CAN A MALE EMPLOYEE RAISE A COMPLAINT UNDER THE PoSH ACT?

The PoSH Act allows only women to be complainants. Under no circumstances does this Act change its scope to enable men to be complainants as well. Is PoSH applicable for men? No, men can only be respondents under the PoSH Act, not victims or complainants.

A man cannot initiate proceedings by himself in case a male employee faces any instance of sexual harassment in the bank or any other workplace. The law itself is not gender-neutral, as it explicitly covers only women who experience sexual harassment.

Historically, the PoSH Act was enacted to protect women from sexual harassment in the workplace, as they have faced discrimination and gender bias for years. The law assumes that power structures in workplaces often put women in vulnerable positions, making them more susceptible to harassment.

However, is PoSH applicable to male employees? The Act does not provide direct protection to male employees, but they may seek legal remedies under other provisions of the Indian Penal Code (IPC) or approach the internal grievance redressal mechanism of the organization. In case a male employee faces any instance of sexual harassment in the bank, he can file a complaint through other available legal channels, such as the police or the Human Rights Commission.