POSH Amendment Act 2024

In recent years, the compliance with statutory workplace laws, including the POSH Act, has become mandatory for organizations across India. The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 was enacted to prevent sexual harassment and to ensure a safe, secure, and dignified working environment for women. To further strengthen the provisions of the existing legislation, the Rajya Sabha introduced the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Amendment Bill, 2024 on 2 February 2024. It is important to note that this amendment is currently proposed and has not yet been enacted into law.

Key Takeaways of the Proposed Amendments in the Bill?

What is the extra added with the existing bill, enacted in 2013. Here are the following highlight of the Amendment proposes,

•  The complaint can now be filed within 1 year from the date of the incident or last incident
• The earlier cap of a maximum extension has been removed.
• IC/LC can allow further extension without any upper time limit, if justified by circumstances.

A Brief about the POSH Amendment 2024

Here is the detailed description about the new updates POSH Amendment bill for 2024.

1. Extension of Time Limit for Filing Complaints (Amendment to Section 9)

Under Section 9 of the POSH Act, 2013, a survivor was required to file a complaint within 3 months of the incident. The Act permitted a further extension of up to three months only if the Internal Committee was satisfied that valid circumstances prevented timely filing. This limitation often poses challenges for survivors who may require more time to recover from emotional trauma and come forward.

The proposed amendment seeks to extend the time limit for filing a sexual harassment complaint from three months to twelve months from the date of the incident. Furthermore, it empowers the Internal Committee to condone delays beyond this period, based on the facts and circumstances of each case.

2. Removal of Conciliation Provision (Omission of Section 10)

Along with revising Section 9, the proposed amendment introduces significant changes to Section 10 of the POSH Act. Section 10 currently primarily permits the resolution of complaints through conciliation, allowing matters to be settled outside the formal inquiry process. However, in practice, this provision has raised concerns, as survivors may face pressure or coercion to accept settlements, thereby undermining their dignity and legal rights.

To address these concerns, the Amendment Bill proposes the complete removal of the conciliation provision. This change aims to ensure that all complaints of sexual harassment are addressed strictly through formal inquiry mechanisms, reinforcing due process and safeguarding the rights of the aggrieved woman.

How Pocket HRMS helps enforce POSH regulations?

Pocket HRMS is among the first HRMS solutions to integrate a comprehensive free E-POSH software, setting a strong benchmark in workplace safety, compliance, and employee protection. Powered by secure automation, this module helps employees report against workplace harassment in a confidential and compliant manner. It includes features such as complaint delegation, complaint timelines, automated email notifications, and centralized tracking, ensuring transparency, accountability, and procedural efficiency.

Below is an overview of the key features offered by the Pocket HRMS E-POSH module:

➔ Seamless Complaint Registration

The Pocket HRMS platform helps employees to register POSH complaints through a simplified interface within their ESS portal. These complaints are analysed directly by the Internal Committee (IC) members, with enhanced transparency. Besides, it also enables employees to register complaints on behalf of their colleagues, while maintaining strict confidentiality throughout the process.

➔ Internal Committee Management

Pocket HRMS also facilitates the creation and management of the Internal Committee (IC), who are responsible for processing the complaint and providing quick resolution. The platform supports unbiased decision-making and structured report generation. In alignment with the proposed POSH Amendment Bill, the system allows IC members to review complaints filed beyond the initial reporting period, subject to valid circumstances. Additionally, IC members can delegate complaints to other IC members through the platform, if required, to further streamline the process.

➔ POSH Complaint Report Generation

The E-POSH module enables IC members and employers to generate comprehensive POSH Annual Reports within a well-defined framework. While earlier provisions under Section 10 of the POSH Act allowed conciliation prior to a formal inquiry, with the revised framework, the submitted complaints are addressed solely through formal inquiry mechanisms.

➔ Complaint Tracking and Notifications

Additionally, Pocket HRMS offers a centralized complaint tracker that allows complainants to monitor the status and progress of their POSH cases in real time. Automated email notifications keep all the survivors informed at each stage, enhancing transparency and trust in the redressal process. The inclusion of a complaint timeline further provides the employees with added transparency.

Also Read:  Prevention of Sexual Harassment (POSH) Act India

End Note

The new revision of POSH Amendment Bill, 2024 strengthens workplace safety by tightening compliance, clarifying employer responsibilities, and improving accountability. By addressing practical gaps in implementation, it aims to ensure faster, fairer redressal of complaints. Its success ultimately depends on effective enforcement, awareness, and organizations adopting a genuine zero-tolerance approach toward workplace harassment.