False PoSH Complaints: Prevention, Identification, and Consequences

With workplaces all over India adopting and implementing PoSH policies more effectively, there has been an increased awareness of rights and duties. Along with this progress comes the challenge of ensuring that the law is not being exploited. Making a false sexual harassment complaint not only hampers careers but also weakens trust in the PoSH complaint process. The law is protective of the aggrieved women, but there are provisions to prevent misuse of the law.

In this blog, we’ll discuss how false PoSH complaints are defined, why they occur, the role of the Internal Complaints Committee (ICC/IC) in identifying them, and steps employers can take to prevent such instances.

Under the PoSH Act, a sexual harassment complaint can be called false only if it’s filed with the intent to deceive or cause harm. One has to distinguish between a complaint that’s unsubstantiated and a complaint that’s filed maliciously. Not all unproven complaints are false—sometimes complaints simply cannot be proven due to the nature of the sexual harassment or insufficient witnesses, even if they’re genuine complaints.

Implementing effective PoSH compliance solutions helps organisations to inquire and handle complaints, ensuring fairness and accuracy. A false PoSH complaint defines instances in which allegations are intentionally made up, exaggerated, or twisted. It is clear that the ICC/IC must not penalise a complainant merely because a case failed to be established. It must determine malicious intent before labelling any complaint as false.

Some of the key features of a false PoSH complaint are:

• Allegations without any reliable foundation or occurrence of sexual harassment.
• Forgery or distortion of facts.
• Misuse of false statements or overstatements with the ulterior motive of causing harm to reputation.
• Filing a false complaint due to personal grudges.

For instance, an aggrieved woman filed a sexual harassment complaint against her co-worker. During the ICC/IC inquiry, no evidence or testimony supported the complaint. Subsequent findings uncovered discrepancies in the story and signs of a personal conflict. The committee determined the complaint was knowingly fabricated and declared it false.

Although most complaints under the PoSH Act are legitimate and valid, filing false PoSH complaints can occur in a few unfortunate and rare situations. Knowing the reasons can assist organisations or the ICC/IC in tackling the problem actively. Some of the common reasons for false complaints are as follows:

1. Personal Grudges or Workplace Rivalries

At times, office politics, rivalry, or jealousy over promotions may encourage an individual to misuse the PoSH policy. An individual may choose to file a complaint due to personal reasons or to discredit a colleague’s reputation. This type of misuse is especially damaging as it manipulates a serious and sensitive process for personal gain.

2. Misinterpretation of Conduct

Not all unpleasant encounters constitute sexual harassment under the law. There are situations when actions are wrongly interpreted due to differences in cultures, communication failures, or bias. For instance, a friendly remark might be regarded as sexual harassment by someone, despite it not being done with malicious intent. If in such a situation, a complaint is lodged, then it is not classified as a false complaint; it is just an unsubstantiated or misinterpreted situation.

3. Intent to Damage Reputation

In extremely infrequent but damaging situations, individuals may file a PoSH complaint with the intention of ruining another person’s reputation, usually due to personal conflicts. Such false complaints undermine the PoSH Act’s effectiveness for aggrieved women and negatively impact the accused.

Handling false complaints requires a thorough, fair, and transparent inquiry process. Both the complainant and the respondent should be treated fairly by the ICC/IC throughout the PoSH complaint process.

1. Thorough Inquiry

The ICC/IC should review each complaint in depth, listen to witnesses, collect evidence and give both sides an opportunity to present their case. The ICC/IC should not assume any party as guilty or innocent until the inquiry is completed. When handling a counterclaim and a claim, ICC should not let assumptions affect the outcomes of the inquiry process.

2. By Assessing Intent

A determination of a false PoSH complaint requires conclusive proof of illegitimate intent. The absence of supporting evidence alone is insufficient grounds to classify a complaint as false. The ICC/IC should seek indicators of malicious intent, such as inconsistent statements, fabricated allegations, or falsified documentation. If, through due inquiry, a complaint is proven to be intentionally deceptive or aimed at causing harm, it may be deemed a false complaint under the provisions of the PoSH Act, thereby allowing the ICC/IC to initiate appropriate actions as per organisational policy and the PoSH law.

3. Prioritising Proper Documentation and Due Diligence

Each step of the inquiry process should be kept on record from beginning to end, while maintaining confidentiality. All information about the case should be available to the ICC/IC, clear notes should be made after every meeting and both sides should be given the right to explain their views. Such detailed documentation can help determine whether the complaint is valid, unsubstantiated, or false.

False complaint under PoSH is a grave offense with separate consequences for both the accused and the complainant. The PoSH Act allows organisations to take disciplinary action if a complaint is found to be malicious.

a. Consequences for the Complainant (in cases of malicious intent):

• The ICC/IC may recommend disciplinary actions proportionate to the severity of the malicious conduct, such as a formal written apology or a warning.
• In cases involving extreme malicious intent and harm, the complainant may be subjected to a defamation case by the person against whom the complaint had been made.
• An individual found to have filed a false complaint with malicious intent may suffer a loss of credibility and trust within the workplace.
• The ICC/IC may recommend that the organisation consider measures such as withholding promotions or pay raises, or even termination of employment, depending on the gravity of the malicious act and in compliance with organisational policies and legal frameworks.

b. Consequences for the Accused (when falsely accused):

• An individual falsely accused of sexual harassment may experience significant emotional distress, damage to their professional reputation, and career setbacks, even if proven innocent.
• The mental and emotional toll, along with potential financial burdens from legal or administrative processes, can be considerable.
• A social stigma can unfortunately persist, impacting their personal and professional life, regardless of the outcome of the complaint.

Organisations can take a few proactive measures to reduce the risk of false complaints and ensure a safe workplace for all employees.

1. Establish Clear PoSH Policies

A clearly defined PoSH policy must state what sexual harassment is, how complaints are to be made, and the action to be taken in case of sexual harassment or making false complaints.

2. Conduct Regular Awareness and Sensitisation Programs

Regular PoSH training programs make employees realise what behaviours are unacceptable, how to make proper complaints, and that taking undue advantage of the law is a serious offense.

3. Train Internal Complaints Committee (ICC/IC) Members

A well-trained ICC is in a better position to deal with sensitive cases, distinguish between true and malicious complaints, and observe due process. ICC/IC training should mandate instructions on the statutory framework of the PoSH Act, legally defensible inquiry procedures, and the ethical obligations incumbent upon committee members.

4. Encourage a Culture of Transparency and Respect

Open communication at workplaces leads to inclusivity and mutual respect, reducing the likelihood of both sexual harassment and malicious complaints.

Conclusion

Misuse of PoSH complaints can undermine efforts to create a safer workplace, their impact is severe for all parties involved. Organisations need to remain proactive with clear PoSH policies, properly trained ICC and regular PoSH sensitisation awareness training for employees. By making sure that all complaints are dealt with in an unbiased manner, employers can promote the credibility of the PoSH Act and safeguard all employees.

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