Authored By: Khushi Saggu
Asian Law College (CCSU)
Abstract
Internships have become an essential part of the fashion industry, providing students with practical exposure to the functioning of fashion houses, design studios and other creative enterprises. However, the growing reliance on interns has also raised concerns regarding the adequacy of legal protection available to them in the workplace. In India, internships are not governed by a specific statutory framework, which often creates uncertainty about the rights and safeguards available to interns. This paper examines the legal protection afforded to interns in the Indian fashion industry by analysing the relevance and applicability of existing labour and workplace safety laws, particularly the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013. Through doctrinal legal analysis and discussion of relevant judicial principles, the study evaluates whether the current legal framework adequately safeguards interns working within the fashion sector. It further identifies gaps in the existing legal regime and highlights the need for clearer legal recognition and stronger institutional mechanisms to ensure safe and fair internship environments in the industry.
Keywords: Fashion Industry, Internships, Workplace Protection, POSH Act, Labour Law in India
Introduction
The fashion industry has grown rapidly over the past few decades and today plays a significant role in the global economy. Fashion houses, design studios, modelling agencies and fashion media organizations rely on a large workforce to sustain their creative and commercial operations. In this environment, internships have become an important entry point for students and young professionals seeking practical exposure to the functioning of the industry. Through internships, individuals gain hands-on experience, develop professional skills and build connections that may assist them in pursuing future careers in fashion and related fields.
Despite these opportunities, the increasing reliance on interns has also raised concerns regarding the protection of their rights in the workplace. Interns often occupy a position that is neither fully recognised as that of an employee nor completely outside the workplace structure. As a result, questions arise regarding the legal safeguards available to them, particularly in situations involving unfair working conditions, exploitation or workplace harassment. In India, there is currently no comprehensive legislation that specifically regulates internships, which may create uncertainty about the rights and remedies available to interns.
In this context, existing labour and workplace safety laws become particularly important in determining whether interns can receive adequate legal protection. One such significant framework is the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, which aims to ensure a safe working environment for women and extends its protection to individuals engaged in various forms of work, including interns and trainees.
This paper therefore seeks to address the following research question: Do existing legal frameworks in India adequately protect interns working in the fashion industry? In order to answer this question, the paper analyses the applicability of relevant labour and workplace safety laws and examines the extent to which they safeguard interns within the fashion sector. It further identifies existing gaps in the legal framework and highlights the need for clearer legal recognition and stronger institutional protections for interns in the industry.
Background and Conceptual Framework
Internships are widely regarded as an important bridge between academic learning and professional experience. They provide students and young professionals with an opportunity to observe workplace practices, develop practical skills and gain insight into the functioning of a particular industry. In creative sectors such as fashion, internships are especially common because they allow aspiring designers, stylists and fashion professionals to understand the practical aspects of design processes, marketing strategies and brand management. As a result, internships have become an established pathway for individuals seeking entry into the fashion industry.
The fashion industry itself is highly dynamic and competitive. It includes a wide range of institutions such as fashion houses, design studios, modelling agencies, fashion magazines and retail brands. These organizations often operate on tight schedules and project-based assignments, particularly during fashion shows, product launches and seasonal collections. In such environments, interns are frequently involved in assisting with various tasks including design assistance, backstage coordination, social media management and event organization. While these experiences can be valuable for learning, they also highlight the informal nature in which many internships are structured within the industry.
A significant conceptual issue surrounding internships is the unclear legal status of interns within the workplace. Unlike regular employees, interns are often not formally recognised under many labour regulations, especially when the internship is unpaid or temporary. This ambiguity may result in limited awareness of workplace rights and remedies available to interns. Concerns regarding excessive working hours, lack of remuneration and vulnerability to workplace misconduct have increasingly been discussed in relation to internship culture.
In this context, it becomes important to examine how existing legal frameworks address the position of interns within workplaces. Laws relating to workplace safety, dignity and fair treatment may indirectly extend protection to interns, even in the absence of specific legislation governing internships. For instance, frameworks such as the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 play an important role in ensuring that individuals working in professional environments, including interns, are provided with protection against harassment and unsafe working conditions.
Legal Analysis
The absence of a dedicated statutory framework governing internships in India raises important questions regarding the legal protection available to interns across various industries, including the fashion sector. While internships are widely recognised as an important form of professional training, the law does not clearly define the legal status of interns within most workplace settings. As a result, interns often occupy an uncertain position that lies somewhere between that of a student and that of an employee. This ambiguity becomes particularly significant when issues relating to workplace safety, dignity and fair treatment arise.
Within the fashion industry, interns frequently assist with a variety of tasks such as design support, backstage coordination during fashion shows, event management, content creation and brand promotion. These roles often place interns within active workplace environments where they interact with designers, models, managers and other professionals. Despite being part of these professional settings, interns may not always receive the same level of legal recognition or workplace protection as regular employees. This situation raises concerns about the extent to which existing labour and workplace safety laws can be applied to safeguard interns.
One of the most significant legal frameworks that may extend protection to interns is the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013. The objective of this legislation is to ensure that women are able to work in a safe and dignified environment, free from sexual harassment. Importantly, the Act adopts a broad understanding of the term “employee,” which includes not only individuals engaged in formal employment but also trainees, interns and persons working on a temporary or voluntary basis. This inclusive definition plays a crucial role in extending the protection of the law to interns working within professional environments such as fashion houses, design studios and media organizations.
Under the POSH Act, every workplace is required to establish an Internal Complaints Committee (ICC) responsible for receiving and addressing complaints related to sexual harassment. The presence of such a mechanism ensures that individuals working within an organization, including interns, have access to a formal process through which they may report misconduct. In the context of the fashion industry, where interns often work in collaborative and fast-paced environments, the existence of such institutional safeguards becomes particularly important for maintaining workplace safety and dignity.
Another important concern in relation to internships is the question of remuneration and the classification of interns within labour law. In many sectors, including the fashion industry, internships are frequently unpaid, which raises debates regarding fairness and potential exploitation. Since interns are often not formally recognised as employees under several labour statutes, they may not be entitled to protections such as minimum wages or regulated working hours. This lack of clarity may create situations in which interns perform substantial work without receiving adequate legal safeguards.
In addition to the POSH framework, broader labour law principles emphasize the protection of individuals working within professional environments. Although many labour statutes primarily regulate formal employment relationships, their underlying objective is to promote fairness, dignity and safe working conditions. These principles are equally relevant to interns who contribute to the functioning of organizations despite their temporary or trainee status.
Therefore, the current legal framework provides certain indirect protections to interns, particularly in matters relating to workplace safety and harassment. However, the absence of a clear statutory framework governing internships continues to create uncertainty regarding the full extent of their legal rights and remedies. This highlights the need for clearer legal recognition of internships and stronger regulatory mechanisms that ensure fair treatment and protection for interns within industries such as fashion.
The fashion industry is known for its fast-paced and highly competitive environment, which often relies heavily on internships to support creative and operational processes. While internships provide valuable exposure to the industry, the absence of clear regulatory frameworks sometimes results in uncertainty regarding the rights and responsibilities of interns. Many interns perform tasks similar to regular employees but may not receive the same legal protections or formal recognition under labour laws. This gap highlights the need for clearer legal standards and institutional policies that define the status, rights and obligations of interns within professional workplaces.
Additionally, strengthening workplace policies within fashion organizations can play a crucial role in protecting interns from unfair practices. Employers can establish transparent internship agreements that clearly outline duties, working hours, supervision and grievance procedures. Such policies not only safeguard interns but also promote professionalism and accountability within the industry. By ensuring that internships are structured as genuine learning opportunities rather than sources of unpaid labour, organizations can contribute to a more ethical and sustainable fashion sector.
Case Laws
Two important judicial decisions of the Supreme Court of India have played a significant role in establishing legal protections against workplace harassment, which are relevant to interns working in the fashion industry.
The landmark judgment in Vishaka v. State of Rajasthan (1997) laid down the Vishaka Guidelines to address sexual harassment at the workplace. In this case, the Supreme Court recognized that sexual harassment violates the fundamental rights of women under Articles 14, 15, and 21 of the Constitution of India. The Court directed all employers and institutions to establish preventive and redressal mechanisms for workplace harassment. These guidelines later formed the basis for the enactment of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013.
Another important case is Apparel Export Promotion Council v. A.K. Chopra (1999). In this judgment, the Supreme Court reaffirmed the principles established in the Vishaka case and emphasized that even an attempt to sexually harass a woman at the workplace amounts to a violation of her dignity and fundamental rights. The Court highlighted the duty of employers to ensure a safe working environment for employees.
These cases demonstrate the judiciary’s commitment to protecting individuals from workplace harassment. Although these rulings primarily address employees, their principles are equally relevant to interns, who often work in similar environments but may lack formal legal protections.
Critical Analysis and Findings
Despite the existence of legal frameworks aimed at ensuring workplace safety, significant gaps remain in the protection of interns within the fashion industry. Interns often occupy an ambiguous position in the workplace, as they are not always legally recognized as formal employees. As a result, many labour protections and workplace safeguards do not clearly extend to them. This lack of clear legal recognition can leave interns vulnerable to exploitation, including excessive working hours, unpaid labour, and unsafe or uncomfortable working conditions.
While the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 provides mechanisms to address harassment, its implementation may be inconsistent, particularly in industries that rely heavily on temporary workers and interns. In many fashion houses, design studios, and fashion events, interns may hesitate to report misconduct due to fear of losing professional opportunities or damaging their reputation within the industry.
Furthermore, the fashion industry is highly competitive, which often creates a culture where interns feel pressured to tolerate unfair treatment in order to gain experience or secure future employment. The absence of formal contracts, clear work policies, or institutional grievance mechanisms further increases their vulnerability.
Therefore, it is important for organizations within the fashion industry to adopt stronger policies that explicitly include interns within workplace protection frameworks. Institutions offering internships should also ensure proper supervision, written agreements, and accessible complaint mechanisms. Strengthening awareness and enforcement of existing laws can help create a safer and more equitable working environment for interns.
Conclusion
Internships play an important role in providing practical experience and career opportunities for students entering the fashion industry. However, the lack of clear legal recognition and protection for interns often exposes them to various forms of exploitation, including unpaid labour, excessive workloads, and unsafe working environments. Although important legal developments, such as the principles established in Vishaka v. State of Rajasthan and later legislation addressing workplace harassment, have strengthened protections within workplaces, interns may still remain vulnerable due to their informal status.
It is therefore essential for organizations within the fashion industry to recognize interns as individuals deserving of fair treatment, dignity, and workplace safety. Establishing clear internship policies, written agreements, and accessible grievance mechanisms can significantly improve their protection. Strengthening awareness and effective implementation of existing legal frameworks can also help ensure that internships become meaningful learning experiences rather than sources of exploitation. Protecting interns ultimately contributes to creating a more ethical, inclusive, and responsible fashion industry.
Bibliography
Constitution of India, 1950.
Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013.
Vishaka v State of Rajasthan, (1997) 6 SCC 241.
Apparel Export Promotion Council v. A.K. Chopra, (1999) 1 SCC 759.
Introduction to Labour and Industrial Law by Avtar Singh, LexisNexis Publications.
