Rainmaker ’s Post

View organization page for Rainmaker , graphic

10,189 followers

In a recent judgment, the Madras High Court has expanded the rights of aggrieved women under the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (the “PoSH Act”). The decision (link below) clarifies the application of deadlines for reporting sexual offenses, potentially offering the aggrieved women greater flexibility in seeking justice. The PoSH Act prescribes a time limit of 3 months for filing complaints against sexual harassment. However, in the present case of R. Mohanakrishnan v. Deputy Inspector General of Police (W.P. No. 10707 of 2024, W.M.P. Nos. 11796 and 11797 of 2024), the Court introduced a crucial distinction observing  - in cases of severe sexual assault causing "grave mental trauma," the deadline may not be a limiting factor (link below) for the aggrieved woman to file a complaint. The Court distinguished between isolated incidents of misconduct, which require timely complaints and serious allegations of sexual assault or molestation, which are considered "continuing misconduct" until redressed or reported. The Court's reasoning centers on the recognition that severe sexual assault can inflict lasting emotional distress on the aggrieved. This trauma may hinder the aggrieved woman’s ability to come forward immediately, causing delays in reporting. By acknowledging this reality, the Court allows for complaints to be filed even after a significant lapse in time (in this case, 4 years), as long as the assault caused "grave mental trauma." This judgment represents a significant victory for women who face sexual harassment at the workplace. It empowers them by acknowledging the complex emotional impact of such experiences and grants them more time to pursue legal recourse. What are your thoughts on this judgment? Think it’s fair? Let us know in the comments below and reach out to Rainmaker for further queries or assistance on PoSH matters. https://lnkd.in/g23Q3xuX https://lnkd.in/dwKCJCnU 📞 +91 90290 00180 ✉️ info@rainmaker.co.in 🌐 https://rainmaker.co.in/ #PoSHAct #WorkplaceHarassment #Rainmaker #VictimRights #LegalRecourse #MentalTrauma #JusticeForWomen #WorkplaceSafety #HarassmentReporting #CourtRuling

  • No alternative text description for this image

To view or add a comment, sign in

Explore topics