Introduction

The Prevention of Sexual Harassment (POSH) Act, 2013, has been a cornerstone in ensuring safer workplaces for women across India. Over the past decade, it has shaped compliance mechanisms, awareness programs, and redressal procedures in organizations of all sizes. However, evolving workplace realities, persistent challenges in reporting, and concerns about the fairness of resolution processes have necessitated legal updates.

In 2024, the proposed POSH Amendment Bill was introduced, aiming to strengthen survivor-centric mechanisms while reducing ambiguities faced by employers and Internal Committees (ICs). Two of the most significant changes under this amendment include extension of filing timelines for complaints and the removal of the conciliation option. These reforms mark a major shift in how complaints will be filed, processed, and adjudicated under workplace law.

Overview of the 2024 Amendment Bill

The POSH Amendment Bill, 2024 seeks to enhance access to justice for aggrieved women while ensuring stronger accountability for employers and ICs. The key highlights of the bill are:

1. Extended Filing Timelines – Previously, a complaint had to be filed within 3 months of the incident (extendable to 6 months in exceptional cases). The amendment now proposes a longer window for survivors to lodge complaints, acknowledging that victims may often delay reporting due to trauma, workplace pressure, or fear of retaliation.
2. End of Conciliation – Earlier, before initiating an inquiry, the complainant could opt for conciliation (settlement without monetary terms). This option has now been removed in the 2024 bill, as it was often criticized for allowing power dynamics to silence survivors and for creating informal settlements that bypassed accountability.
3. Greater Compliance Duties for Employers – With the timeline expansion and stricter inquiry rules, employers and ICs must adopt robust documentation, awareness, and training systems to ensure full compliance and minimize legal risks.

Current vs. Proposed Changes at a Glance

Extended Filing Timelines

Existing Provisions

Under the current framework of the POSH Act, 2013, an aggrieved woman must file a complaint of sexual harassment with the Internal Committee (IC) or Local Complaints Committee (LCC) within three months from the date of the incident. In cases where there are multiple incidents or a continuing offence, the period of limitation is calculated from the date of the last incident. Additionally, the IC or LCC has discretionary power to extend this filing period by another three months, provided the complainant demonstrates sufficient cause for the delay. Beyond this six-month maximum, complaints are considered time-barred.

This limitation often posed challenges, particularly for survivors who may hesitate to come forward immediately due to fear, trauma, stigma, or workplace power dynamics. Many genuine complaints were dismissed solely because they did not meet the strict statutory timeline, thereby defeating the broader purpose of providing a safe workplace.

Proposed Change

The 2024 Amendment Bill introduces a significant shift by extending the statutory timeline for filing complaints to one year from the date of the incident. More importantly, it empowers the IC or LCC to grant an unlimited extension in cases where sufficient cause is shown. This means that survivors who may take longer to process their experiences or overcome institutional barriers will not be denied justice simply due to procedural timelines.

This provision reflects a more survivor-centric approach, aligning the POSH framework with the reality of delayed reporting in cases of sexual harassment. It also ensures that technicalities like deadlines do not overshadow the substantive right to a safe workplace. However, it simultaneously places greater responsibility on ICs and LCCs to evaluate delayed complaints with sensitivity, while also balancing fairness towards the respondent.

Practical Implications

1. Greater Access to Justice: Survivors who were previously time-barred can now come forward even after long delays, ensuring more women feel empowered to report harassment.
2. Increased Responsibility for ICs and LCCs: The discretion vested in these bodies will now be broader. They must carefully record reasons while granting extensions, balancing fairness to the complainant with safeguards for the respondent.
3. Risk Management for Employers: Organizations may face complaints relating to incidents that occurred much earlier than anticipated, requiring better documentation, record-keeping, and workplace culture audits to defend themselves effectively.
4. Alignment with Global Standards: Internationally, many jurisdictions follow more flexible limitation periods in sexual harassment matters. India’s new provision aligns workplace rights more closely with such global best practices.

Removal of Conciliation Mechanism

Current Role of Conciliation under Section 10

Under the existing provisions of the POSH Act, 2013, Section 10 allows the complainant, before the commencement of a formal inquiry, to request conciliation as a means of resolving the complaint. This process is strictly voluntary and cannot be initiated without the complainant’s consent. Importantly, monetary settlement cannot be the basis of conciliation, and any outcome must ensure that the dignity and rights of the complainant are preserved. Once conciliation is successfully completed, the Internal Committee (IC) records the settlement and no further inquiry is carried out on the matter.

This mechanism was originally intended to provide a quicker, less adversarial, and non-punitive avenue for resolving workplace sexual harassment complaints, particularly in cases where the complainant sought acknowledgment, apology, or corrective measures rather than a full-scale inquiry and punitive action.

Why Conciliation is Proposed to be Omitted

The 2024 Amendment Bill proposes to entirely remove the provision for conciliation. The rationale behind this move lies in the recognition of several structural flaws in the existing system:

1. Risk of Pressure and Coercion – Even though conciliation is meant to be voluntary, in practice complainants may face subtle or overt pressure from employers, colleagues, or even members of the IC to “settle” the matter quietly, rather than proceed with a full inquiry. This often compromises the autonomy of the complainant.
2. Undermining Accountability – Allowing a matter of sexual harassment to end with conciliation, often without punitive consequences for the respondent, dilutes the seriousness of the misconduct and fails to uphold a strong culture of zero tolerance.
3. Conflict with Principles of Justice – Sexual harassment is not merely an interpersonal conflict but a violation of fundamental workplace rights. Resolving such cases through private settlements often disregards the public dimension of accountability and workplace safety.
4. Global Best Practices – In line with international workplace harassment frameworks, conciliation in sexual harassment cases is increasingly discouraged, as it shifts focus away from institutional responsibility to ensure safe workplaces.

Implications for Complainants and Process Integrity

The removal of conciliation will have significant implications for how complaints are handled going forward:

• Stronger Institutional Response – Every complaint will necessarily be subjected to a formal inquiry by the IC or Local Committee (LC), ensuring that allegations are investigated thoroughly and impartially, rather than being resolved informally.
• Enhanced Complainant Protection – Complainants will no longer risk being coerced into settlements that may not reflect their actual needs or interests. Instead, their grievances will be formally addressed within the statutory process.
• Increased Accountability for Respondents – Respondents will face greater scrutiny, as cases cannot be disposed of without inquiry. This ensures that sexual harassment is treated as a serious workplace violation rather than a negotiable dispute.
• Cultural Shift in Workplaces – By eliminating the possibility of quiet settlements, the amendment sends a strong message that sexual harassment complaints demand institutional redress, thereby strengthening workplace culture of trust and safety.

Legislative Process & Current Status

Bill’s Introduction in Rajya Sabha (February 2024)

The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Amendment Bill, 2024 was formally introduced in the Rajya Sabha in February 2024. Its introduction was driven by the recognition that the existing 2013 law, though pathbreaking in laying down mechanisms for workplace safety, required strengthening in terms of procedural timelines, accountability mechanisms, and ensuring smoother redressal of complaints. The bill was tabled for discussion with the objective of bringing consistency between statutory law and the challenges highlighted by judicial interpretation, policy reports, and workplace realities.

Approval Status as of Mid-2025

As of mid-2025, the Bill has not yet been enacted into law. It has undergone initial rounds of debate in the Rajya Sabha and was referred to the Parliamentary Standing Committee on Personnel, Public Grievances, Law and Justice for detailed review. The Committee has held consultations with experts, representatives of women’s organizations, industry stakeholders, and legal practitioners. While broad support exists for the intent of the Bill—particularly the extension of filing timelines and clearer accountability for employers—some provisions, such as the removal of conciliation and the absence of safeguards against misuse, have generated debate. Consequently, the Bill remains pending for a more comprehensive consideration before both Houses of Parliament.

Expected Next Steps

For the Bill to become law, it must pass through several stages in the legislative process:

1. Committee Report Submission – The Standing Committee is expected to finalize its recommendations in the upcoming parliamentary session. These recommendations will influence possible amendments to the draft before it is placed again for consideration.
2. Rajya Sabha Debate and Vote – Once the report is submitted, the Bill will be brought back to the Rajya Sabha for clause-by-clause discussion, debate, and voting.
3. Lok Sabha Consideration – After approval in the Rajya Sabha, the Bill must be introduced in the Lok Sabha, where it will undergo another round of debate and approval.
4. Presidential Assent – Following passage by both Houses, the Bill will be presented to the President of India for assent, after which it will be notified as law.

Given the current legislative pace and the presence of other priority bills on the parliamentary agenda, the POSH Amendment Bill is not expected to become law before late 2025 or early 2026. However, its pending status has already sparked broader discourse in workplaces and compliance circles, prompting many organizations to proactively revisit their internal mechanisms to align with the proposed changes.

Impacts on Employers and Internal Committees (ICs)

The 2024 proposed amendments to the POSH Act are poised to bring significant changes in how employers and ICs operate. While they aim to enhance survivor access to justice and streamline processes, they also introduce practical challenges that organizations must anticipate and manage effectively.

Positive Outcomes of Longer Filing Window

1. Greater Accessibility for Complainants: Extending the complaint filing period to one year with discretionary unlimited extensions ensures that survivors who were previously time-barred can now seek redress. This reduces the pressure to report immediately after the incident, allowing victims time to process trauma, seek legal advice, or navigate workplace dynamics.
2. Enhanced Justice and Workplace Confidence: By removing rigid timelines, the amendment reinforces the principle that justice should not be denied due to procedural technicalities. Employees are more likely to trust the IC and internal complaint mechanisms when they know that delays will not automatically nullify their right to raise a grievance. This can contribute to a safer and more transparent workplace culture.
3. Improved Documentation and Compliance Practices: The extended window encourages organizations to maintain comprehensive records of workplace complaints, training sessions, and preventive measures. It also incentivizes employers to periodically audit their IC processes, ensuring that every complaint is traceable and handled consistently.

Challenges for Employers and ICs

1. Evidence Management: Complaints filed after longer periods may encounter challenges related to availability and authenticity of evidence. Witness recollections may fade, digital records may be incomplete, and corroborating documentation may be harder to obtain. ICs must develop robust evidence management protocols and secure records proactively.
2. Memory Lapses and Procedural Delays: Extended filing periods can lead to delays in inquiry proceedings, particularly when ICs must investigate older incidents. Respondents may contest complaints based on memory gaps or lack of evidence, potentially complicating the inquiry process and increasing administrative workload for ICs.
3. Organizational Preparedness: Employers may face challenges in tracking multiple complaints over long durations, coordinating with HR and legal teams, and ensuring timely resolution without violating statutory deadlines or compromising confidentiality.

Removal of Conciliation: Gains and Trade-offs

1. Gains
   • Ensures Formal Inquiry: Every complaint now proceeds to a structured inquiry, preventing premature or coerced settlements.
   • Strengthens Accountability: Respondents are held to formal investigation standards, reinforcing a culture of zero tolerance for harassment.
   • Protects Complainants: Eliminates the possibility of subtle pressures to settle, safeguarding the survivor’s rights and dignity.
2. Trade-offs / Challenges
   • Increased Workload for ICs: Without conciliation, ICs must conduct inquiries for all complaints, including minor or easily resolvable disputes, potentially stretching committee capacity.
   • Longer Resolution Timelines: The absence of conciliation may extend the overall duration of complaint resolution, requiring better procedural planning.
   • Employer Burden: Organizations may need to invest more in training, documentation, and legal advisory to manage the increase in formal inquiries.

Overall, while the amendments enhance survivor access and process integrity, employers and ICs must proactively strengthen internal mechanisms, adopt clear procedural frameworks, and build capacity to handle delayed complaints effectively, without compromising fairness or confidentiality.

Implementation Readiness: Preparing Organizations for POSH 2024 Amendments

The 2024 POSH Act amendments bring transformative changes, requiring employers and Internal Committees (ICs) to reassess and strengthen their compliance mechanisms. Effective preparation is essential to ensure smooth implementation, timely resolution of complaints, and legal safeguarding of all stakeholders.

Policy and Procedure Changes Needed in Organizations

1. Updating Internal Policies: Organizations must revise their sexual harassment policies to reflect the extended filing timelines and removal of conciliation. Key updates should include:
   • New complaint submission deadlines (one year plus discretionary extensions).
   • Clear instructions on inquiry procedures when conciliation is no longer an option.
   • Steps for handling delayed complaints while ensuring fairness to respondents.
   • Confidentiality protocols consistent with Section 16 of the POSH Act.
2. Document Retention and Record Management: Employers need robust systems for archiving past complaints, witness statements, and digital evidence, since complaints may now be filed long after the original incident. Secure storage and proper indexing of records will support IC inquiries and legal compliance.
3. Revised Standard Operating Procedures (SOPs): SOPs should outline:
   • Timelines for IC investigation in line with statutory and internal policies.
   • Escalation channels for cases requiring HR or legal intervention.
   • Reporting mechanisms to higher management or statutory authorities while maintaining confidentiality.

Training and Capacity Building for ICs

1. Awareness of Amendments: IC members must be trained on the changes introduced in the 2024 amendments, including extended timelines, mandatory inquiry processes, and elimination of conciliation. This ensures consistent application across all complaints.
2. Enhanced Investigation Skills: ICs need specialized training in:
   • Handling delayed complaints sensitively.
   • Managing evidence, including digital communications, emails, and CCTV footage.
   • Conducting impartial inquiries while protecting the rights of both complainant and respondent.
3. Capacity Planning: With conciliation removed, the volume of formal inquiries may increase, requiring ICs to prepare for additional administrative workload. Organizations should consider:
   • Increasing the number of trained IC members.
   • Providing access to legal advisors for complex cases.
   • Allocating resources for confidential documentation and case tracking.

Preparing HR and Legal Teams for Extended Timelines

1. Legal Preparedness: Extended filing periods may lead to complaints relating to older incidents, increasing the risk of procedural and evidentiary challenges. Legal teams should:
   • Familiarize themselves with handling delayed complaints.
   • Develop protocols for preserving and validating historical records.
   • Coordinate with ICs to ensure inquiries comply with statutory requirements.
2. HR’s Role: HR must ensure that all employees are aware of their rights and complaint mechanisms, especially under the new timeline provisions. HR teams should:
   • Conduct periodic awareness sessions and refresher trainings.
   • Maintain logs of workplace awareness initiatives, training attendance, and communication campaigns.
   • Act as a bridge between ICs, legal teams, and employees to ensure smooth procedural compliance.
3. Organizational Communication: Clear communication about the amended POSH policies is critical to prevent misunderstandings and build trust. Policies should be accessible, written in simple language, and incorporated into employee handbooks, induction programs, and internal portals.

Comparative & Strategic Insights

The 2024 POSH Act amendments reflect India’s evolving approach to workplace sexual harassment, bringing it closer to global standards in several ways while also presenting unique challenges.

Alignment and Differences with Global Best Practices

1. Extended Filing Timelines
   • Many jurisdictions, such as the United States, Canada, and the UK, allow survivors of workplace harassment to file complaints within longer periods, sometimes up to several years, acknowledging that trauma and fear can delay reporting.
   • India’s proposed extension to one year, with discretionary unlimited extensions by the IC/LCC, brings it closer to these global standards, making the law more survivor-centric.
2. Removal of Conciliation
   • Globally, formal investigation mechanisms are prioritized over voluntary settlement in cases of harassment, especially where power imbalances exist.
   • India’s removal of conciliation aligns with best practices in countries like Canada and Australia, where informal settlement is discouraged in cases involving sexual misconduct to protect complainants from coercion.
3. Mandatory Inquiry Procedures
   • Structured, impartial inquiry committees are a common feature in international frameworks. India’s strengthened IC requirements, post-amendment, reflect this trend, emphasizing formalized processes and accountability.
4. Cultural and Legal Context Differences
   • Unlike some jurisdictions where statutory bodies directly oversee investigations (e.g., the US Equal Employment Opportunity Commission), India continues to rely on internal committees and LCCs, highlighting the need for strong organizational implementation.
   • Extended timelines and mandatory inquiries aim to balance workplace autonomy with legal oversight, a uniquely Indian solution tailored to organizational diversity and legal realities.

Lessons from Other Jurisdictional Reforms

1. Proactive Training and Awareness
   • Global reforms show that extended timelines are only effective when employees are aware of complaint mechanisms and ICs are trained adequately.
2. Documentation and Evidence Management
   • Organizations in the UK and Australia maintain structured case files and confidential digital records to manage delayed complaints, a practice Indian employers will need to adopt.
3. Legal and Cultural Safeguards
   • Countries with strong anti-harassment frameworks emphasize non-retaliation policies and regular audits. India can integrate similar measures to complement the amendments and ensure workplace safety.

Conclusion & Next Steps for Employers

The 2024 POSH Act amendments mark a significant evolution in India’s workplace harassment framework, introducing longer filing timelines, removal of conciliation, and a stricter formal inquiry process. These changes enhance survivor access to justice and strengthen accountability but also require organizations to adapt strategically.

Strategic Tips for Readiness

1. Policy and Procedure Updates
   • Revise internal POSH policies to reflect extended filing timelines and mandatory inquiry procedures.
2. Training and Capacity Building
   • Conduct workshops for IC members, HR, and legal teams on handling delayed complaints, evidence management, and inquiry protocols.
3. Robust Documentation Systems
   • Establish secure mechanisms for storing records of past complaints, workplace communications, and training logs.
4. Communication and Awareness
   • Regularly inform employees about complaint mechanisms, timelines, and protections against retaliation.
5. Legal Monitoring
   • Continuously track legislative developments to ensure organizational compliance once the amendments are enacted.

By proactively implementing these measures, employers and ICs can ensure compliance, fairness, and workplace safety, while fostering a culture where employees feel confident to report harassment without fear. The amendments emphasize that workplace safety is not just a legal requirement but an essential part of organizational responsibility and risk management.