False workplace sexual harassment complaints: How to identify & redress them

Would you be able to work at a place where you did not feel safe? Of course not!?

In 2013, India set into motion the Prevention of Sexual Harassment at the Workplace (POSH) Act, which has been a gamechanger for working women in our country. The main aim of the act is to prevent, prohibit, and redress any case of sexual harassment at work.

But a question that often gets asked is – what if some women make false complaints? Won’t the accused person’s career and reputation be ruined?

Let’s look at what the law says.

What happens when a Workplace Sexual Harassment complaint is filed??

If a woman faces any act of sexual harassment at work, be it physcial, verbal, or non-verbal, she must file a complaint with the company’s Internal Committee within three months of the incident (the comittee can extend this period with reasonable cause).

Once a complaint is filed, the woman can choose which process of redressal she wants – conciliation or an inquiry. If she chooses an inquiry, the committee has to conduct a thorough and respectful inquiry into the matter, taking into account statements from both parties, witnesses, evidence, and any other relevant information.?

If the complaint is found to be false and made with malicious intent, or the complainant has knowingly given false evidence, the committee has the right to take action against the woman (as per Section 14 of the POSH Act).

But does that mean a lack of evidence or witnesses means she made a false complaint? Let’s consider a case to understand this better.

Anita Suresh vs Union Of India & Ors???

The facts: On 8th August, 2011 Anita Suresh, the Assistant Director at the ESI Hospital in Gurgaon, filed a workplace sexual harassment complaint against the hospital’s Deputy Director, Verma.?

The complaint stated that Verma subjected Anita to sexual harassment multiple times by telling her statements that had sexual connotations. After conducting an inquiry, the hospital’s Internal Committee decided that the complaint could not be proven since there were no witnesses and Anita could not provide a clear statement about the exact language Verma used.?

The committee recommended a transfer for both Anita and Verma to ‘maintain harmony at the organization’.?

The verdict: Unhappy with this order, Anita filed a petition with the High Court of Delhi. In an unexpected turn of events, the Single Judge of Delhi High Court ruled that the complaint was false and frivolous, since the evidence was insufficient. The court levied a fine of Rs. 50,000 on her and ordered the hospital to take appropriate action against her.

Further inquiry: Anita was unwilling to give up. So she raised an appeal in the Division Bench of the High Court. She finally received justice when the Division Bench allowed her appeal.?

The bench noted that just because the evidence could not be corroborated, it did not mean her complaint was false. Further, the hospital’s Internal Committee should not have transferred Anita, and the High Court was wrong to rule the case as a false complaint when Verma admitted to his actions (although he denied the intent).?

So what is the Internal Committee’s duty in such cases?

Anita’s case is a powerful reminder that there are serious consequences for filing a false complaint. At the same time, it is also a call for Internal Committees to relook at how they conduct inquiries and what they recommend.

The committee’s responsibility is not to seek hard evidence as in a criminal case, but to consider the woman’s statement with an unbiased approach to see if it has a ring of truth. With so many members, including an outsider, an Internal Committee should be well equipped to arrive at logical and empathetic conclusions.?

This rigorous process is not only beneficial for women, but safeguards men against false complaints as an effective redressal system gives men a fair opportunity to explain their conduct in a secure environment.?

A workplace is only safe if all the employees are aware of their rights and the Internal Committee is well trained to handle any complaints.?

So is your workplace set up to redress such situations? To learn more, visit lawcubator.com.

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Lawcubator is a SaaS-based platform for Indian and Canadian organizations to manage workplace HR regulations & legal compliances. We use top-notch animation-based e-learning content to explain legal concepts with simple, real-life examples. With Lawcubator, each employee at your company will be well-equipped with the relevant knowledge needed to thrive in a workplace!