Sexual harassment is a workplace menace that transcends gender, yet India’s legal framework focuses on women as victims.
The Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act, 2013 (POSH Act) leaves men and LGBTQ+ individuals vulnerable and unprotected, hence there is a need of gender-neutral laws for harassment at workplace
This bias in the law not only perpetuates stereotypes but also deters men from reporting harassment.
Men Don’t Report Sexual Harassment
Men rarely report instances of sexual harassment, and the reasons are deeply rooted in both legal and societal biases. First, India’s legal framework heavily favors women in harassment cases. A man who reports harassment risks facing a counter-allegation from the accused woman. In such situations, the law often presumes the woman to be the victim, leaving the man vulnerable to arrest without a thorough investigation.
Secondly, societal attitudes make it difficult for men to speak up. Claims of harassment against men are often dismissed as humorous or unimportant. Victims are ridiculed and told to “man up,” further discouraging them from seeking justice. The fear of being mocked or labeled weak forces many male victims to suffer in silence.
The Prevalence of Male Victimization
Contrary to popular belief, sexual harassment against men is not rare. The Indian National Bar Association conducted as survey in year 2016 which revealed that 22% of harassment victims in workplaces were men. Despite this, India’s legal system and workplace policies remain silent on the issue.
Legal Bias That Need Addressing
The POSH Act explicitly identifies only women as victims. The Indian Penal Code, too, fails to address sexual harassment against men. This leaves male victims with little recourse, violating their constitutional right to equality under Article 14.
Gender-neutral laws are the need of the hour. By replacing the word “woman” with “person” in the POSH Act, and adopting inclusive language in the Penal Code, India can ensure justice for all victims of workplace harassment, regardless of gender.
Global Examples
Countries like Australia, Denmark, and the UK have successfully implemented gender-neutral workplace harassment laws. These frameworks prioritize the dignity of individuals over gendered assumptions, offering equal protection to all. India must take a cue from these nations and modernize its laws.
Conclusion
Workplace harassment is not a gendered issue; it is a human rights issue. Men deserve the same protection as women under the law. Until India implements gender-neutral laws, male victims will continue to suffer in silence, perpetuating a cycle of injustice and inequality.
