The Delhi High Court has held that the POSH Act’s Section 18 appeals are subject to the Section 5 Limitation Act. “The victim of sexual assault remains in a condition of distress and it cannot be anticipated that she would instantly rush to a Court seeking appellate remedies,” the bench of Justice C. Hari Shankara ruled.
In this case, the bench had to decide whether appeals under Section 182 of the Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redress) Act, 2013, would be covered by Section 5 of the Limitation Act of 1963.
According to the Delhi High Court, Section 18(2) of the SHW Act imposes a deadline for submitting an appeal under Section 18(1) that is not specified in the Limitation Act. Additionally, it is evident that the SHW Act makes no mention of the Limitation Act or any of its provisions, either explicitly or implicitly.
After citing the case of Commissioner of Customs & Central Excise v. Hongo India Pvt. Ltd., the High Court ascertained that when dealing with a statute that does not allow for the condonation of delay, the Court must examine the provision under which the appellate, revisionary, or other remedy is provided in light of the Act’s goal, the nature of its subject matter, and its design in order to determine whether the delay is excused.
The SHW Act is an ameliorative act designed to address a major societal ill, according to the High Court. It is undeniable that victims of sexual harassment at work have untold emotional, bodily, and spiritual pain. Equally, the learned Counsel for the Petitioner’s argument that, in this context, a person who is falsely accused of committing sexual harassment is as much a victim of trauma as a person who has been exposed to it has definitely some weight.
According to the High Court, “Appeals that may be requested to be made under Section 18 of the SHW Act would be subject to Section 5 of the Limitation Act.”
Due to the aforementioned, the petition was denied by the High Court.
Case Name: Shailja Naqvi & Others v. DB Corp Ltd.
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