Source: Calcutta High Court

Why in News?

Recently a bench of Justice Kausik Chanda allowed a petition related to limitation under Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (PoSH).

• The Calcutta High Court gave this observation in the case of X v. State of West Bengal & Ors.

What was the Background of Siddha Nath Pathak and Another v. State of Uttar Pradesh Case?

• The petitioner, an Associate Professor at a University, filed a complaint against Respondent No. 7 under the PoSH before the local committee, 24-Parganas (North).
• In her complain the petitioner alleged incidents of sexual harassment from September 2019 to April 2023, and subsequent victimization and detrimental treatment from April 2023 to December 21, 2023.
• By an order dated 05th March 2024, the local committee rejected the petitioner's complaint on the grounds of limitation.
  • The committee found that the last incident of alleged sexual harassment occurred within 30^th April 2023, but the complaint was filed on 26^th December 2023, beyond the limitation period under Section 9(1) of the PoSH Act.
  • The committee also rejected the petitioner's application for condonation of delay.
• Aggrieved by the local committee's order, the petitioner filed a writ petition before the Calcutta HC.

What were the Court’s Observations?

• The court found that the local committee failed to consider the incidents alleged to have occurred between April 2023 and 21^st December 2023, as "sexual harassment" within the purview of Section 3(2) of the Act of 2013.
• The court held that the allegations made in the complaint suggest that the circumstances of victimization and detrimental treatment allegedly taken place between April 2023 and December 2023 have a nexus with the alleged sexual harassment of the petitioner between September 2019 and April 2023.
• The court ruled that if the complaint is read as a whole, it would lead to the conclusion that the same was within the period of limitation under Section 9(1) of PoSH.
• The court set aside the order dated 5^th March 2024, passed by the local committee, and directed the local committee to conclude the proceedings initiated on the petitioner's complaint on merit in accordance with the provisions of the PoSH.

What is a Local Committee under PoSH?

• Section 6: Constitution and Jurisdiction of Local Committee -
  • Constitution: Every District Officer to constitute a "Local Committee" in the district to receive sexual harassment complaints from establishments without an Internal Committee or if the complaint is against the employer.
  • Nodal Officers: District Officer to designate nodal officers in rural/urban areas to receive and forward complaints to the Local Committee within 7 days.
  • Jurisdiction: Local Committee's jurisdiction extends to the areas of the district where it is constituted.
• Section 7: Composition, Tenure and Other Terms of Local Committee -
  • Composition:
    • Chairperson: Eminent woman social worker nominated by District Officer
    • 1 Member: Woman working in block/municipality nominated by District Officer
    • 2 Members: From NGOs/persons committed to women's cause (preferably one with legal knowledge and one from SC/ST/OBC/minority)
    • Ex-officio Member: Officer dealing with social welfare/women & child development
  • Tenure: Chairperson and Members to hold office for up to 3 years as specified by District Officer.
  • Removal: Chairperson/Member may be removed if they contravene provisions, are convicted, found guilty in disciplinary proceedings or abuse their position.
  • Fees/Allowances: Chairperson and nominated Members entitled to fees/allowances for conducting proceedings as prescribed.
• Amendment of 2016:
  • Before substitution through amendment in 2016, the term Local Committee was known as Local Complaints Committee.

What is Limitation Period under PoSH?

• Section 9(1):
  • Any aggrieved woman may make, in writing, a complaint of sexual harassment at workplace to the Internal Committee if so constituted, or the Local Committee, in case it is not so constituted, within a period of three months from the date of incident.
  • And in case of a series of incidents, within a period of three months from the date of last incident.
• Proviso 1: Assistance in Writing Complaint -
  • Where such complaint cannot be made in writing, the Presiding Officer or any Member of the Internal Committee or the Chairperson or any Member of the Local Committee, as the case may be, shall render all reasonable assistance to the woman for making the complaint in writing.
• Proviso 2: Extension of Time Limit -
  • The Internal Committee or, as the case may be, the Local Committee may, for the reasons to be recorded in writing, extend the time limit not exceeding three months, if it is satisfied that the circumstances were such which prevented the woman from filing a complaint within the said period.
• Complaint by Legal Heir or Others under Section 9(2):
  • Where the aggrieved woman is unable to make a complaint on account of her physical or mental incapacity or death or otherwise, her legal heir or such other person as may be prescribed may make a complaint under this section.