Sexual Harassment at Workplace has been an alarming and debatable issue for decades. All the organizations around the globe whether small or large, are trying to deal with this pervasive issue as well as tackle the problems faced by women under the PoSH Act 2013, Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal). This Act works as a powerful and effective medium to provide a safe and healthy working environment to female employees. Women are often sexually suppressed in different ways like assault, mental torture, harassment, and so on at the workplace. According to this Act, if a woman gets harassed by a male colleague or by a third party then also it will come under Sexual Harassment. The Ministry of Women and Child Development Act 2013 implemented the PoSH Act on December 9, 2013.
The statutory provision of the Act is as follows:
Sexual harassment described under Section 2(n) of the Act is:
i. Any physical touch that makes a woman uncomfortable or disrespected.
ii. A request or demand for sexual favors from women.
iii. Making sexually colored remarks.
iv. Showing pornography at the workplace.
v. Any other unwelcome physical, verbal or non - verbal conduct of sexual nature.
The PoSH Act, 2013 aims at following stringent measures to deal with cases of sexual harassment and provide remedies to the affected victims. But at the same time, the Act also has provisions for false accusations or complaints made by some women to advance their vendetta. One surprising fact is that not many people are aware of these provisions that safeguard men if trapped in such obscene cases. Therefore, it’s crucial to address the problems faced by women at the workplace as well as build a redressal forum for men.
Redressal for False Complaints under the PoSH Act:
The POSH Act provides numerous safety measures to ensure the prevention of sexual harassment cases at the workplace and it also offers penalties as well as punishments to the offenders. The Act also gives provisions for the false complaints filed by some women against innocent men to advance their ulterior motives.
Initiation of Action against False Complaint:
The PoSH Act states that if the Internal Committee (IC) declares that either the complaint was false or fake evidence was presented to win the case, then IC may take strict action against the complainant as per the Applicable Service Rules of the Employer. As per the Act, if the complainant is guilty of producing fake evidence, then she will face similar consequences as the respondent.
Limitation on Filing of the Complaint:
According to Section 9 of the PoSH Act, there is a specific time for filing the complaint. A complainant must report to the IC within three months after the incident has taken place. This time limitation restricts the extent of retaliatory complaints, as regardless of whether the objection is acknowledged by the Committee following a postponement of three months, the complainant needed to dole out the justification delay.
Standards of Natural Justice to be followed:
The PoSH Act explicitly expresses that the IC must follow the standards of natural justice while directing the investigation. When the grievance is recorded, a duplicate copy of the complaint alongside the documented evidence is needed to be imparted to the respondent within 7 days from the date of receipt of the Complaint. That’s how a respondent gets sufficient time to answer back to the allegations and plead his case with the proof and witnesses from his end.
The pertinence of Service Rules:
Applicability of the service rules to the PoSH Act on punishing the complainant for the recording of the false complaint shows that it is treated as an offense under the assistance rules relevant to the workers of the association. This produces a critical obstruction in the recording of fake complaints, as the punishment could lead to a suspension, downgrade, and even end the business.
An appeal may be filed by the person (Respondent or Complainant), not satisfied by the recommendations of the IC committee, before appropriate court in terms of service rules. The appeal may be filed within a period of 90 days from the date of recommendations.
The law does not overlook the false and malicious complaints made by women. It addresses problems of both sides effectively and fairly. Many people are unaware of the provisions that the PoSH Act provides. Hence, we need to act as agile and responsible individuals by respecting our rights and not violating the rights and the reputation of other people. We should render respect to everybody at our organization and not tolerate any injustice. By becoming aware of all the provisions and laws that the PoSH Act provides, we can save many lives and the injustices meted out against innocent individuals at the workplace.
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