What Is ICC and Who Are the Members?

ICC or Internal Complaints Committee is a group of people that is mandatory to constituted in every organization with ten or more employees. This committee is provided with the rights equivalent to a court by PoSH Act and is responsible for the investigation and hearing of cases of sexual harassment in any organization. The structure of the ICC is mentioned in the PoSH Act. It consists of-

• A Chairperson/ Presiding Officer – It must be a woman employed at the senior level at the workplace and has a credible record.
• Two Members – Shall be amongst the employees preferably committed to the cause of women/ experience in social work/ have legal knowledge.
• External Member – External member could be a doctor, an Advocate, or from an NGO working for the cause of women. the external member empanelment is also mandatory for each company. the member should be well versed with the provisions of the PoSH act. It is common for corporates to hire a legal expert as an external member in ICC to help the committee over the legal complications of any case. 

The formation of an ICC is a must for all branches of corporates. All organizations must file an annual report of the cases handled throughout the year by ICC to the Ministry of Women and Child Development. Not following these norms could lead to action taken against the organization or even cancellation of their license. 

What Should be an Ideal Complaint Redressal Mechanism?

An ideal PoSH complaint redressal mechanism is a must for any organization for the time-bound disposal of PoSH complaints. The structure should include an easy medium for women to register their complaints. The ICC should maintain confidentiality in such matters during the investigation and hearing of a complaint. the investigation must be unbiased and the point of view of all parties must be considered. ICC should also ensure that the victim gets instant action for their workplace safety. this includes transferring the alleged perpetrator to a different department or branch where the victim won’t have to face the perp till the investigation is complete. A time-cap must be introduced for all complaints to ensure efficient redressal of such cases. 

How PoSH Training Helps?

• Conducting PoSH training of employees helps them to get aware of their rights under the PoSH Act. 
• This helps women to come out and report any sexual misconduct from a college or a senior in the workplace and so, ensures a safe working environment. 
• PoSH Training also enables employees to learn about fake PoSH complaints or what can be categorized as malicious complaints. This can reduce no. of false or fake complaints in the organization. 
• Proper PoSH training for management makes them aware of the process to create a robust and effective complaint redressal system. 
• It also helps the management to set up an internal complaints committee. 

How to Get PoSH Training for Employees

• Contact a Legal firm that has experts with complete knowledge of the PoSH Act and have experience in conducting training sessions for employees in prestigious organizations. 
• These firms mostly have professionals who have worked in the internal complaints committee of other organizations and can help in creating ICC in the new company. 
• The experts can easily make employees understand the most technical terms of the Act clearly with their effective communication skills. 

Conducting PoSH training sessions for employees must be made mandatory so that the employees understand the consequences of sexual misconduct and what acts constitute sexual harassment. This will help in creating a more secure and tension-free environment for women at the workplace. Companies can take help from legal firms to understand the formation of ICC and a well-structured complaint management system. Legal firms can also help companies in becoming PoSH compliant and following all the norms of the PoSH Act. 

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Do you know one out of every four employees is a woman?

Do you know every two out of five women claim that they have faced sexual harassment at the workplace in some form?

Two out of three organisations have no proper structure to address sexual harassment at the workplace.

The above stats should make any company look into their process of addressing cases of sexual harassment of women at workplace. Even after the introduction of the PoSH Act 2013 (which clearly states that organisations must have a proper structure to address complaints via PoSH act) most of the organisations fail to have a proper structure to address cases of sexual harassment at the workplace. The act has also made it mandatory for the companies to file an annual PoSH compliance report to the ministry of women and child development. Failing this would raise major questions on the PoSH Compliance policy of the organisation and can prompt the Government to take action against them. Therefore, it is essential for the companies to become PoSH compliant and draft policies that can protect their brand value from the horrors of cases related to sexual harassment at workplace. Let’s understand how brands can become PoSH compliant with this five-step guide.

The Five Steps for Organisations to become PoSH Complaint

1. Keep a Clearly STATED Organisational Policy Against Sexual Harassment:

All organisations are expected to draw a PoSH policy with explicit details on the redressal of PoSH complaints and the related mechanisms for it. A Posh policy is expected to cover the following:

• The policy should clearly state the coverage of workplace harassment (what constitutes sexual harassment and who is covered under it from management to employees). 
• A detailed explanation of some ambiguous terms and the policy must ensure that every person in the organisation understands what constitutes Posh at work. 
• Detailed information about the organisation’s internal complaints committee (ICC). The information must constitute the details of members of the committee. The committee must also include an external member for Posh with sound knowledge of the PoSH Act and experience in handling PoSH complaints.
•  The policy should clearly outline the mechanism for filing complaints, the workaround of investigations, and what are the do’s and don’t for the victim and the alleged offender after filing of the complaint. 
• Appeal Procedure, Organisations compensation procedure, and privacy clause to maintain confidentiality in such cases for the complainant and the respondent must be mentioned in the PoSH policy. 

2. The PoSH Policy Should be Part of the Employment Contract

It is important for any organisation to make any new employee aware of the company’s policy to prevent cases of sexual harassment at the workplace. This will serve as a memo to the employees and also a behavioural guide during the working hours of the organisation. The employee won’t understand the kind of disciplinary actions that could be taken against them for not following the norms of the policy. 

3. Formation of the Internal Complaints Committee

In the PoSH Act, it is clearly stated that the ICC should act as the primary judicial body in case of sexual harassment at the workplace. Formation of ICC is mandatory for any company employing ten or more employees. There are case laws available where courts have given instructions on the ideal structure of ICC. The company must follow all the norms, including an external member for ICC, keep at least 50% of women members with a women chairmen. All these members must be experienced and well versed with the norms of the PoSH acts. The company should arrange PoSH training for the members of ICC if they are not well versed with the PoSH Act. 

4. Organise PoSH Training for Employees

The Company is responsible for organising PoSH training for employees on regular basis. It can also avail an online PoSH training module from any reputed legal firm to train all employees at various levels. The PoSH training ensures awareness among all employees, members of the organisation’s management, and ICC members. This proves to be helpful in maintaining a safe working environment for women and gives them an idea of their rights conferred by the PoSH act. 

5. Filing Annual PoSH Compliance Report

The Section 21 of the PoSH act makes it mandatory for all organisations to file an annual report to the district officer. This report should contain the record of all the PoSH complaints handled by the ICC of the organisation throughout the year and status of the investigation at the time of filing the report. The Act says,

“The Internal Committee or the Local Committee, as the case may be, shall in each calendar year prepare, in such form and at such time as may be prescribed, an annual report and submit the same to the employer and the District Officer.”

Consequences of Non-Compliance of PoSH Act

The consequences for non-compliance with the PoSH Act could prove to be bad for the reputation of the organisation. It could also lead to the government taking legal action against them. For example, actions for non-formation of ICC are.

• Penalty up to Rs. 50000 on the organisation. 
• The penalty could be doubled in case of repeated offense.
• Cancellation of business license could also happen for regular non-compliance. 

Apart from this, not filing the annual PoSH report to the district office could also lead to action taken against the company by the government. 

All this proves that PoSH compliance is not just a formality but rather a duty of the companies to ensure a safe working environment for women. If your company needs support for becoming PoSh compliant and drafting Posh Policy then contact a legal firm near you for assistance. 

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A common misunderstanding among people unaware of the various forms of sexual harassment of women at the workplace is not considering some acts of workplace bullying as sexually malignant. There are forms of workplace bullying that are intended to malign the character of a woman and thus comes under the consideration of the PoSH Act (Prevention of sexual harassment Act).

Workplace bullying has unfortunately become a common phenomenon among many corporates across the world. Humans tend to attach too many emotions to their career and thus everything happening in their corporates lives affect their behaviors. This could drive feelings of jealousy towards a relatively successful colleague or feelings of superiority or inferiority complex among employees depending upon the success in their career. All these complex emotions lead to employees competing with each other and lead to workplace politics with discrimination/bullying. This includes mocking, intimidating, or spreading malicious rumors against a fellow employee for character assassination.

In many cases, this happens to women in the workplace in form of shrewd remarks made by their colleagues or fake rumors about her having a relationship with her superior to gain momentum in her career. All these things tend to give women unnecessary stress and judgment despite them working hard to achieve success. Let’s understand this with a fictional scenario based in a corporate.

Suppose there is a group of men and women working in the software development team of some organization ABC. The team has a male manager who handles and allocates daily tasks for the team and keeps a record of the performance of every employee for annual appraisal. After a year, the manager promotes a female colleague due to her exceptional performance throughout the year. Now, if any other female/male colleague out of respite or jealousy starts spreading a rumor about the promoted woman having an affair with the male manager for the sake of promotion, then it will not only disparage the promoted woman’s hard work and reputation but also demeans the company’s management. This scenario will, of course, make the working environment hostile for the woman due to the rumor-mongering. This rumor-mongering may also lead to mocking behaviors towards that woman which could lead to stress and humiliation for her. 

The above example shows that there is a thin line between common back bitching/rumor-mongering and sexual harassment. Understanding the difference between the two is necessary to ensure that workplace bullying leading to sexual harassment of a victim is not tolerated in the workplace. To understand this an employee must be aware of the differences between mocking or intimidating behavior at the workplace and sexual harassment. The employees must also be aware of what constitutes workplace bullying and are there any options available to them for tackling workplace bullying legally. Let’s try to understand workplace bullying and sexual harassment separately and then understand how they could be related sometimes. This will help employees understand the type of actions they can take to ensure a stress-free working environment for them in the company.

Sexual Harassment of Women At Workplace

Sexual harassment of women at the workplace is a pan India problem. It is present in almost every workplace in some form or another. Not only in India, but the cases of sexual harassment of women are also a major issue in developing countries. This is mainly because women are mostly considered the most vulnerable section of humanity. To change this mindset of discrimination against women and prevent sexual harassment, the Indian government bought PoSH Act 2013. It consisted of strict norms to tackle the issue of workplace harassment and ensure the safety of women in the workplace. It defined what kind of behaviors comes under the scanner of sexual harassment to make both the victims and legal entities aware of what is sexual harassment and the necessary measures to deal with it.

Sexual harassment of women at workplace act includes unwelcome sexual advances, unwanted behavior, verbal or physical misconduct consisting of sexual behavior or remarks. Under section 2(n) of the PoSH Act,

“Sexual harassment includes unwanted sexually charged behavior like:

1. A demand or request for sexual favors;
2. Physical contact and advances;
3. Showing pornography;
4. Sexually colored remarks;
5. Any other physical, verbal or non-verbal conduct that is sexually colored and unwelcomed by the victim.

Sexual harassment of women at the workplace can be easily summed up as gender-based discrimination in the working environment that violates the basic fundamental rights of women conferred by the constitution of India under Articles 14, 15, and 21. Of course, this leads to growth impediments and stressful environments for women in an increasingly competitive scenario where they constantly need to prove their worth compared to men. Health and safety issues or reasonable apprehension humiliation in the working environment is also understood as sexual harassment.  For example, if any gesture of a co-worker created and venomous sexual environment for a female companion then it will be categorized in the workplace sexual harassment.

The scenario of Sexual harassment and PoSH act in India

Bullying is unwanted, unreasonable, and repeated aggressive behavior against any individual due to respite or jealousy. This includes the use of mockery, physical or verbal threat, or dominating behavior to display power over others. The harm of bullying is considered more psychological than physical and has a long-term impact on the mental health of an individual. Now, this coincides with the acts of workplace sexual harassment when the remarks intended for mockery are sexual then they can be punished under the PoSH act. However, not all the acts of workplace bullying are covered under this Act and thus, victims have to understand other legal methods to tackle it.

In our country, where there have been apprehensions among families about their women working outside, most of the cases of sexual misconduct go unreported as women feel that if they report such cases their families won’t allow them to work due to safety concerns. Also, the social stigma and victim-blaming that is prevalent in India lead to women keeping quiet on such cases to avoid facing social humiliation. The landmark case of Vishakah vs the state of Rajasthan changed the situation in India as it was the court’s judgment, in this case, served as the benchmark to define workplace sexual harassment till the PoSH Act was enacted. The Vishakha Guidelines to deal with sexual harassment cases were used extensively by Indian employers till the time the PoSH act came into being.

Understanding Workplace bullying and its Situation in India

Bullying is mostly observed in colleges and schools. In the workplace, the form of bullying is more subtle and involves psychological intimidation through a position on the corporate ladder or prowess at the work. Unwanted criticism, misuse of authority, unnecessary exclusion of an individual, insulting or using foul remarks/rumors to malign someone’s character on their back are the different ways a person can be bullied in the workplace. Here, the bully generally doesn’t realize that they are bullying someone or what effect their behavior is putting on someone’s psychology. And this is why giving proper behavioral training to employees and making them aware of the consequences of workplace bullying could tend to this problem effectively.

Situation in India to tackle Workplace Bullying

In our country, there are no specific laws to punish individuals committing workplace bullying. It is seen as more of a social stigma rather than a criminal offense. However, various issues that come under bullying can be tackled by different sections of the IPC (Indian Penal Code). Like Section 323 – voluntarily causing hurt, Section 340- Wrongful confinement, Section 339 – Wrongful restraint, and section 506- criminal intimidation punishment, can be used to tackle workplace bullying. Because bullying is generally non-sexual and the harassment is more based on religion, age, power dynamics, or jealousy, it can’t be punished under the PoSH act. Although spreading rumors about someone having a sexual affair or disparaging someone’s character based on sexual nature comes directly under the PoSH act and can be punished under it.

What Deterrents Corporate Organisations Need to Apply

1.  Spread Awareness about forms of Workplace Bullying: Most of the time the complainants are not aware of the PoSH laws and the implications of any unwanted behavior that could lead to PoSH complaints. This is where the tool of awareness can come in handy. Employers must create awareness amongst their employees regarding internal complaints committee guidelines, the consequences of bullying an employee through sexually colored remarks, rumors or mockery.  Employees should be properly trained regarding the difference between bullying and acts that fall under the framework of the PoSH act. 

2. PoSH Training Sessions for ICC Members: The POSH Act read with applicable rules clearly specify that the employer must ensure and make provisions for conducting orientation programs and seminars for the members of the ICC. Organizing capacity-building and skill-building programs for the members of the ICC will ensure that there is a well-trained and skilled committee of members in place who are well informed about the subject matter. A well-trained and skilled internal complaints committee shall be able to adjudicate the complaints more efficiently and shall be able to decide on the complaints effectively after considering and analyzing the situation and the facts along with pieces of evidence placed before them. There is no doubt that dealing with workplace sexual harassment complaints is often complex, that is the reason, the POSH Act, itself acknowledges the importance of having a committee in place which possesses critical skills/capacity to effectively carry out their roles.

3.  Use Informal Communication Methods to Resolve Conflicts: Many a time there is a misunderstanding between the parties, and the intent of the accused gets misconstrued differently to the complainant. To prevent such situations, the POSH Act mandatorily requires the ICC to explore the possibility of conciliation between the parties before initiating an inquiry and at the request of the aggrieved woman take steps to settle the matter between her and the respondent through conciliation, provided the basis for such proceedings are not a monetary settlement.

4. Ensure That the Deterrents Send the Right Massage: Setting a deterrent for false complaints does not imply that the organization is unwilling to take any issue of sexual harassment. Any employee facing sexual harassment should not feel apprehensive of filing complaints because of the deterrent as it will nullify the basic essence of the PoSH Act.

Employees must be encouraged to bring into notice anything undesirable or uncomfortable for them. Employers should have access to all the effective measures that can be taken against sexual harassment and workplace bullying.

Workplace bullying does violate the right of an employee to work with the dignity that has been given by Article 21 of the constitution of India. Furthermore, articles 42 and 43 direct the states to provide healthy and humane working conditions for an employee to work in. This is also part of the PosH Act that seeks to ensure a safe working environment for women in India. Any employee must understand that in our country workplace sexual harassment is a legal offense but there are no such laws yet for workplace bullying. Thus, an individual must understand sexual harassment law to understand what kind of bullying acts comes under the framework of the PoSH act.  This is where taking legal help becomes necessary and PoSH training plays a big role in it. Taking the help of a legal firm, in these cases, would be the ideal way as they understand the various forms of the acts. The professional could make all employees aware of the differences between bullying and sexual harassment. This will help in reducing cases of workplace bullying and sexual harassment and ensure a safe and happy working environment for the employees.

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You might have seen in Bollywood movies like Aitraaz where the second female lead files a malicious complaint against the male lead in the company just because he rejects her sexual advances. This results in the male lead getting fired from the organisation despite being innocent.  You can also find other such movies and stories about false or fake Sexual harassment complaints that completely ruin the careers of innocent men in them.

Although the above scenario is from a movie, it is rapidly becoming the reality of modern corporates. Lately, we have seen a lot of articles and various data reports suggesting that the loopholes present in the PoSH Act 2013 are engendering a plethora of false accusations against the male workforce in organisations. There are many reasons due to which malicious complaints are filed in corporate organisations. The reasons could be

• To exact revenge against a fellow employee
• Bring down the name of the company 
• For having some immediate monetary benefits
• Gain publicity that may help gain sympathy
• Any personal relationship in the workplace gone wrong
• To disparage/blackmail senior executives for getting promotions or other perks

If a man is guilty of a sexual offense in the workplace, then he is liable to be punished under the provisions of the PoSH Act but what if someone maliciously implicates a man in such a case? How he can save his career and reputation from the catastrophic results of such accusations and the repercussions of being called a sexual delinquent? Well, we at Muds are here to help you with your options. Many people are afraid of taking legal help in such cases due to the lack of understanding of PoSH laws and fear of reputational damage. Here we will give you solutions for tackling malicious PoSH complaints and tell you how our legal help can save your reputation and your career.

Understanding the PoSH Act’s Provisions for False Complaints

Section 14 of the PoSH Act 2013 addresses this issue of the false complaint by giving provisions of punishment for the complainant. In case the complaint is found to be untrue and filed with malicious intent then, the internal complaints committee can take action on the complainant. But the punishments prescribed in the act have proven insignificant as the number of false complaints under the PoSH act continues to rise with every passing year. This is where taking legal help can play a big role to save your career and make the complainant pay for the reputational damage and stress they have caused.

Take for example the case of Anita Suresh vs Union of India & Others (W.P (C) 5114/2015) in Delhi High Court. The court found the petition lacking any merit and dismissed the case. It also ordered the complainant to pay Rs. 50000/- for filing a false complaint and granted ESI-Corporation freedom to take strict action against her.

Currently, the main issue with the act is that it is harder to determine whether the complaint was malicious just on the bases of lack of proof. This leads to many false complainants get away without any punishment even if their accusations prove to be wrong after investigation. So, if you have been a victim of a malicious PoSH complaint, then you must take legal action against the complainant to ensure they won’t leave without facing any consequences. 

What You Can Do if Trapped in Malicious PoSH Complaint?

If you are innocent and being framed in any malicious complaint then, you can take the following steps to sail through the process of judgement:

• Keep calm and cooperate with the internal complaints committee that handles cases of sexual harassment of women at the workplace. If you are innocent and provide full support to investigating team in their research, then this will work in favor of you to proclaim innocence. 
• Section 18 of the PoSH Act 2013 gives the respondent the ‘right to appeal’ against the recommendations or findings of the investigating team of the internal complaints committee. This acts as a deterrent to any false complaints and prevents the misuse of power granted to the internal complaints committee. So, do not refrain from taking any legal help if you feel your case is not being investigated properly or the investigating team is acting with a certain bias towards the complainant. Going with your legal team to show your side of the story is favorable these days as even courts are stricter on the fake PoSH complaints.
• Recollect all the details about the alleged incident and give names of all witnesses to the investigating team to tell your side of the story and prove your innocence. 
• Some of the PoSH complaints are made after the break-up of some consensual personal relationship. Your workplace might have the policy to refrain from such relationships but even in that case come out clear in front of the investigating team about your relationship. It could lead to a suspension for both of you, but it will save your career from damage due to an offense related to sexual harassment. 
• Ensure that your side of the story is clearly heard by the internal complaints committee and all the norms of natural justice are followed by the complaints committee during investigation and hearing. 
• If the case seems to be filed as a way of taking revenge by the complainant, then it is wise to request interim relief from the organisation in form of leave or temporary transfer to some other department to stay away from any friction with the complainant in the workplace. 
• If the allegations are too serious to wait for the outcome of the investigation by the internal complaints committee then hire an advocate to look after the case or seek legal help to protect your career and reputation from the damage.
• If there is a possibility of resolving the issue by mutual conciliation without face-off with the other party, then go for it as it will save you from getting into a further adversary and mental stress. 
• If you feel that you might have done something innocently in the alleged incident and it was unintended and taken in a completely wrong way then explain your side of the story and apologize stating that it was totally harmless from your part. It could happen that you cracked a sexual joke without awareness of any women nearby or made an insensitive comment that could hurt female sentiment. In these cases, a simple apology will go a long way in saving you from the troubles due to the PoSH complaint. 
• Do not repeatedly try to justify your action or assert that it wasn’t intended as sexual harassment. Instead, accept that whatever you have done may have been interpreted in the wrong way and you will take care that it won’t be repeated. 

Effects of Malicious PoSH Complaints on the Accused

Most of the organisations follow the policy of suspending the alleged perpetrator until the investigation by the internal complaints committee is finished for the safety of the victim. Therefore, false sexual harassment complaints can make the situation miserable for any innocent man being implicated for such an offense. It brings mental stress, financial problems, and social humiliation for the accused until the time investigation is underway according to internal complaints committee guidelines. Being labeled a sexual offender for no reason proves immensely hurtful and could lead to the person taking extreme steps to get away from the trouble.

A recent example of this was the suicide of a Senior Employee in Genpact in December 2018. The employee committed suicide after a complaint was filed against him in the POSH committee of the organisation. While the sexual harassment committee was still investigating the offense, the respondent under scanner committed suicide and denied the allegations labeled against him in his suicide note.

This case has led many thinkers to question the repercussions of false complaints in the PoSH Act 2013. Many people do not possess the courage to fight against these false allegations and could succumb to the mental stress and public humiliation that follows. Sometimes the investigations could take a substantial amount of time to complete and the alleged employee must bear with the image of a sexual offender. All this takes a huge toll on the mind of any innocent man who has fallen prey to any fake complaint made against him due to any reason. This also proves to be hurtful for the family of the concerned person as they are constantly under the judgmental eyes of society.  To save the innocent from all these unnecessary problems the companies can take various steps to stop false complaints. In the following sections, we will discuss such steps and discuss how as an individual you can save yourself if you are trapped in any such case.

Problems Faced by Companies in Dealing with False Complaints

The main issue most companies face in any case related to PoSH law is the temporary loss of productive resources. Suspending the accuser or anyone with malicious complaints leads to the loss of valuable resources for the employer until the investigation is finished. Also, it requires the organization to invest a significant amount of capital and work hours in research related to such cases. Therefore, it is deemed necessary for the organisations to set deterrents to avoid the filing false complaints with the PoSH committee. Before we move further and discuss what are the deterrents organisations take to stop malicious complaint filing, let us understand the effects these complaints have on the accused.

What Deterrents Corporate Organisations Need to Apply for False PoSH Complaints?

1. Spread Awareness: Most of the time the complainants are not aware of the PoSH laws and the implications of any false complaint filed with the internal complaints committee. This is where the tool of awareness can come in handy. The employers must create awareness amongst their employees regarding internal complaints committee guidelines, the consequences of filing a malicious complaint, and provisions of appeal against internal complaints committee decisions. Before a complaint is filed, the employee needs to be made aware of the consequences of filing a false complaint. Employees should be properly trained regarding the difference between unproven complaints and complaints which fall under the category of malicious. 
2. Organize Training Sessions for Members of ICC: The POSH Act read with applicable rules clearly specify that the employer must ensure and make provisions for conducting orientation programs and seminars for the members of the ICC. Organizing capacity building and skill-building programs for the members of the ICC will ensure that there is a well-trained and skilled committee of members in place who are well informed about the subject matter. A well-trained and skilled internal complaints committee shall be able to adjudicate the complaints more efficiently and shall be able to decide on the complaints effectively after considering and analyzing the situation and the facts along with pieces of evidence placed before them. There is no doubt that dealing with workplace sexual harassment complaints is often complex, that is the reason, the POSH Act, itself acknowledges the importance of having a committee in place which possesses critical skills/capacity to effectively carry out their roles.
3. Use Informal Communication Methods to Resolve Conflicts: Many a time there is a misunderstanding between the parties, and the intent of the accused gets misconstrued differently to the complainant. To prevent such situations, the POSH Act mandatorily requires the ICC to explore the possibility of conciliation between the parties before initiating an inquiry and at the request of the aggrieved woman take steps to settle the matter between her and the respondent through conciliation, provided the basis for such proceedings are not a monetary settlement.
4. Follow Principals of Natural Justice and Keep the Panel Unbiased: The legislation intends to ensure that no party should be condemned unheard, the POSH Act specifically states that the ICC should follow the principles of natural justice while conducting the inquiry into the complaint which means that the respondent should be given reasonable opportunity to present his case. Once the complaint is filed, a copy of the complaint along with the documentation filed with the complaint is required to be shared with the respondent within 7 days from the date of receipt of the Complaint. Respondent gets a reasonable time and opportunity to reply to the accusations and plead his case with the evidence and witnesses from his end. The POSH Act provides for one external member for ICC. This external member could be from any non-governmental organizations or associations related to the cause of women or any other notable person familiar with the issues related to sexual harassment at the workplace. Such expertise will greatly benefit the ICC in terms of fair and impartial handling of the complaint leading to rational order. One of the very basic objectives to involve an external member is to ensure that the parties to the complaint can be self-assured that the internal dynamics or management of the workplace shall not be having any effect on the working of the external member.
5. Applying Essential Service Rules and Giving Provisions of Appeal: Applicability of the service rules to the POSH Act in terms of penalizing the complainant on the filing of the false complaint clearly shows that it is treated as misconduct under the service rules applicable to the employees of the organization. This generates a significant deterrent in the filing of false complaints, as the penalty could be in the form of suspension, demotion, and even termination of employment. One of the significant mechanisms to prevent abuse of the process of law is the appeal provision enunciated in Section 18 of the POSH Act. The respondent has the ‘right to appeal’ under section 18 of the POSH Act read with applicable service rules in case the respondent is not satisfied with the recommendations/findings arrived at in the complaint by the ICC. The appeal can be preferred within ninety days from the date of recommendation.
6. Ensure That the Deterrents Send the Right Massage: Setting a deterrent for false complaints does not imply that the organization is unwilling to take any issue of sexual harassment. Any employee facing workplace harassment should not feel apprehensive of filing complaints because of the deterrent as it will nullify the basic essence of the PoSH Act. Employees must be encouraged to bring into notice anything undesirable or uncomfortable for them. The goal of these deterrents is to prevent the misuse of the provisions in the sexual harassment policy of PoSH law which is designed to make women feel safe at the workplace. Therefore, organisations should avoid setting deterrence by using the example of somebody who was punished for filing a malicious complaint. Employers should have access to all the effective measures that can be taken against sexual harassment with a clear knowledge of whether the complaint is true and what will be the implications of filing a malicious complaint.

Like we saw examples of how courts are getting stricter on malicious complaints under the PoSH act, we at Muds would like to assure anyone looking for guidance on how to deal with false complaints. Anita Suresh’s judgement of the Delhi high court has paved the way for the government and corporates to think deeply about handling the malicious complaint of sexual harassment of women at the workplace. The numerous cases of sexual harassment which prove to be untrue also bring into light the misuse of the PoSH act to settle personal vendetta against any men.

With this favorable judgement, we must think that the need of the hour is to be sensitive towards such cases of harassment and do not start shaming the man right away as it could prove fatal to him if he is innocent. The society and the sexual harassment complaints committee of the corporates cannot be biased mentally with the conceived notions of ‘men are always wrong, and women never lie in such scenarios. Our laws should ensure that a wronged woman must get justice but should also ensure that any innocent man doesn’t get wronged in the judicial process.

Our principles of social justice and socialism should not get extreme up to the point that they become a weapon of misuse for vested interests or ulterior motives. A right balance must be struck in the provisions of this law that ensures that the innocent is not punished and the guilty never gets away without punishment. If we can do it in the coming years, we will be able to create a safe and happy workplace environment for women and men.

How Muds Can Help You Legally?

Muds Management is a consulting firm that specializes in PoSH Act and can help you if you are dealing with a malicious PoSH complaint. We provide complete legal support to our clients for proving their innocence and ask for compensation for the damage done to their reputation and career. Muds also work with corporates to create awareness among their workforce about PoSH Act 2013 via Offline and Online Training. We also help corporates in the management of sexual harassment policies like

• training of the members of their internal complaints committee
• assistance in preparing statutory records and filings
• Creating a Healthy and harassment-free environment to Work
• E-learning modules for PoSH training cover all aspects of the Act in a lucid manner for all employees to understand.

You can contact our legal experts on 91-9599653306 to get a free consultation about PoSH compliance or any legal help with complaints or cases.

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