Malicious or not….

One of the common questions that comes across in POSH sessions Is- Why should we believe in such a law, as we know that Women often file a false complaint. I am sure all my fellow POSH Trainers would have come across this question at least once. Had I not been POSH Trained myself or didn’t undergo POSH certification along with continuous practice of POSH Sessions, I would have found it a very controversial? question, to even reply.

Truth often has two sides, but the law doesn’t exclude any, the respondent or complainant both get to voice the facts. Such is the power of Natural Justice. Unfortunately we keep reading and hearing about instances ( even outside workplace) that a complaint has been filed and may be it is malicious in nature and there are so many narratives and stories around it.

?But here is my question for you- Would you actually declare someone ( respondent) guilty? of a Sexual Harassment of a Woman at Workplace, without actually having your facts and findings in place? If your answer is NO, then let me you ask you this- Would you actually declare the complainant ( woman) guilty of malicious complaint, without actually having your fact finding in place? The answer would be NO.

?No one can be held guilty till it is proven to be guilty. It is often a misconception that a Woman filing a Sexual Harassment complaint is therefore false, it also a common misconception that a man ( respondent) has committed a Sexual Harassment, either way it is subject to findings and is left to findings alone. There is no room for assumptions and biases here.

A complainant cannot be called malicious till such time it is proven to be malicious, like wise a person ( respondent) cannot be held guilty till such time it is proven that the person is guilty. This may sound easier said than done, but IC is enabled to uncomplicate matters and this why IC training and sensitization is mandatory.

Picture this, that in your Organization you hear about a Sexual Harassment complaint being filed, but you aren’t able to conclude it all. What can be a natural response , A. Don’t let rumors fly, ask the complaint to keep quiet, without having to hear what she has to say.. B. Get the respondent to apologize ( without giving him a chance to say something) or C. Get someone( Internal Committee) to hear both sides and then find a conclusion. From an onlookers perspective, C seems to be the most viable option. But hold on , how do you know that ?IC would do the right thing? ?Afterall no one knows the truth. So this is exactly when POSH Awareness and IC Skill building is necessary.

?Building a POSH Awareness is not all about compliance ( compliance is a start) is actually having a mindset of being prepared should they need to, its also about building a culture that is respectful and safe. Of course if there is no complaint made, everyone is happy,? but If the same complainant files her complaint outside the organization then it gets even uglier and highly regrettable.

Sexual Harassment is actually a violation of code of conduct and it shouldn’t be treated any differently. Having a code of conduct in place and having a robust Anti Sexual Harassment policy in place that also includes the POSH Law and POSH Policy for Women is a boon for the organization!!

( Authored by : Shayanti Roy , POSH Certified Trainer and Behavioral Trainer for Corporates.