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We analyse the implementation of the POSH Act in Tamil Nadu. The Act aims to prevent the sexual harassment of women in the workplace. The Social Welfare Department of Tamil Nadu reports that only 1317 of the several lakh workplaces have established mandatory Internal Complaints Committees.
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A law on sexual harassment at workplace has been one of the most awaited and anticipated laws since the landmark ruling of Vishaka v. State of Rajasthan, (1997) 6 SCC 241 where the Supreme Court observed that sexual harassment at workplace constituted a violation of the fundamental rights guaranteed under the Constitution. Making the above observation, the Court in an unprecedented move, proceeded to lay down guidelines that were to be followed in all workplaces until a suitable domestic law is provided for by the legislature. Another remarkable and novel feature of the judgment was its inclusion of the private sector apart from the public sector in its direction for employers to establish sufficient preventive and remedial systems in the workplace for female employees.
