On February 2nd, 2024, Dr. Sasmit Patra, a member of the parliament introduced a Private Member Bill known as The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Amendment Bill, 2023, with a view to amend the Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act, 2013 (POSH Act).
The bill proposes the following two amendments:
a. Extension of Limitation period to file a Complaint
Section 9 of the POSH Act, states that “any aggrieved woman may make, in writing, a complaint of sexual harassment at workplace to the Internal Committee if so constituted, or the Local Committee, in case it is not so constituted, within a period of three months from the date of incident and in case of a series of incidents, within a period of three months from the date of last incident.
Provided further that the Internal Committee or, as the case may be, the Local Committee may, for the reasons to be recorded in writing, extend the time limit not exceeding three months , if it is satisfied that the circumstances were such which prevented the woman from filing a complaint within the said period.”
A summary of the above provision provides a limitation period of (3+3) 6 months within which a complaint of sexual harassment shall be filed by the Complainant. The proposed amendment recommends that the said limitation period must be extended to 1year. Which means a complainant can file a complaint within 1 year from the date of incident or from the date of last incident (in case of series of incidents).
b. Eliminating the Conciliation Process
Conciliation is one of the two redressal options provided under the POSH Act. Section 10 of the POSH Act provides for the option of Conciliation. “(1)The Internal Committee or, as the case may be, the Local Committee, may, before initiating an inquiry under section 11 and at the request of the aggrieved woman take steps to settle the matter between her and the respondent through conciliation: Provided that no monetary settlement shall be made as a basis of conciliation. (2) Where settlement has been arrived at under sub-section (1), the Internal Committee or the Local Committee, as the case may be, shall record the settlement so arrived and forward the same to the employer or the District Officer to take action as specified in the recommendation. (3) The Internal Committee or the Local Committee, as the case may be, shall provide the copies of the settlement as recorded under sub-section (2) to the aggrieved woman and the respondent. (4) Where a settlement is arrived at under sub-section (1), no further inquiry shall be conducted by the Internal Committee or the Local Committee, as the case may be.”
A summary of the above provision provides that at the request of the Complainant, the Internal Committee (IC) or the Local Committee (LC) as the case may take steps to settle the matter between the complainant and the respondent through conciliation. And where a settlement is arrived between the parties, then no inquiry shall be further conducted by the IC or LC as the case may be. The proposed amendment seeks to eliminate this provision, addressing concerns about coercion, pressure, or undue influence on complainants to settle. Moreover, by ensuring every case undergoes a formal inquiry, this amendment aims to reinforce the integrity of the justice process. And since the legislators argue that attempting to reach a compromise in cases of sexual harassment undermines the dignity of women, the proposed amendment seeks to remove this provision altogether.
The amendments suggested in the bill though considered by few as progressive in nature, have attracted mixed responses from the legal community who strongly feel that there is lack of clarity on the intention of the proposed amendments and the potential impact on workplace sexual harassment laws in India. Thus, though the Amendment Bill, 2024 has been introduced, it still remains pending as it has not undergone any discussions or attained approval by either house of parliament.