirements of the POSH Act. For example, 59% of companies surveyed do not even have an Internal Complaints Committee (ICC) formed to deal with complaints.

THE SHADOW OF UNDERREPORTING: WHY SO MANY REMAIN SILENT

1. Fear of Retaliation

This might be the greatest of all of the reasons why individuals don't speak up. Retaliation can be subtle—dismissal, demotion, reassignment to a less desirable position, or socially ostracizing at the workplace. The backlash sometimes occurs in a more subtle guise: exclusion from meetings, being ignored by colleagues, or receiving an abrupt change in poor performance appraisals. The fear isn't unreasonable. Research and real cases show that victims of harassment who complain are likely to be punished, not the harasser.

Consider, for instance, Ritu's (changed name) case. She worked with a medium-sized firm in Delhi. When she protested her supervisor for offensive comments and unwelcome advances, her workload began to decrease, her colleagues stopped inviting her out for team lunches, and her annual review was marked "below average." She became so ostracized that she quit. Stories like Ritu's are too frequent, and they send a frightening message to others: "Don't rock the boat."

2. Inadequacy of Trust in the System

Most of the employees do not believe in the complaint system of their company. They fear that their complaint will be ignored or, in worst-case scenarios, hushed up to save the company's image. In certain companies, the ICC is a paper tiger. The members might not be trained, or the committee turns pro-management. If people see that previous complaints have yielded nothing, they would be less inclined to complain themselves.

3. Social Stigma and Shame

Let's be realistic: sexual harassment remains taboo in India. Victims feel ashamed or guilty of what has occurred. They fear what their family, friends, or co-workers will say. Will everybody tell her that she "asked for it"? Will her reputation be ruined? This stigma becomes particularly intense in small towns or conservative societies, where a woman's "character" is particularly subject to question.

4. Power imbalance

Harassers are more likely to be in positions of authority—bosses, senior co-workers, or employers. When the harasser holds your salary, your promotion, or your recommendations hostage, it is impossible to complain. The threat of damaging one's career or facing professional destruction silences many victims.

5. Emotional Toll

Re-enactment of the traumatic event in an investigation is hard. It takes time, is emotionally exhausting, and is intrusive. Victims can be forced to tell hurtful details repeatedly, be cross-questioned, and see incredulity from other people. The majority would not risk experiencing this.

6. Lack of Awareness

They themselves are often unaware that what they are going through is sexual harassment legally. They might consider it "just kidding around" or "doing the job." Ignorance is most prevalent among youth workers or those employed in the informal sector.

THE GAPS IN IMPLEMENTATION

Though the POSH Act has made a remarkable difference, its implementation is still patchy, particularly in the corporate world. Few organizations ever omit providing periodic training or awareness programs. Some do not form ICCs or make only partial formation as per the Act. Even large corporations only follow compliance in terms of annual disclosures and not in providing actually safe and congenial workplaces.

Redressal of grievances is a cause for worry. During 2022-23, only 869 out of 1,160 reported cases were disposed off, while almost a quarter of complaints were pending beyond the required 90-day period. Delay in disposal dissuades victims from reporting, particularly if they witness others waiting months or years to obtain justice

HOW THE POSH ACT ADDRESSES THESE CHALLENGES

The POSH Act includes several provisions aimed at encouraging reporting and protecting complainants:

a. Confidentiality (Section 16):

The Act ensures confidentiality up to the level of witness, respondent, and complainant identity, and content of the complaint and the proceedings.
Any one of the parties is liable for breach of confidentiality, and organizations have to implement proactive measures to avoid leaks of information

b. Interim Relief (Section 12):

Upon investigation, the Internal Complaints Committee (ICC) or Local Committee (LC) can suggest interim relief for the safety and protection of the aggrieved woman, such as:
- Transfer of the respondent or the complainant
- Grant of leave (not exceeding three months)
- Any other relief as considered necessary to ensure her safety and well-being
This relief is intended to prevent further injury or retaliation during inquiry

c. Duties of employer (section 19):

Section 19 of the POSH Act requires employers to ensure a safe and harassment-free workplace by organizing awareness programs, supporting complainants, and treating sexual harassment as misconduct. By fulfilling these duties, employers are expected to create an environment where employees can report harassment without fear of retaliation. Non-compliance can lead to legal and reputational consequences for the employer

d. Mandatory Training and Awareness

Employers must create awareness of women's rights and the guidelines by prominently notifying and discussing them in the workplace (Vishakha guidelines)

CASE STUDY: R.G KAR MEDICAL COLLEGE

The August 2024 brutal rape and killing of a trainee doctor at R.G. Kar Medical College in Kolkata exposed naked failures in workplace safety and the efficacy of the POSH Act. Even where the Act requires Internal Complaints Committees (ICCs) in firms that have more than ten employees, the ICC at R.G. Kar Medical College was not working properly and was mis constituted, comprising top management and their relatives—contrary to POSH guidelines of neutrality and autonomy.

This case is representative of a larger truth: for all that the National Crime Records Bureau (NCRB) has recorded almost 400 incidents of sexual harassment in the workplace every year from 2018–2022, the number is legally insignificant in comparison to the 85 daily rapes reported from India. It underreports because harassment is less overt, there being no proof, and not being seriously considered by the authorities, and hence most of these being unreported as well as unsolved.

Besides, the ICC at R.G. Kar Medical College did not have real powers and authority to run the institution and couldn't assist the victims, usually getting intimidated into collaborating with their accused harassers until a complaint was settled. The college dismissed some staff members involved in harassment and other misconduct after the incident but were taken after the crisis and not as a measure of prevention.

Weaknesses of the POSH Act, as shown by this case, are:

Antiquated Definition of Workplace: The Act definition does not explicitly address new patterns of work such as freelancing or home working, leading to ambiguity in implementation.
Frustrating ICCs: Most institutions do not create ICCs or appointments to them of non-trained or biased members, thereby compromising the complaint process.
Deficit of Criminal Liability: The Act is founded on civil solutions (transfers, fines, dismissal, or apologies) and does not criminalize sexual harassment under the criminal law and connect with criminal law sections for serious offenses like rape.
Insufficient Compliance with Safety Mechanisms: Organizations are likely to neglect vital safety mechanisms for women and intervene only on major incidents.

Aureliano Fernandes v. State of Goa & Others (2023)

The Supreme Court set aside an ex parte inquiry conducted in haste by an Internal Committee, emphasizing the need for procedural fairness and natural justice. The Court ordered a fresh inquiry, reinforcing the importance of a fair hearing for the accused and proper constitution of the committee.

BREAKING THE CYCLE: WHAT CAN BE DONE?

Amending the definition of "workplace" to encompass all contemporary types of work.
Providing ICCs proper constitutions, training, and autonomy.
Criminalizing core crimes and incorporating POSH provision into the criminal law system.
Creating enforcement agencies to monitor compliance and periodic auditing.
Maintaining it prevention-focused, rather than redressal, with better safety measures and awareness.
Enforce Strictly- Legislation such as the POSH Act is of value only if enforced. Regular audits, penalizing defaults harshly, and making public complaint statistics available can discourage organizations from taking a lax approach.
Create a Supportive Environment- Organizations need to do more than comply and build constructively a culture in which victims of sexual harassment feel comfortable reporting complaints. This includes:
- Zero-tolerance for sexual harassment and retaliation
- Leadership commitment to gender respect and equality
- Encouraging bystander intervention
Consolidating Reporting Mechanisms- Anonymous reporting systems, open procedures, and trained committee members to accept such complaints can consolidate confidence in the system. Regular feedback and update on the process can also enhance trust.
Addressing Economic Insecurity- Social welfare schemes like unemployment insurance can be increased to make the cost of retaliatory dismissal lower, thereby making victims more willing to report harassment.

CONCLUSION

POSH Act has acted as a change agent, but a long way is yet to be covered. Fear of retaliation and underreporting continue to be main barriers to justice for victims of work place sexual harassment. Genuine progress will demand not only legal adherence but also a cultural shift towards transparency, compassion, and accountability.

As more and more women join the workforce and awareness grows, hope is that silence about sexual harassment will eventually be broken. Companies need to get beyond box-ticking exercises and produce a culture where everyone feels safe, respected, and able to speak out. This is the only way that the full potential of the POSH Act will be achieved—a workplace where respect and equality are not ideals, but the norm of every working day.

REFERENCES

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"Silent Suffering: Why Sexual Harassment Goes Unreported In The Workplace."

Contributor

Employment and HR

Contributor

India