International Journal of Contemporary Research In Multidisciplinary, 2026;5(4):576-582
Towards Inclusive Justice: A Critical Study of The Necessity and Feasibility of Gender-Neutral Harassment Prevention Laws in The Indian Legal Framework
Author Name: CS. Karishma Pandey; Dr. Roksana Varashti;
Abstract
Harassment, in its various forms, remains one of the most significant violations of human dignity and fundamental rights. Traditionally, Indian laws addressing harassment, particularly sexual harassment, have been designed primarily to protect women due to the historical prevalence of gender-based discrimination and violence. While this legislative approach has played a crucial role in advancing women's rights, evolving social realities reveal that harassment is not confined to one gender. Men, transgender persons, and non-binary individuals may also experience harassment in workplaces, educational institutions, public spaces, and digital environments, yet the existing legal framework offers limited or fragmented protection to these groups. This disparity raises important constitutional and human rights concerns regarding equality before the law and equal access to justice.
This paper critically examines the necessity and feasibility of introducing gender-neutral harassment prevention laws within the Indian legal framework. Using a doctrinal research methodology, the study analyses constitutional provisions, statutory laws, landmark judicial pronouncements, Law Commission reports, and international legal practices. The paper evaluates whether existing legislation, particularly the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, adequately reflects the constitutional principles of equality, dignity, and non-discrimination enshrined under Articles 14, 15, and 21 of the Constitution of India. It also explores the legal, social, and institutional implications of adopting gender-neutral legislation while ensuring that the hard-won protections available to women are not weakened.
The study concludes that a carefully drafted gender-neutral harassment prevention framework can strengthen constitutional governance, improve access to justice for all victims, and promote an inclusive legal system consistent with India's commitment to human rights. Such reforms would contribute to the vision of Viksit Bharat 2047 by fostering equality, social justice, and a progressive legal order capable of addressing the needs of a diverse and evolving society.
Keywords
Gender-Neutral Harassment Laws; Constitutional Equality; Human Rights; Sexual Harassment; POSH Act, 2013; Gender Justice; Workplace Safety; LGBTQIA+ Rights; Legal Reforms; Viksit Bharat 2047.