Advocate Pawan Shukla
Workplace harassment is no longer a silent issue confined to women employees alone. Increasingly, men and persons of diverse gender identities are also reporting harassment, but laws, reporting systems, and awareness remain heavily skewed. For young employees, who often enter the professional world with limited knowledge of legal safeguards, awareness is the first line of defence.
Legal Framework
In India, the POSH Act (2013)—the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act—is the most well-known legislation. It mandates every workplace with 10 or more employees to set up an Internal Complaints Committee (ICC), conduct awareness training, and resolve cases within 90 days. While the Act is progressive, its scope is gender-specific: it protects only women, leaving men and other genders to rely on general provisions under the Indian Penal Code (IPC) such as Section 354 (outraging modesty) or Section 509 (insulting the modesty of a woman). This gendered legal framing has been widely criticized as exclusionary.
What the Data Says
Reports reveal the persistence of harassment across genders. A Deloitte 2024 study, “Women @ Work,” found that 43% of Indian women professionals had faced workplace harassment or microaggressions. But men, too, are not immune. A survey conducted by Social Media Matters and Raksha NGO in 2023 revealed that 28% of Indian men reported experiencing harassment at the workplace, ranging from inappropriate jokes to bullying and intimidation.
International data mirrors this reality. The U.S. Equal Employment Opportunity Commission (EEOC) reported in 2022 that 16% of workplace harassment complaints came from men, showing harassment is a shared experience, not gender-exclusive.
A Real-Life Example
In Gurugram, 2021, a young male employee of a BPO alleged repeated bullying and verbal humiliation by his team leader. He was mocked in front of colleagues, denied fair appraisals, and pressured to work unreasonable hours. When he complained to HR, the matter was dismissed as “performance management.” With no ICC mechanism applicable under POSH, he approached the labour commissioner under workplace harassment and unfair labour practices. The case highlighted that harassment at work is not limited to sexual misconduct—it also includes bullying, intimidation, and abuse of authority, which can deeply affect young employees’ mental health and career growth.
Why Young Employees Are More Vulnerable
- Lack of Information: Many fresh graduates entering jobs do not know what constitutes harassment. A 2022 survey by the Women’s Indian Chamber of Commerce and Industry (WICCI) showed that more than 50% of young professionals reported harassment, yet fewer than half lodged formal complaints. For men, this gap is even wider because they feel laws are not “meant” for them.
- Fear of Retaliation or Mockery: Young employees, both men and women, hesitate to speak up fearing career setbacks or ridicule. Men, in particular, are often mocked if they complain—perceptions of masculinity prevent them from being seen as “victims.”
- Non-compliance by Organizations: Even though POSH requires ICCs, many small and medium enterprises fail to constitute them or ignore cases. A CEDA–Ashoka 2024 analysis of 300 listed companies showed 1,160 POSH complaints filed in FY 2022–23, but resolution rates remained inconsistent, and reporting from smaller firms was negligible. Bridging the Awareness Gap
Gender-Neutral Frameworks: Amending POSH into a gender-neutral law would ensure protection for all employees irrespective of gender identity. Countries like the UK and Canada already adopt such inclusive approaches.
Training at Entry Level: Mandatory induction programs should explain what harassment is, how to report it, and protections against retaliation.
Safe Reporting Systems: Anonymous complaint portals, external ombudsman mechanisms, and strict penalties against retaliation can build trust.
Inclusion of Informal & Gig Sector: Awareness campaigns must reach interns, gig workers, and freelancers, who are among the youngest and least protected employees.
Conclusion
Workplace harassment is a universal challenge, cutting across genders, sectors, and age groups. While India’s POSH Act has created a structured mechanism for women, young men and other genders remain at the margins of legal protection. Recent data shows that nearly one-third of men also face harassment at work, but fear of ridicule and lack of recognition prevent them from reporting. For India’s workforce to be truly safe and inclusive, laws need to evolve into gender-neutral protections, and young employees must be educated from the very start of their careers. Awareness, empathy, and stronger compliance can together ensure that every workplace—corporate or informal—becomes a space of dignity, not distress.