A silent struggle often goes unnoticed, especially in workplaces across India. While the PoSH (Prevention of Sexual Harassment) Act 2013 has been a significant step towards safeguarding women in the workplace, it leaves a noticeable gap: the protection of men. Despite the progressive strides made in gender equality, the issue of sexual harassment against men remains largely unaddressed, wrapped in stigma and societal stereotypes.
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The Current Situation
The PoSH Act was enacted to provide a safe and secure working environment for women, recognising the pervasive issue of sexual harassment. However, the Act is not gender-neutral. It does not extend its protections to men, who can also be victims of sexual harassment. This exclusion is not just a legal oversight but a reflection of deep-rooted societal biases that view men as unlikely victims.
According to a study by the Indian National Bar Association (INBA), about 20% of men reported experiencing some form of sexual harassment in the workplace. Despite this significant number, no legal framework exists to address their grievances. The lack of recognition and support for male victims promotes a culture of silence and stigma.
Why Men’s Harassment Matters Are Overlooked?
Firstly, men are often expected to be strong and resilient, and admitting to being a victim of sexual harassment can be seen as a sign of weakness. This toxic masculinity discourages men from coming forward and reporting their experiences. Secondly, the legal framework in India is heavily tilted towards protecting women. While this focus is crucial, given the historical and ongoing discrimination against women, it unintentionally sidelines the issues faced by men. The PoSH Act, for instance, mandates the formation of Internal Complaints Committees (ICCs) to address sexual harassment complaints, but these committees are not equipped to handle complaints from men.
What Legal Experts Say?
Legal experts and activists in India have long called for a more inclusive approach to sexual harassment laws. Nilesh Tribhuvann, a litigation lawyer and founder of White & Brief Advocates and Solicitors, emphasises the need for gender-neutral policies. “The absence of a gender-neutral law addressing sexual harassment against men is a significant gap in our legal system. Organisations should proactively implement gender-neutral PoSH policies to ensure a safe working environment for all employees,” he says.
Deepika Bhardwaj, a men’s rights activist, highlights the societal barriers that prevent men from reporting harassment. “Men often face ridicule and disbelief when they report sexual harassment. This societal bias needs to change, and our laws must reflect this change by providing equal protection to all genders,” she claims.
How workplaces in India can create a safe environment for men?
The most crucial step is to amend the PoSH Act to make it gender-neutral. This would ensure that men have the same legal protections as women and can report harassment without fear of discrimination or ridicule.
Organisations should conduct regular training sessions to educate employees about the realities of sexual harassment against men. This would help break down stereotypes and encourage a more inclusive work culture.
Establishing support systems such as counselling services and helplines specifically for male victims can provide the necessary emotional and psychological support. These services should be confidential and easily accessible.
Corporate organisations need to form Inclusive Internal Complaints Committees, which should be trained to handle complaints from all genders. This includes understanding the unique challenges faced by male victims and ensuring that their complaints are taken seriously.
Organisations should create an environment where employees feel safe reporting harassment. This can be achieved by ensuring confidentiality, protecting whistleblowers, and swiftly taking action against perpetrators.
Creating a Safe & Inclusive Workplace for All
The need for a gender-neutral PoSH Act in India is evident. Our laws must reflect these values as we strive towards a more inclusive and equitable society. Men, like women, deserve a safe and respectful working environment. By acknowledging and addressing the issue of sexual harassment against men, we can take a significant step towards achieving true gender equality in the workplace. The journey towards this goal requires a collective effort from lawmakers, organisations, and society. It is time to break the silence and ensure that every individual, regardless of gender, can work without fear of harassment. Only then can we truly say we have created a safe and inclusive workplace for all.
