Assessing the Anti-Sexual Harassment Act 2022: Progress, Pitfalls, and the Path toward Effective Enforcement

Abstract

Sexual harassment remains a serious and pervasive issue in Malaysia, with victims frequently encountering obstacles in seeking justice and redress. Despite the introduction of the Anti-Sexual Harassment Act 2022 (ASHA 2022), numerous implementation challenges and legal gaps continue to hinder its effectiveness. This paper critically examines the extent to which ASHA 2022 addresses the existing shortcomings within Malaysia’s legal framework on sexual harassment. Employing a doctrinal research methodology, the analysis draws from statutory provisions, case law, policy documents, and academic commentaries to assess both the substantive and procedural aspects of the law. The findings reveal that while ASHA 2022 introduces significant legal reforms such as the establishment of a tribunal to adjudicate sexual harassment claims, it only partially resolves the existing lacunae. Persistent weaknesses remain in enforcement mechanisms, public awareness, victim protection, and coordination among relevant agencies. The study concludes that ASHA 2022 represents a progressive legislative milestone but that meaningful reform requires effective implementation, procedural refinement, and stronger institutional support. Policy recommendations are proposed to enhance enforcement, improve legal literacy, and strengthen protection for victims to ensure accessible and equitable justice.