Decoding Workplace Wellbeing: Institutional Gaps and the Ongoing Fight for Women’s Workplace Safety

Trigger Warning: This article talks about sexual assault and harassment at the workplace which may be distressing to some readers.

1973: Junior nurse at a Mumbai hospital, Aruna Shaunbaug was brutally raped and assaulted at her workplace which left her in a vegetative state for 41 years till her death in 2015

1992: Bhanwari Devi, an OBC social worker, was gangraped by upper caste men when she tried to stop the wedding of a 9-month old baby

1997: Visakha guidelines to ensure workplace safety for women were put in force by the Supreme Court following the Bhanwari Devi case

2013:  Sexual Harassment of Women at the Workplace (Prevention, Prohibition and Redressal) Act, also known as the POSH Act, came into effect on the basis of the 1997 Visakha Guidelines

2024: Brutal rape and murder of a doctor reported from Kolkata’s RG Kar Medical College and Hospital

Almost 50 years since Aruna, 30 years since Bhanwari Devi but despite these laws and policies, why is the institutional safety of women still a matter of concern? Is this a failure on the part of organisations in its implementation or does the law itself fall short in addressing women’s safety at workplaces?

We spoke to Prerna G Chatterjee, POSH Consultant and Advisor, Priya Varadarajan, Founder and Chief Imagination Officer, Durga and Pallavi Sobti-Rajpal, Joint CEO, Utthan for their insights on why women’s safety continues to be a matter of concern and the effectiveness of laws like the POSH Act, 2013 in ensuring the same. 

Given the recent cases, how do you perceive the current state of women's safety at workplaces in India?

Prerna: Despite significant progress over the past decade, women's safety at workplaces in India remains a pressing concern. The enactment of the POSH Act in 2013 and increased awareness around sexual harassment have undoubtedly brought positive changes. However, recent incidents like those in Kolkata and Badlapur, along with reports such as the Hema Committee's findings on harassment in the Malayalam-language film industry, reveal the deep-rooted challenges that persist. While urban workplaces in India have made strides in ensuring safer environments, many sectors, particularly in tier-2 and tier-3 cities, continue to grapple with enforcement and cultural barriers. The gap between policy and practice is still substantial, with POSH workshops often being reduced to a "tick-the-box" exercise in many organisations. Furthermore, respondents are frequently men in positions of power, who are sometimes protected by their organisations, making it difficult to hold them accountable.

Priya: Before addressing this question directly, it's important to take a step back and examine how patriarchy has shaped the roles of women. Women's roles have been disproportionately confined to domestic spheres, with limited presence in public spaces, including the workplace. The notion that women do not belong in public domains, such as workspaces, is deeply rooted in patriarchal constructs.

Whether or not there have been recent cases, women's safety in workspaces has historically been inadequate. It was the workplace assault on Bhanwari Devi that led to the establishment of the Vishakha Guidelines and, eventually, the POSH Act. To address this issue, I want to divide my response into two categories: Informal and Formal Workspaces.

Informal Workspaces

Through Durga, we work extensively with women in the informal sector, where the majority of women in India who work outside the home are employed. These women live on a double-edged sword on fire, facing violence at home, in public spaces, and at work, often reporting to male supervisors. Many of them are unaware of how to address sexism in the workplace. Internalised patriarchy often prevents them from even recognising inappropriate behaviour. Their only avenues for redress are the police and the Local Complaints Committee (LC). However, we are well aware of the limitations of the police, and until recently, the LC Head in Bangalore was a man. What kind of access to justice do these women truly have?

Formal Workspaces

This environment presents a different challenge, as the sexism, misogyny, and violence here are often so subtle and sophisticated that they are difficult to identify. In our extensive work on POSH-related issues in corporate settings, we encounter some of the most absurd statements, such as:

"We have no issues of sexual harassment in our office because all cabins have glass doors."

"Please don't focus your sessions only on women; we don't want the men to feel targeted."

“We make sure to maintain clear divisions between men and women to prevent them from forming relationships."

It's crucial to consider how we define safety. Is it limited to instances of sexual violation, or does it also encompass everything that makes women feel uncomfortable, insecure, and unequipped to work, lead, and grow in their careers?

Pallavi: In its recent judgment in Aureliano Fernandes Vs. State of Goa and Others(Civil Appeal No. 2482 of 2014), the Supreme Court of India (“Supreme Court”) observed that even after a decade of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (“POSH Act”) being formulated, its implementation and enforcement is still inadequate. 

While the 2013 legislation provides a legal framework for safety at the workplace, its implementation is far from what is required. A statement such as this one will be met with data indicating increased reporting of  sexual harassment, which is true. It is great that many women are coming out.  But let us take a pause to picture a working woman in India. Along with the IT professional or banker do we see the agricultural labourer, construction worker, domestic worker, diamond polishing worker, anganwadi worker, block government officer? If we gain the consciousness of the working woman image  and reflect, we would deduce that the registered cases and the sectors they are from are not even the tip of the iceberg.  95 percent of the country’s female workforce are employed in the informal sector and are still not able to really benefit from the landmark 2013 legislation. 

“We, Pagadiyas do not have adequate fish catch. The pollution in the ocean and catch by bigger trawlers has impacted the fish catch closer to the shore. Our livelihoods are adversely impacted. Men have taken to drinking - our village has a large number of single women (widowed). We want some livelihood alternatives in our village but we don’t want to send our daughters for daily wage work either as there is a lot of harassment in the small industrial units.”  – From Pallavi’s recent conversation with women’s federation members in a coastal village of Bhavnagar, Gujarat.

The journey from 2013 has been a long one. With our collective commitment to equality and freedom in our Constitution, to a ViksitBharat and to the 2030 agenda, we need to first accept that while we have walked some part of the journey, there is still a long way to go. Unless we take cognizance of the long road ahead we will not be able to act/solve for change.  

What do you believe are the most effective measures that organisations can take to ensure a safe working environment for women?

Prerna: Creating a genuinely safe working environment for women goes beyond conducting annual POSH workshops; it demands sustained commitment from the leadership. While training sessions are vital for raising awareness, they are not sufficient on their own. Leadership must be deeply invested in fostering a culture of respect and zero tolerance for harassment, setting the tone for the entire organisation. Senior management plays a crucial role in demonstrating that women’s safety is a top priority by championing robust policies, ensuring swift and fair action against violations, and embedding a culture of inclusivity and accountability. Their active involvement signals to every employee that the organisation is serious about protecting its women, making the workplace genuinely safe and supportive.

Priya: There are just so many. Some will include:

• Intent – to keep their workspaces good for everyone and not just follow POSH Laws as compliance.
• Have a robust POSH Policy and set up the IC and equip them well, with the powers and knowledge
• Loud messaging and action on. Zero Tolerance to inappropriate behaviour
• Sensitivity building among everyone in the team and having a culture of respect across the organisation
• Having open conversations on behaviour, consent so everyone understands these things
• Positive culture of working between men, women and everyone across the spectrum, so that there is no element of curiosity that leads to sexism etc

Pallavi: The two key crucial measures:

1. Leadership Commitment: Leaders at all levels—from national to local, across organised and unorganised sectors—must demonstrate zero tolerance for such incidents. Rather than treating POSH as a matter of compliance, it should be seen as an opportunity of ensuring dignity for one’s employees. Leaders should be unapologetic about enforcing actions and should actually see it as a marker of good reputation.
2. Trust and Accessibility: Leaders must ensure that their organisations have clear, accessible, and safe processes for reporting cases. Building trust across all genders in these processes is essential for a culture of accountability.

How do you see the role of POSH (Prevention of Sexual Harassment) policies in protecting women, and what improvements, if any, do you think are necessary?

Prerna: POSH policies are a critical tool for protecting women in the workplace, particularly in India, where legal frameworks are essential in driving change. However, as I mentioned above, conducting a POSH workshop once a year will not lead to creating safe workplaces. A lot more work is required, such as:

• Regular, surprise audits by independent bodies can ensure that organisations are truly adhering to POSH guidelines and not just treating compliance as a checkbox exercise.
• While many large companies in cities like Mumbai, Delhi, and Bengaluru have implemented POSH policies effectively, smaller businesses in tier-2 and tier-3 cities often lag. Awareness campaigns need to penetrate these areas to ensure broader coverage.
• A significant portion of India’s female workforce is employed in the informal sector, which often lacks formal POSH mechanisms. Extending protections and creating grievance redressal systems for these workers is essential.

Priya: The POSH Policy is extremely well thought-through and very important for women to feel confident and comfortable in the workspace. It is perhaps the single largest feminist frame that exists for us to use as a tool against workspace sexism and sexual harassment. There are a few aspects of this law that are not clear though:

• It only speaks about women and not about people of gender identities that further marginalises them
• The law is very clear for formal workspaces but most women in India work in informal workspaces and this aspect is not clear for prevention, prohibition or redressal
• The gig economy and aggregators are not covered very well here. Hence, an Uber will not act on their driver partners because they are not employed
• There could be more awareness building even to LC, police and corporates or employers on how they are to work with the law and assure justice
• Power continues to play out in corporates which are custodians of patriarchy anyway. Impunity for leadership is to be fully removed through the structures
• As long as victim blaming, slut shaming exist, women will not access these laws. There are innumerable instances when women who have filed POSH cases have never been re-hired!
• The law does not bring out intersectionality well. For eg women with disabilities are not called out separately for the more nuanced issues they face with far more vulnerability

Pallavi: The herculean task is to implement what is legislated and clear pendency with urgency and determination across all sectors. From the lens of Utthan’s work with marginalised women in rural India, there is a need for intensive implementation coupled with awareness and strong monitoring. This  will still bring out challenges and nuances, which will then require redressal by the law. 

Despite the POSH Act and so much awareness around it, why are women still unsafe according to you?

Prerna: Despite the implementation of the POSH Act and growing awareness, women's safety at workplaces continues to be compromised due to several deeply entrenched issues. A pervasive patriarchal mindset remains at the forefront, influencing how harassment is perceived and addressed. This mindset often trivialises women’s experiences, viewing harassment as a minor issue or, worse, blaming the victim. Such attitudes lead to a reluctance to take complaints seriously, creating an environment where harassment can persist unchecked.

Additionally, the lack of political will to enforce these laws consistently across all sectors exacerbates the problem. While compliance might be more rigorous in urban organisations, many smaller or rural workplaces fail to implement these policies effectively. This inconsistent enforcement leaves many women, especially those in informal sectors, unprotected.

Infrastructural inadequacies also contribute to unsafe conditions. Poorly lit streets, unreliable public transportation, and the lack of safe accommodations, particularly in remote or industrial areas, increase the vulnerability of women to harassment and assault. These infrastructural gaps force women to navigate unsafe environments as part of their daily lives.

Moreover, the lengthy and delayed legal processes further discourage women from reporting incidents. The legal system in India can be overwhelming, with cases dragging on for years, leaving victims feeling helpless and disillusioned. The fear of retaliation, coupled with the uncertainty of justice, often leads to underreporting, allowing perpetrators to go unpunished.

Priya: 

• There is POSH, but it's not true that there is a lot of awareness around it. Most people continue to stay clueless.
• Internalised Patriarchy that provides impunity to men is a core reason. Most people still believe that women don’t belong in workspaces
• Not having enough women leaders, leading organisations and departments, is a big reason that people don’t see us as power holders.
• Loopholes in the law that I covered earlier

Pallavi: 

• There is a huge social stigma attached to reporting such incidents. This is coupled with lack of trust in the process in case a woman chooses to report. Normalisation of inappropriate behaviour, humour around the subject etc. are deterrents too. 
• Fear of losing work, being treated in an unfair manner lead women to continue tolerating violence vis a vis the opportunity cost of income loss.
• Organisations or workplaces across sectors are merely looking at it as a compliance matter with minimal efforts in gender sensitisation, positive discrimination in opportunities for growth or  conscious efforts to ensure equity in leadership positions.  

What are the unique challenges and risks that women in the social impact sector might face regarding safety, and how can these be addressed?

Prerna: Women working in the social impact and development sector in India encounter a unique set of challenges and risks due to the often complex and sensitive nature of their work, which frequently takes them to remote and underserved areas. Some of these challenges stem from geographical isolation or due to the intricacies of local legal systems. 

For e.g. women often work in areas with limited infrastructure and resources, meaning that women might find themselves far from any form of immediate help or support. The lack of access to emergency services, coupled with the physical remoteness of their work locations, increases the vulnerability of these women to harassment or assault. The sense of isolation can also be psychological, as women might feel cut off from their usual support networks, further exacerbating feelings of vulnerability. 

Navigating local legal systems, which may be biased or under-resourced, presents another significant hurdle. In many parts of India, the legal systems are not only under-resourced but may also be biased against women. This bias can stem from deeply ingrained patriarchal attitudes, leading to a lack of support for women who seek justice for harassment or other safety-related issues. Furthermore, local law enforcement may not always be sympathetic or responsive to the needs of women working in the development sector. 

To navigate these challenges, following are some things organisations can do:

• Ensuring Safe Working Conditions: Organisations must prioritise the safety of their female workers by ensuring safe working conditions. This includes providing secure accommodations, reliable transportation, and establishing robust communication channels that allow for regular check-ins. Organisations should also develop clear safety protocols, including contingency plans for emergencies, to ensure that women have the support they need in critical situations.
• Legal and Psychological Support: Access to legal aid is essential for women facing challenges within the local legal systems. Organisations should establish partnerships with legal professionals who understand the local context and can provide timely advice and representation. In addition to legal support, psychological counselling should be made available to help women cope with the stress and trauma that may arise from working in challenging environments. Providing these resources not only ensures the well-being of female workers but also empowers them to continue their vital work with confidence.

Priya: Women in social impact face every challenge that has already been articulated. Beyond this:

• We know inappropriate behaviour well and we also have more access to understanding law. When we yet face sexism and violations, we have so much more to come to terms with!
• Field workers have their own work related struggles with colleagues, working late hours and unsafe transport, more power dynamics from various people in the ecosystem

One important step to addressing these issues is having more women to lead functions or not for profits too. Women in positions of power will address the safety question significantly. Frequent check-ins with team members will be a great way to build trust and confidence for team members and they also have a space to share their concerns

Pallavi: With reference to organisations which work with communities on the ground, one  unique challenge is safety during field work and related travel.

There is a lot of ground work in the development sector that requires travel between villages and towns, between districts and cities. For those on the front line, in field positions, it means a lot of travel to interior locations, far flung hamlets across challenging topographies. Use of two wheelers is common as that allows one to reach faster especially to remote and inaccessible households/hamlets, where public transport does not reach. 

• While this saves time and effort of walking long stretches,  team members usually ride alone and road safety becomes a concern since they become prone to accidents. 
• Social impact and change work entails a lot of discomfort in power structures as we advocate for change. Many times this creates a situation of risk- fear of harassment, being targeted, abuse and attack- especially for those on the frontline. 

Redressal Measures:

• Mandate & Budget: Ensure written safety protocols in all required languages, budget allocation for safety measures (e.g., night travel, helmets, four-wheeler travel), and accident insurance coverage and its ask to those who support us.
• Mental Health Support: Share information about voluntary and paid support 
• Robust POSH mechanism: Ensure a well-functioning POSH mechanism, exceeding basic mandates. I would go on to say that an additional gender neutral policy which addresses discrimination and harassment as a whole should be adopted as well. 
• Gender Sensitization: Allocate resources for regular gender sensitization and culture-building initiatives. Advocate for these measures by demonstrating their importance
• Community-Level Actions: Engage strategically with Panchayats, hamlet leaders, and government bodies to build trust is useful. At one’s own level, it is important to foresee and strategise around potential challenges due to the nature of work and potential impact especially due to one’s gender, caste, class etc. by embedding actions into the program design. 

Could you share any best practices or case studies where organisations have successfully created a culture of safety and inclusivity?

Prerna: 

• Visible commitment from leadership is essential. Leaders should actively support POSH initiatives and embody the values of respect and integrity. Their behaviour sets the tone for the entire organisation, ensuring that a zero-tolerance policy towards harassment is maintained.
• While annual POSH training is mandatory, organisations should implement continuous, interactive sessions that address unconscious bias, cultural sensitivity, and specific challenges faced by women in different contexts. Training should be tailored to reflect the realities of various regions and sectors, particularly focusing on unique risks in remote or underserved areas.
• It is crucial that all employees are aware of how to report incidents. The reporting process should be straightforward, well-publicised, and easily accessible, with multiple channels available for confidentiality.
• Organisations must ensure that workspaces, accommodations, and transportation are secure, with adequate lighting, security personnel, and reliable transport options, especially in rural or isolated areas.
• Offering psychological counselling and support services is vital, as working in challenging environments can affect mental health and well-being. These services empower women to continue their work with confidence.
• Establish channels for employees to provide feedback on safety and harassment issues, anonymously if needed. This feedback should be used to continuously improve policies and practices.
• POSH committees should be diverse and representative to create inclusive and effective policies.
• Recognise that creating a safe work environment is an ongoing process. Regularly review and update POSH policies, training programs, and safety protocols to adapt to new challenges and incorporate employee feedback.

Priya: A good example is where organisations have started having more Open House conversations. These conversations are deliberately around team, culture relationships. It starts very slowly and there are spates of pregnant silence, but when one has these very regularly, there is a high chance that the discussion builds towards behaviour, consent etc. It also offers space for men and women to share openly about their feelings and vulnerabilities in a non-threatening way. Keeping power equations out of the room for these discussions works well I think.

Pallavi: For Utthan ensuring a diverse team has been an important step to build inclusivity. Our current team of 39 has 48.7% females and 51.2% males with a good number in leadership positions. At the level of social category: SCs: 23% | STs: 23% | OBCs: 26% | Gen: 28%. We continue to strive to look at better intersectional representation. 

Our policy mandate on gender is not limited to a binary view but takes an intersectional view. We have a Gender equity & Anti discriminatory policy which is gender neutral along with POSH Policy.