Institutional Patriarchy: Analysing Sexual Harassment in Workplace Policy Through the Theory of Institutionalism

Abstract

It has been a decade since the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 was passed, but data shows that implementation of the law is unsatisfactory, and conviction is extremely low. Internal Complaints Committees that are set up to enquire into complaints have not even made a dent on this problem. This article attempts to analyse the policy through the theory of institutionalism. Institutional patriarchy, that is, patriarchal structures on which institutions are founded, makes it extremely difficult to bring about a change in the prevalence of sexual harassment of women through policies formulated by institutions that are themselves embedded in patriarchy. The root of sexual harassment is structural patriarchy, and, unless this issue is addressed, women will continue to be harassed. The issue of structural patriarchy cannot be confronted with one sexual harassment law alone; it needs radical rethinking of policymaking in order to bring about change.