Understanding the Amendments to PoSH Law Proposed in 2024

In the initial days of February, 2024, a “Private Member Bill” was introduced in the Parliament, proposing certain amendments to The Sexual Harassment of Women at Workplace (Prevention, Prohibition, Redressal) Act, 2013 commonly known as the PoSH Act 2013. The bill seeks to address and enhance measures concerning sexual harassment, aiming to update existing laws to meet the changing needs of society. In this article we will explore the key provisions outlined in the Amendment Bill of 2024.

In the Parliament, bills are broadly categorized into two types – a “Private Member’s Bill,” initiated by individual parliament members, and a “Public Bill” or “Government Bill,” introduced by Ministers. By far only 14 (fourteen) Private Bills have secured approval from both houses of Parliament, successfully transitioning into law.

On February 2, 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 2024, with a view to amend the PoSH Act, 2013.

It is pertinent to note that the Amendment Bill of 2024, introduced, has not undergone discussions or approval in both the houses of parliament. Furthermore, it has not obtained the necessary presidential assent to officially become an Amendment. As a result, the bill remains pending, aiming to modify two sections of The Sexual Harassment at Workplace Act, 2013.

• Extension of the time limit to file a complaint

Section 9 of the PoSH Act specifies that the window for submitting a sexual harassment complaint is set at 3 (three) months from the date of the incident, and in the case of a series of incidents, within 3 (three) months from the date of the last incident. This timeframe may be prolonged if the Internal Committee (IC) or the Local Complaints Committee (LCC) deems it necessary due to circumstances preventing the aggrieved woman from filing the complaint within the initial period. The current Amendment Bill of 2024 seeks to prolong the established time limit of 3 (three) months for filing a sexual harassment complaint to 1 (one) year from the date of the incident and, in the case of a series of incidents, within 1 (one) year from the date of the last incident.

• Eliminating the Conciliation Process

Section 10 of the PoSH Act outlines that the Internal Committee, upon the aggrieved woman’s request, has the authority to initiate conciliation procedures to resolve the matter with the respondent before commencing the inquiry process. The present Amendment Bill of 2024 seeks to eliminate Section 10, thereby abolishing the conciliation process entirely.

While it is currently challenging to determine the accuracy and reasoning behind the proposed amendments, a careful analysis of the potential impacts is crucial. On the positive side, the extension of the filing period could provide aggrieved women with more time to process their experiences and lodge complaints, addressing concerns that the existing 3 (three) month timeframe may be insufficient. Additionally, the removal of the conciliation process may ensure a more thorough inquiry into each complaint, preventing undue influence on women to opt for conciliation when they prefer the formal inquiry process.

However, there are potential drawbacks to consider. The extended filing period may raise concerns about the preservation of evidence, as memories may fade, and the effectiveness of evidence could be compromised over time. Moreover, the elimination of the conciliation process may lead to a lengthier redressal mechanism, with even minor complaints undergoing a full inquiry, potentially causing delays in resolution.

Drawing conclusions from a Private Members’ Bill can be challenging, as it may not necessarily reflect the broader trends in the industry and may solely represent an individual’s perspective. The proposed amendments, with their focus on granting increased flexibility to the aggrieved woman, aims to prevent any potential advantage for the wrongdoer to evade accountability, striking a balance between providing adequate time for victims to come forward and ensuring the timely and effective resolution of complaints. This will be essential in shaping a comprehensive and fair legal framework for addressing sexual harassment in the workplace. Ultimately, the fate of the Amendment Bill 2024 will depend on the deliberations, discussions, and decisions made in the parliamentary process.

If you have any queries on the Sexual Harassment of Women at Workplaces Act (Prevention, Prohibition & Redressal) Act 2013 commonly known as the PoSH Act 2013, or want to know more about our PoSH offerings and e-learning solutions, do reach out to us at info@kelphr.com, +91-9500129652.

About Kelp

Kelp was incorporated in 2013 to provide the best HR solutions to organizations, and to improve workplace culture across the board. Over the last 10 years, we have serviced more than 800 clients in India and a few overseas, across various industries in the areas of PoSH (prevention of sexual harassment at workplace), D, E & I (Diversity, Equity & Inclusion) and EAP. But the common objective of all of these services is to build safer, happier, inclusive and productive workplaces.

For our services related to Prevention of Sexual Harassment (PoSH), Diversity, Equity and Inclusion (D,E &I) or Employee Assistance programs (EAP) do get in touch with us at info@kelphr.com, call +91-95001-29652 and our advisors will help you with customized offerings suited to your organization.