On February 2, 2024, a Bill was introduced before the Rajya Sabha, proposing an amendment to the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (PoSH Act 2013).
The proposed amendments primarily focus on two specific areas:
- The timeframe provided for complainants to file sexual harassment complaints
- The informal process for addressing such complaints.Â
Timeline for filing complaints of sexual harassment
Currently, under the PoSH Act 2013, complainants are required to file a complaint of sexual harassment within 90 days of the date of the incident. The PoSH Act 2013 also provided the Internal Committee (IC) with the power to extend the period to an additional 90 days if the delay was due to circumstances the IC found sufficient.
The proposed amendment aims to increase the time for a complainant to file one year from the date of the incident, an extension from the current timeline.
Studies have found that many people facing sexual harassment fear the prospect of recounting a distressing experience. This makes it essential to provide sufficient time for complainants to process and prioritise their mental health, before filing a formal complaint of sexual harassment.
On the flip side, having no timeline for filing a complaint of sexual harassment can also impact the ability of the Internal Committee (IC) to conduct an effective inquiry. Inquiries rely on evidence and delayed reporting can impact the ability to collect evidence.
Omission of conciliation process under PoSH Act 2013
The proposed amendment also suggests the removal of the conciliation process or the informal process under Section 10 of the PoSH Act 2013. The informal process is a settlement between the complainant and the respondent.Â
To know more about the informal process, read what does conciliation or an informal redressal mean under the PoSH Act?
The conciliation process currently outlined in the PoSH Act 2013 creates numerous checks and balances to ensure that the process is effective and takes into consideration the seriousness of sexual harassment.
The PoSH Act 2013 highlights that it is entirely the choice of the complainant as to which process the IC should be taking. Unlike many other jurisdictions, the PoSH Act 2013 specifically outlaws any monetary settlement through this process.
Envisaging a scenario where the parties may find the outcome ineffective, the PoSH Act 2013 allows the parties to revert to the formal process of redressal.
The conciliation process can be beneficial in complaints where the complainant does not wish to go through the inquiry process but still receives a resolution of the complaint of sexual harassment.
Serein insights
The proposed amendments to the PoSH Act 2013 are still in the early stages and have not yet been implemented. These proposed changes will undergo multiple parliamentary processes before they become law. Therefore, there is currently no immediate action required for compliance with the PoSH Act 2013.