Calcutta HC: POSH limitation runs from last incident, not complainant's fear

The Calcutta High Court has clarified that the 3-month limitation period under Section 9 of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (POSH) is calculated from the date of the last incident of sexual harassment, not from fear or apprehension of future incidents.

A division bench of Justices Madhuresh Prasad and Prasenjit Biswas ruled on a case where a contractual Data Entry Operator at the West Bengal CID office alleged inappropriate physical contact by a DSP between September 2021 and July 2022. The woman filed a complaint in January 2023 after apprehending possible re-posting under the same DSP. The Internal Complaints Committee had found the allegations true and recommended action, but the Administrative Tribunal set aside the report.

The court's ruling affirms that the Act does not recognize mere apprehension or fear as grounds for extending the complaint period. The judgment addresses the critical interpretation of limitation periods in workplace sexual harassment cases.