The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 and Rules, 2013 (“POSH Law”) was enacted to provide a safe and secure working environment for women.
On 2nd February 2024, a Private Member’s Bill titled the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Amendment Bill, 2024 (“Amendment Bill”) was introduced in the Rajya Sabha by Dr. Sasmit Patra. It is important to note that this is a proposed amendment and has not yet become law.
What are the Proposed Amendments in the Bill?
1. Extension of Time Limit for Filing Complaints (Amendment to Section 9):
- The proposed amendment seeks to extend the time frame for filing a complaint of sexual harassment from the existing three months to twelve months from the date of the incident. Additionally, it allows the Internal Committee the discretion to condone delays beyond this period based on the circumstances of the case.
2. Removal of Conciliation Provision (Omission of Section 10):
- The Bill proposes to remove the provision that currently allows for conciliation between the complainant and the respondent before initiating a formal inquiry. This change is intended to ensure that complaints are addressed through formal inquiry procedures rather than through settlement.
What is the Current Status of the Bill?
The Amendment Bill remains under consideration and has not been passed by both Houses of Parliament, nor has it received Presidential assent.
Bill vs Law:
In the legislative process of India, a Bill is essentially a draft proposal for new legislation or an amendment to existing legislation. It must undergo several stages of scrutiny, debate, and approval in both the Lok Sabha and the Rajya Sabha.
Only after it has been approved by both Houses and has received the President’s assent does it become an Act and attain the status of Law.
The proposed amendment is only a ‘Bill’ and not a ‘Law’.
Therefore, until the proposed amendments are formally enacted, the provisions of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 and
Rules, 2013 remain in full effect and continue to govern the redressal mechanisms for sexual harassment in the workplace.
We will continue to monitor the progress of this Amendment Bill or any other amendments to the POSH Law and provide updates as they become available.
You can download the proposed amendment here.