Important timelines to follow under POSH Act

In the last edition, I talked about the rights of the complainant and the respondent. In this edition of #todayinposh, I want to focus on some important timelines. The Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act, 2013 lays down specific timelines for the resolution of complaints of sexual harassment. Here are the key timelines:

• Filing of Complaint: The aggrieved woman must file a written complaint to the Internal Committee (IC) within three months from the date of the incident. In case of a series of incidents, it should be filed within three months from the date of the last incident. This timeline can be extended by an additional three months if there are valid reasons for the delay in filing the complaint.
• Inquiry Process: Once the complaint is received the IC must initiate an inquiry and complete it within 90 days. Please note that this is extremely important. During this time, all statements have to be recorded and minutes of the meeting have to be prepared and shared with all relevant parties, including complainant, respondent and witnesses. 
• Inquiry Report: Once the inquiry is over, the IC must submit the inquiry report with its findings and recommendations to the employer within 10 days from the date of completion of the inquiry. A copy of the findings should be given to both the aggrieved woman and the respondent. 

Failure to adhere to this timeline or delaying the inquiry process beyond this timeline can have serious consequences for both the employer and the Internal Committee (IC). These consequences can include penalties, invalidation of the inquiry process, and adverse judgments in court. Following are the potential outcomes:

• Invalidation of the Inquiry Process: If the IC does not complete the inquiry within the prescribed 90-day period or fails to submit the inquiry report within 10 days, the inquiry process may be considered invalid. This can lead to the entire process being redone, causing delays and potentially affecting the credibility of the IC.
• Penalties for the Employer: The employer may face penalties for non-compliance with the POSH Act. This includes a fine of up to INR 50,000. Repeated non-compliance can lead to higher penalties and potential cancellation of business licenses or registrations.
• Adverse Impact on Legal Proceedings: Non-compliance with timelines can adversely impact legal proceedings if the case is taken to court. The court may view the delay  as a failure to provide a fair and timely resolution, potentially resulting in judgments against the employer.

Timely action by the IC is crucial not only for compliance with the law but also for ensuring justice and maintaining the trust of employees in the internal redressal mechanism. Delays can cause distress to the aggrieved woman as well as the respondent (in some cases) and may lead to legal repercussions for the organisation.