Supreme Court: Complaints Under PoSH Act Must Be Filed Within Six Months

The Supreme Court has ruled that complaints of sexual harassment in the workplace under the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (PoSH Act) must be filed within six months of the incident. The court clarified that failing to register a complaint within this time frame renders it liable to be dismissed.

 

A bench comprising Justice Pankaj Mithal and Justice Prasanna B. Varale upheld a decision by the Calcutta High Court and the Local Complaints Committee (LCC), which had dismissed a woman’s complaint on the grounds of being filed beyond the statutory time limit. The incident in question took place in August 2023, but the complaint was filed only in February 2024, well beyond the permissible period.

 

The court stated that the PoSH Act provides a strict six-month window for filing complaints, extendable by three additional months in exceptional circumstances. However, in this case, even the extended period had expired. The bench emphasized that adherence to this timeline is crucial for the integrity of the redressal process.

 

While dismissing the petition, the court also observed that although the accused may not be legally exonerated, administrative bodies like universities should still consider such incidents while maintaining official records. The court directed that the incident be included in the Vice-Chancellor’s biodata and service record, ensuring accountability even if formal action could not be taken.

 

The judgment reinforces the importance of timely reporting in workplace harassment cases and serves as a reminder that delayed complaints, unless justified by extraordinary circumstances, cannot be entertained under the PoSH framework.