Trivializing the Severity of Sexual Harassment through Misguided Terminology

A couple of months ago, a participant in a prevention of sexual harassment at workplace training session threw a curveball at me, questioning why the Prevention of Sexual Harassment Act is labelled as the POSH law. “There’s nothing posh about it,” he said. I was stumped at the statement, and my attempts to rationalize it sounded feeble even to my own ears.

As per Collins Dictionary and Oxfords Dictionary, posh means smart, attractive, fashionable and expensive. Similarly, Cambridge Dictionary defines posh as expensive and of high quality. Likewise, Merriam Webster defines posh as elegant, fashionable, typical of or intended for upper classes.

While the colloquial adoption of “POSH” may appear incongruous, given the gravity of the issue it addresses, judicial references and prevailing discourse have largely embraced this abbreviation. Notable legal precedents, including a landmark ruling by the Supreme Court on May 12, 2023 (Aureliano Fernandes vs. State of Goa and Ors.), reinforce the usage of “POSH” in formal legal language. However, it is worthy to note that select judicial instances (Sohail Malik v. Union of India and Ors. vide Order of Delhi High Court dated June 30, 2023; DB Corp. Ltd. vs. Shailja Naqvi and Ors. vide Order of Delhi High Court dated July 21, 2022; Balkrishna Porwal vs. PIO, Department of Posts vide Order of Central Information Commission dated June 25, 2018) have opted for alternative nomenclature, employing the term “Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act, 2013,” or simply “SHW Act.”

The complexities inherent in discussions surrounding sexual harassment and sexual abuse underscore the necessity for precise and mindful language. The nuanced nature of these concepts demands heightened awareness to accurately delineate the spectrum of behaviours constituting sexual harassment.

Language plays a pivotal role in shaping perceptions and responses to such issues, with inadvertent usage of euphemistic or trivializing terms exacerbating societal misconceptions.

The pervasiveness of unconscious bias in language poses a formidable obstacle to the effective prevention of sexual abuse. Instances of judicial language perpetuating harmful stereotypes underscore the imperative for vigilant scrutiny and reform.

The release of the Handbook on Combatting Gender Stereotypes by the Supreme Court of India underscores the recognition of this issue at the judicial level. However, despite such initiatives, instances of inappropriate language persist, undermining efforts to address gender-based discrimination and trivialization of women’s issues.

Few months ago, during a Tata IPL 2024 match where the Rajasthan Royals donned pink attire as a gesture of support for women and rural transformation initiatives in Rajasthan, Sanjay Manjrekar announced this initiative. However, at the end of the announcement, his closing remark, “now back to serious business,” serves as a poignant example of the insidious nature of gender bias in public discourse. His remarks, seemingly trivializing efforts towards women’s empowerment, elicited widespread criticism and highlighted the pervasive nature of gender insensitivity. Such incidents underscore the persistent challenges in fostering a culture of inclusivity and sensitivity towards women’s issues in both public and institutional spheres.

The imperative to address unconscious bias in language and combat the trivialization of sexual abuse remains a pressing concern. People, in general, need to be educated on practising mindful language at all times, as consciousness and knowledge are essential tools for non-trivialising the severity of sexual harassment and sexual violence through misguided terminology.

Authored by Adv. Divya R , Trainer, External Member & Chief Quality Officer, The Legal Swan

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