Sexual harassment in public spaces remains a pressing concern in Jammu and Kashmir, necessitating both legal reforms and grassroots initiatives to ensure women’s safety.

Legal Framework: The POSH Act, 2013

The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (commonly referred to as the POSH Act) was enacted with the aim of providing comprehensive protection against sexual harassment of women in workplaces, along with mechanisms for prevention and redressal. While its primary focus lies in safeguarding women in formal employment settings, the Act’s scope also encompasses certain public spaces, particularly those connected to professional or employment-related activities.

Under the POSH Act, it is mandatory for employers to constitute Internal Complaints Committees (ICCs) in workplaces to address grievances related to sexual harassment. Furthermore, Local Complaints Committees (LCCs) are to be established by the District Officer in each district to address complaints originating from establishments where an ICC is not feasible, such as those with fewer than ten employees, or where the alleged perpetrator is the employer himself.

These mechanisms are designed to ensure that every working woman has access to a structured redressal process. However, extending these protections effectively into public and informal workspaces remains a challenge.

Initiatives and Awareness Campaigns in Jammu and Kashmir

Given the socio-political complexities of the region, several notable initiatives have emerged to address the issue of sexual harassment in Jammu and Kashmir:

• Judicial Interventions: Justice Sindhu Sharma of the High Court of Jammu & Kashmir and Ladakh launched a campaign titled “Speak – Prevention Drive against Sexual Predation through Empowerment, Awareness and Knowledge.” This campaign emphasizes gender sensitization and the prevention of sexual violence. It aims to empower women through knowledge dissemination and proactive community engagement, promoting awareness from the grassroots level upwards.
• Educational Institutions: Shri Mata Vaishno Devi University (SMVDU) organized a significant awareness drive focused on the prevention of sexual harassment among women and students in higher educational institutions. The objective was to educate students, faculty, and administrative staff about the provisions of the POSH Act and the related University Grants Commission (UGC) guidelines, fostering a culture of zero tolerance.
• Community Initiatives: A remarkable grassroots effort has been undertaken by Kounsar Jan, a 33-year-old woman from Srinagar, who launched a women-friendly e-rickshaw service. This initiative was created not only to offer safer travel options for women but also to encourage women’s financial independence. Her efforts reflect the potential of community-led responses in tackling sexual harassment and empowering women simultaneously.

Challenges and the Road Ahead

Despite these commendable efforts, several persistent challenges hinder the full realization of a harassment-free public environment in the region. Societal taboos, cultural norms, and fear of stigmatization often discourage women from reporting incidents of sexual harassment. In many cases, victims are reluctant to come forward due to concerns about their social reputation or backlash from their communities.

Furthermore, the implementation of the POSH Act remains inconsistent, particularly in the informal sector and in public areas not directly linked to workplaces. The lack of awareness among both employers and employees, coupled with inadequate training of committee members, limits the effectiveness of the Act.

To address these pressing issues, a multipronged strategy must be adopted:

• Enhancing Awareness Campaigns: Awareness programs need to be intensified and broadened to include all sections of society. These campaigns should educate both women and men about legal protections available under the POSH Act and the importance of fostering respectful, inclusive environments.
• Strengthening the Functioning of ICCs and LCCs: Regular training sessions, workshops, and monitoring systems should be implemented to ensure that these committees are well-equipped to handle complaints impartially and efficiently. Capacity-building programs should focus on sensitizing members to the emotional and psychological impact of harassment.
• Promoting Community-Led Safe Spaces: Encouraging grassroots movements and initiatives that create safe environments for women in public transport, educational settings, and workplaces is essential. These efforts not only serve immediate protective purposes but also contribute to long-term social change by empowering communities to take ownership of safety issues.

Reference(s):

1. Nishith Desai Associates, Prevention of Sexual Harassment at the Workplace (POSH) (Nishith Desai Associates 2023) https://www.nishithdesai.com/fileadmin/user_upload/pdfs/Research%20Papers/Prevention_of_Sexual_Harassment_at_Workplace.pdf accessed 12 May 2025.
2. ‘HC launches campaign to prevent sexual violence’ Rising Kashmir (Jammu, 17 December 2022) https://risingkashmir.com/hc-launches-campaign-to-prevent-sexual-violence/ accessed 12 May 2025.
3. ‘Awareness campaign on prevention of sexual harassment of women and students in higher educational institution held at SMVDU’ JK Monitor (Katra, 2023) https://www.jkmonitor.org/index.php/awareness-campaign-on-prevention-of-sexual-harassment-of-women-and-students-in-higher-educational-institution-held-at-smvdu accessed 12 May 2025.
4. ‘Kounsar’s E-Rickshaw Promotes Women Empowerment And Stands Against Sexual Harassment’ Feminism In India (Srinagar, 2025) https://feminisminindia.com/?p=180158 accessed 12 May 2025.
5. ‘Sexual Harassment at Workplace – Young Lawyers Forum – Kashmir’ Young Lawyers Forum (Kashmir, 2023) https://www.ylfkashmir.com/Projects/know-the-law/sexual-harassment-at-workplace accessed 12 May 2025.