Description

Laws, Justice and Rights for Women in the Modern Era
Editor: Prof. Dr. Yogesh Kumar Gupta, Ishan Ahmad and Premananda Murmu
Published by Universal Academic Books Publishers and Distributors,
New Delhi (India)
ISBN: 978-81-686113-5-1, 2026

Chapter 25

Trust or Exploitation: Unpacking the Misuse of Sexual Harassment Processes

Vertika Sharma
Research Scholars (Law), ICFAI University, Dehradun

1. INTRODUCTION

Sexual harassment at the workplace constitutes a grave violation of the fundamental right to life with dignity guaranteed under Article 21 of the Constitution of India. Recognising the structural inequalities faced by women in professional spaces, the Indian legal system has progressively developed mechanisms to prevent and redress sexual harassment. The landmark judgment in Vishaka v. State of Rajasthan laid the foundation for a rights-based framework, culminating in the enactment of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (hereinafter “POSH Act”).

While the POSH Act represents a significant step toward gender justice, its implementation has also given rise to a contentious debate surrounding the alleged misuse of sexual harassment complaints. Employers, judicial forums, and commentators have increasingly raised concerns that the protective framework, founded on trust and sensitivity, may in certain instances be exploited for collateral or malicious purposes. This chapter critically examines this tension between trust and exploitation, analysing whether the discourse on misuse undermines the core objective of protecting women’s dignity or whether it reveals genuine procedural vulnerabilities requiring reform.

The chapter seeks to unpack the notion of misuse without diluting the seriousness of sexual harassment. It argues that while isolated instances of abuse of process may exist, the overarching narrative of misuse must be approached with caution, lest it delegitimise genuine grievances and reinforce patriarchal scepticisms toward women complainants.