ISO 9001:2015

The Posh Act, 2013 in the Era of Platform Capitalism and Informal Labour: Relevancy, Jurisdictional Gaps, and Structural Reform

Dr. Shaily Gupta

The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (POSH Act) represents India’s statutory commitment to dignity and equality in the workplace. Enacted in the aftermath of Vishaka v. State of Rajasthan, the Act institutionalised Internal Committees (ICs) and Local Committees (LCs) as quasi-judicial redressal bodies. However, more than a decade later, the definition of “workplace” has dramatically evolved. India’s labour market is now characterised by gig work, platform-mediated services, domestic work, remote work, and informal labour arrangements that challenge traditional employer–employee constructs. This article examines the continued relevance of the POSH Act in 2026, particularly in the context of emerging sectors such as gig workers, platform-based service providers, and domestic workers. It analyses recent judicial developments, including platform accountability jurisprudence, Supreme Court directions on LC constitution, limitation interpretations, and the doctrine of alternative remedy in POSH disputes. The article argues that the principal crisis in POSH implementation is not normative but institutional. It proposes structural reforms—strengthening Local Committees, platform-specific compliance models, jurisdictional interoperability mechanisms, and access-oriented procedural frameworks—to ensure that POSH remains effective in decentralised and informal labour environments.


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