While India has made considerable progress in legislating against harassment, particularly towards women, a glaring omission remains: protection for men. Let’s explore what legal safeguards exist, where the gaps lie, and how both systemic reform and organisational care can change this narrative.
1. Current Legal Protections
- IPC Section 377 & POCSO Act
Section 377 of the Indian Penal Code criminalises sodomy without consent and is gender-neutral, offering protection to men, especially in cases of male rape. Additionally, the Protection of Children from Sexual Offences (POCSO) Act applies regardless of gender, providing a legal remedy for boys under the age of 18.
- Domestic Violence and Dowry Laws
Some provisions under the Dowry Prohibition Act and Section 498A of the IPC (cruelty by husband or relatives) are technically gender-neutral but have largely been interpreted and applied from a female-centric perspective. Sections 85 and 86 of the BNS, related to dowry and domestic violence, are also specific to protecting women and are not gender-neutral, making practical protection for men limited.
- Educational Institutions
UGC regulations on sexual harassment in educational institutions are gender-neutral, offering protection for male students. However, awareness and enforcement remain inconsistent specially in smaller institutions
- Constitutional provisions
Article 14 (Right to Equality),Article 15 (Prohibition of Discrimination) and Article 21 (Right to Life and Dignity) These provisions protect individuals from inequality, bias and indignity. These forms the backbone of justice and Human rights in India.
2. The Legal Void: Male Harassment Law in India
India does not have specific legislation addressing sexual harassment of men in the workplace or public spaces. The Sexual Harassment of Women at Workplace (PoSH) Act, 2013, only recognises women as aggrieved persons, thereby excluding men, even though harassment can, and does, occur in workplaces against men.
A survey cited in Economic Times revealed that 29–43% of respondents had experienced harassment by female colleagues, yet legal recourse remains unclear for male victims under the current framework.
3. How Male Harassment Cases in India Are Handled
Without gender-neutral workplace laws, male harassment cases often go unreported or are addressed through general misconduct or code-of-conduct mechanisms within organisations, rather than legal frameworks. Social stigma, fear of disbelief, and toxic masculinity further discourage reporting.
Men’s rights groups like the MenToo movement and Save Indian Family Foundation advocate for reform and gender-neutral laws that grant equal protection to all employees regardless of gender identity, particularly in the workplace settings.
4. Legal Challenges & Reform Needs
- Lack of Explicit Protection: The PoSH Act’s gender specificity excludes men from protection in workplace settings.
- Underreporting: Societal stereotypes regard men as invulnerable, leading to few male harassment cases in India being formally lodged or pursued.
- Call for Gender-Neutral Laws: Legal experts have consistently urged amendments or new legislation that treat sexual harassment as a violation of the dignity of any gender, protecting anyone subjected to harassment.
- International Perspective: Several countries, including Canada, the UK, and the USA, already have gender-neutral workplace harassment laws. For instance, the UK’s Equality Act (2010) prohibits harassment related to sex and applies protections to all genders. Similarly, in Canada, both federal and provincial workplace harassment policies are designed to protect “any person” from sexual harassment, not limited by gender. In the USA, Title VII of the Civil Rights Act (1964) makes it unlawful to discriminate or harass based on sex, with courts affirming that protections extend to men as well. These international models highlight the importance of inclusive laws that safeguard every employee’s dignity. India, too, can take cues from these frameworks to reconsider and reform its workplace harassment laws, ensuring protection is comprehensive, gender-neutral, and future-ready.
5. What Organisations Can Do
- Create Gender-Neutral Policies: Even if PoSH is gendered, internal workplace policies can be made inclusive, enabling men to report harassment under broader anti-harassment frameworks.
- Awareness & Training: Sensitisation workshops can educate all employees about sexual harassment as a human issue, not just a woman’s issue.
- Confidential Channels: Establish inclusive grievance mechanisms where all employees, including men, feel safe to report incidents.
Notably, any attempt to frame the Internal Committee (IC) as gender-neutral must align with legal mandates, given PoSH’s restrictions.
In Summary
India needs to include men and other genders into the ambit of protection against sexual harassment legally. We strongly need to consider the repercussions of sexual violence affect all genders alike.
Enhancing protection requires both legislative reform towards gender-neutral frameworks and organisational responsibility. By recognising harassment as a human rights issue, regardless of gender, companies and policymakers can move toward safer, more equitable work environments.
At Kelp, we champion inclusive, empathetic workplace environments. Whether you’re looking to broaden your understanding of workplace inclusivity, implement more robust programs, or foster safer spaces for every employee, we’re here to help, contact our advisors at info@kelphr.com or visit www.kelphr.com
