Proposed amendments to the POSH Act. 2013

 

Two significant Bills were introduced in the Rajya Sabha on December 5, 2025, proposing fundamental changes to the Sexual Harassment of Women at the Workplace (Prevention, Prohibition and Redressal) Act, 2013 (POSH Act). The intent is clear: to make the law more inclusive, accessible, and stringent in its enforcement.

Key Changes Proposed Across Both Bills

1. Broader Scope and Gender Neutrality – One Bill proposes replacing the term “women” with “persons” throughout the Act.

  • Gender-neutral protection:
    The Act’s coverage would be expanded to protect persons of all genders from sexual harassment at the workplace. This aligns with constitutional principles and the NALSA judgment.
  • Inclusion of gig and platform workers:
    The definitions of “employee” and “employer” would explicitly include gig and platform workers.
  • Internal Committee representation:
    Where the complainant is of a gender other than female, an additional representative of that gender must be nominated to the Internal Committee or Local Committee.

2. Strengthening Complainant Rights and Enforcement – The second Bill focuses on improving procedures, timelines, and accessibility.

  • Extended complaint filing period:
    The time limit for filing a complaint would be extended from 3 months to 1 year.
  • Faster implementation of IC recommendations:
    Employers or District Officers must act on Internal Committee recommendations within 30 days, reduced from the earlier 60-day timeline.
  • Right to replace IC/LC members:
    A complainant may request the replacement of any committee member if trust or confidence is lost during the inquiry.
  • Stricter confidentiality provisions:
    Confidentiality obligations are strengthened, with penalties for disclosure of the complainant’s identity or inquiry details, including removal of the IC/LC member responsible for the breach.
  • Higher penalties for employers:
    The penalty for non-compliance would increase from ₹50,000 to ₹2 lakh.
  • More inclusive Local Committees:
    Local Committees must include representation from the informal sector (including domestic work, construction, gig work, etc.) to improve access to justice.

Why This Matters

These proposed amendments represent a significant step toward creating a truly inclusive and equitable legal framework for Indian workplaces. They also reinforce the importance of robust, accessible, and time-bound mechanisms for addressing workplace sexual harassment.