Workplace Sexual Harassment through a Psychosexual and Legal Viewpoint: Beyond Compliance

Objective: This study critically examines the persistent prevalence of workplace sexual harassment in India despite the implementation of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013. It aims to explore the structural and psychosexual dimensions underlying workplace harassment and assess the limitations of a purely compliance-based legal framework. Methods: The article adopts a doctrinal and interdisciplinary analytical approach by integrating legal analysis with psychosexual and organizational theories. Landmark judicial decisions, including Vishaka versus State of Rajasthan, Apparel Export Promotion Council versus A.K. Chopra, and Aureliano Fernandes versus State of Goa, are critically evaluated to trace the evolution, implementation challenges, and conceptual limitations of India’s workplace harassment laws. Results: The analysis demonstrates that workplace sexual harassment cannot be addressed solely through procedural compliance or legal prohibition. Persistent organizational silence, gendered power asymmetries, unconscious behavioral conditioning, and institutional cultures continue to normalize misconduct across workplaces. The study further argues that psychosexual and organizational perspectives provide deeper insights into the interpersonal, psychological, and structural dynamics that sustain harassment, thereby strengthening rather than diluting legal accountability. Conclusion: The study concludes that effective prevention of workplace sexual harassment requires a multidimensional framework that extends beyond statutory compliance. Sustainable reform necessitates a dual-track approach integrating robust legal enforcement with organizational transformation, gender sensitization, psychosocial engagement, and continuous institutional accountability to nurture safer and more equitable workplaces.