In a significant move, Bill No. I of 2024 has been introduced in the Parliament, suggesting amendments to the Sexual Harassment of Women at Workplace (Prevention, Prohibition & Redressal) Act, 2013, commonly known as the 'POSH Act.' Gazetted Notification No. 2, dated 2nd February, 2024, outlines these proposed changes aimed at enhancing the efficacy and addressing loopholes in the existing legislation.
Description | Current Provision | Proposed Amendment |
Complaint Filing Timeline | 3 months from the date of incident or last incident in case of a series of events | Extended to 1 year from the date of incident or last incident |
Time Limitation Extension | IC can extend limitation for up to 3 months from receipt of complaint | Provision removed, granting IC unlimited power to extend timeline |
Conciliation Provision | Section 10 allows for conciliation | Proposed to be omitted due to potential coercion and undermining of women's dignity |
Here are the key features of the proposed amendments:
Extension of Complaint Filing Timeline: Currently, the POSH Act mandates a timeline of three months from the date of the incident or, in the case of a series of events, three months from the date of the last incident, for filing a complaint. The proposed amendment seeks to extend this timeline to one year. This extension aims to provide victims with a more reasonable timeframe to come forward and report incidents of sexual harassment, considering the sensitive nature of such cases.
Removal of Time Limitation Extension Provision: Under the existing provisions, the Internal Committee (IC) has the authority to extend the limitation for a period of up to three months from the date of receipt of the complaint. However, the proposed amendment eliminates this provision. Once enacted, there will be no specific time limit, granting the IC unlimited powers to extend the timeline for submitting complaints. This change aims to ensure that victims are not unduly constrained by rigid timeframes when seeking redressal for instances of sexual harassment.
Omission of Conciliation Provision: Section 10 of the POSH Act, which provides for conciliation, is proposed to be omitted. The rationale behind this decision, as outlined in the Statement of Objects accompanying the Bill, is the recognition that this provision poses significant challenges. It fails to adequately consider the potential for influencing, coercing, pressuring, or intimidating the complainant into reaching a settlement. Legislators argue that attempting to reach a compromise in cases of sexual harassment undermines the dignity of women. Therefore, the proposed amendment seeks to remove this provision altogether.
It's important to note that these amendments will come into force on a date appointed by the Central Government through notification in the Official Gazette.
The proposed changes reflect a concerted effort to strengthen the legal framework for addressing sexual harassment in the workplace. By extending the complaint filing timeline, eliminating time limitation extensions, and omitting provisions for conciliation, the amendments aim to enhance the accessibility, fairness, and effectiveness of the POSH Act in providing redressal and protection to victims of sexual harassment.
