The Allahabad High Court held that a workplace sexual harassment complaint under the POSH Act cannot be rejected merely because it was filed late. The Court ruled that authorities must first examine the reasons for the delay before dismissing the complaint.
The Allahabad High Court reiterated that complaints of workplace sexual harassment under the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (POSH Act) cannot be dismissed merely because they were filed late. The Court held that delay cannot be used as the sole ground for rejection unless the reasons behind the delay are first examined.
Justice Saurabh Shyam Shamshery made this observation while overturning disciplinary action taken against an Associate Professor of Astrophysics at the Harish Chandra Research Institute (HCRI), Prayagraj, and ordered that the matter be remitted to the Internal Complaints Committee (ICC) for a fresh inquiry.
The dispute stemmed from multiple sexual harassment complaints submitted by former female PhD scholars who had worked under the professor.
After conducting an inquiry, the ICC concluded that the professor was guilty and imposed penalties, including censure and a ban on supervising female PhD students or research assistants.
Before the High Court, the professor challenged the ICC’s findings. He argued that the complaints were submitted after the three-month period prescribed under the POSH Act.
He also claimed that he was not furnished with copies of the complaints and witness statements, which he said violated principles of natural justice.
The Court noted that the ICC’s report did not clarify whether the professor had been provided with the relevant documents and witness statements. It also observed that there was no discussion on any request for cross-examination made by the professor. For these reasons, the Court concluded that the inquiry was not conducted in the manner required under the POSH Act.
The High Court further emphasized that delayed complaints should not be automatically discarded. Referring to earlier Supreme Court observations, the Court noted that victims of workplace sexual harassment often hesitate to report incidents immediately, particularly when the alleged perpetrator holds a position of authority that could influence their academic or professional prospects.
The Court held that, before rejecting a complaint on the basis of delay, the ICC must examine, the length of the delay, the date the complaint was filed, and the reasons given by the complainants for approaching the committee at a later stage.
On this basis, the Court quashed the impugned order and directed the ICC to conduct a fresh inquiry. The ICC was instructed to determine whether the complaints deserved consideration after examining the issue of delay and the explanations offered by the complainants.
The ruling underlines the intent of the POSH Act, ensuring that procedural time limits do not become an obstacle to genuine complaints of workplace sexual harassment.
The POSH Act stands for the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013. It came into force on 9 December 2013 and aims to protect women from sexual harassment at the workplace while ensuring a safe working environment. It was enacted based on the principles laid down in the landmark Vishaka Guidelines.