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Trending: Call for Papers Volume 5 | Issue 4: International Journal of Advanced Legal Research [ISSN: 2582-7340]

JUDICIAL INTERPRETATION AND IMPLEMENTATION OF THE POSH ACT: A RESEARCH ANALYSIS – Moksh Bhatnagar & Dr. Kratika Gupta

ABSTRACT

This comprehensive research paper examines the evolution, application, and institutional implementation of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (PoSH Act) in India through the lens of judicial interpretation and committee functioning. The analysis explores how the Supreme Court has progressively expanded the substantive scope of sexual harassment definitions while establishing crucial procedural safeguards, alongside High Court decisions that have further shaped the legal framework regarding workplace definition, committee requirements, and service law interfaces. Beyond doctrinal analysis, this research investigates the practical functioning of Internal and Local Committees, identifying structural challenges in independence, decision-making consistency, and confidentiality management, while highlighting significant regional variations, resource constraints, and coordination challenges that disproportionately impact vulnerable populations in the unorganized sector. The paper concludes by examining the evolving remedial jurisprudence in compensation approaches, employment restoration, and employer liability determinations, revealing both the transformative potential of judicial interpretation and the persistent gaps between legal mandates and institutional performance that must be addressed to fully realize the Act’s protective purpose across all employment sectors in India.