EMPLOYMENT UPDATE
21st February 2024
Issue No. 18/2023-2024
PROPOSED AMENDMENT TO THE SEXUAL HARASSMENT OF WOMEN AT WORKPLACE (PREVENTION, PROHIBITION AND REDRESSAL) ACT, 2013.
The Sexual Harassment of Women at Workplace (Prevention, Prohibition And Redressal) Act, 2013 (“POSH Act”) is India’s first legislation specially addressing the issue of sexual harassment faced by women in the workplace. It aims to create a safe working environment for women and redress their complaints of sexual harassment in an effective manner while keeping in mind that right to work with dignity are universally recognized human rights.
BACKGROUND:
The Supreme Court for the first-time recognized workplace sexual harassment in India in its Landmark Judgement of “Vishaka v. State of Rajasthan”, wherein the Supreme Court framed guidelines for the enactment of an appropriate law. After sixteen years of the Vishaka Judgement, the POSH Act was enacted in the year 2013.
APPLICABILITY OF THE POSH ACT:
The POSH Act applies to the whole of India. The Act defines an “aggrieved woman” as women of any age, whether employed or not, who alleges to have been subjected to any act of sexual harassment.
Therefore, it is not necessary for women to be an employee although it must be noted that in order to claim protection, the incident of sexual harassment shall take place at the workplace. The POSH Act is applicable only to women and not men.
AMENDMENTS TAKEN UNDER THE POSH ACT:
By a bill introduced in the Rajya Sabha on 2nd February 2024,
- Limitation period:
Earlier under section 9 of the POSH Act, a complaint of sexual harassment could be filed by aggrieved women within a period of three months from the date of the incident, in case of series of incidents, then from the date of last incident.
After the bill, a complaint can be filed within a period of one year from the date of incident or in case of series of incidents, from the date of last incident.
This has been done considering the cases involving sexual harassment cause aggrieved women to be so traumatised as to render filing of the complaint impossible until such time they have recouped their strength. Placing a maximum limit of six months on such complaints does great injustice to the aggrieved woman.
- Conciliation process:
The option of having an out of court settlement via conciliation under section 10 of the POSH Act has been revoked.
This section earlier provided the aggrieved women with the option of settling the complaint through conciliation. It has been found to be complex since it does not take into account the possibility of coercion or intimidation in order to arrive at a settlement.
CONCLUSION:
This bill introduced intends to remedy the limited problems of the short limitation period of filing of a complaint and the possibility of coercion of a complainant during the conciliation process by amending the POSH Act.
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