Diya, an experienced marketing professional, firmly believes in fostering a safe and respectful workplace. When a colleague was accused of sexual harassment, she actively supported a fair inquiry. However, during the investigation, it was discovered that the complaint was fabricated with malicious intent. This not only impacted the falsely accused individual but also weakened trust in the redressal system.
Initially, Diya was conflicted, should there be consequences for false complaints, or would penalising them discourage genuine complainants from coming forward? She learned about Section 14 of the Prevention of Sexual Harassment (PoSH) Act. This provision ensures that while victims have the right to seek justice, those who make false complaints with malicious intent can also be held accountable.
Understanding Section 14 of the PoSH Act
Section 14 of the PoSH Act addresses the consequences of filing false or malicious complaints. It stipulates that if an Internal Committee (IC) or Local Committee (LC) determines that a complaint was made with malice, disciplinary action can be taken against the complainant in accordance with service rules. However, it is to be noted that the inability to prove an allegation does not amount to a false complaint. This safeguards genuine complainants while deterring misuse of the law.
The Hon’ble High Court of Delhi, in Anita Suresh vs Union of India & Others, P (C) 5114/2015, dismissed a writ petition filed by the complainant and passed an order directing the petitioner/complainant to pay a fine of INR 50,000 for filing a false complaint and misusing the provisions of the PoSH Act.
How can organisations ensure fair implementation of Section 14?
Organisations need to implement Section 14 fairly, ensuring that redressal channels are not misused, while also protecting legitimate complaints. Companies must adopt a balanced approach by:
- Maintaining objectivity in complaint assessments: ICs must be trained to differentiate between unsubstantiated complaints and malicious ones. Every complaint should be assessed based on evidence and impact, preventing automatic labelling of unproven cases as false.
- Preventing misuse without discouraging genuine complaint: Strict action against false complaints should only be taken when malice is proven beyond doubt. At the same time, organisations must reassure employees that genuine complaints will always be taken seriously, encouraging a culture of trust.
- Conducting regular awareness sessions: Educating employees about their rights and responsibilities under the PoSH Act can prevent misunderstandings and misuse. Awareness programs should focus on both preventing harassment and understanding the implications of false allegations.
- Striking the right balance for workplace safety: Organisations must ensure that Section 14 is implemented with caution, preserving the integrity of workplace harassment laws while preventing their exploitation. Employees should feel empowered to report misconduct without fear, knowing that the redressal mechanism upholds justice for all parties involved.
For expert insights on workplace safety, fair PoSH compliance, and policy implementation, reach out to us at hello@serein.in.