Shodh Prabha: A Multidisciplinary Journal

Gender Equality Beyond Women: Legal Recognition of Sexual Harassment against Men at the Workplace.

Abstract Sexual harassment at the workplace has traditionally been viewed as a problem affecting women due to historical discrimination, patriarchal social structures, and gender-based violence. While legal frameworks across the world have evolved to protect women from workplace harassment, the issue of sexual harassment against men remains significantly under-recognized. In India, the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (POSH Act) specifically protects women employees, thereby excluding male victims and reinforcing the perception that men cannot be victims of workplace sexual harassment. This gender-specific approach creates a legal vacuum and undermines the constitutional principles of equality, dignity, and non-discrimination. The present research paper critically examines the legal recognition of sexual harassment against men in the workplace and advocates for gender-neutral legal reforms. The study analyses constitutional provisions, judicial interpretations, the Bharatiya Nyaya Sanhita (BNS), international practices, and socio-cultural barriers that prevent male victims from reporting workplace harassment. The paper further evaluates the limitations of existing Indian laws and argues for inclusive workplace policies and gender-neutral legislation that protect every individual irrespective of gender identity. The paper concludes that gender equality cannot be achieved by protecting only one gender. A truly inclusive legal framework must acknowledge that sexual harassment can affect men, women, and persons of diverse gender identities alike. Therefore, India must adopt gender-neutral workplace harassment laws consistent with constitutional morality, international human rights standards, and evolving workplace realities. Keywords: Gender Equality, Sexual Harassment, Men at Workplace, Gender-Neutral Laws, POSH Act, Workplace Harassment, Constitutional Equality, Human Rights.