This Article is written by Preeti Pallavi Jena, pursuing BSc.LLB (IPR Honors) from the school of law, KIIT University, Odisha. This article says about the POSH Act, the legal steps taken for the false complaint filed under it.

Introduction

Our country, India is developing more and more each day. As a result of this development in the past few years, women are getting numerous opportunities to study and make a successful career. They aren’t being discriminated against by anyone and hiring for companies and jobs is done on the basis of skillset, not gender. Many rules are also being made for their safety in outside places and also in workplaces. There are many steps that were taken to protect women.

Similarly, for making complaints against the sexual harassment which are faced by women at the workplace, an Act was enacted in the year 2013 known as the POSH Act, (Prevention, Prohibition & Redressal Act). This Act provides a secure and safe country from any sexual harassment to women. The Act provides safety to the women of the country. However, this Act is specific regarding the protection of women in the workplace. This Act came into force in India on 9th December, 2013. 

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What is the workplace?

It has been defined under Section 2(o) of the POSH Act of 2013. A workplace means any place which is governed by the government, or any private organization, hospital, or any branch of office, locations that the company or organization controls. The Act does not restrict the meaning of the workplace to any particular physical place, it is mentioned in a broader meaning. Hence, it goes with all the possible places where the woman goes for work. The workplace must consist of at least 10 or more employees in it which can be full-time work or even part-time work.

POSH Act

Dealing with sexual harassment is truly very difficult. These women go through a lot of embarrassment, always stressed and depressed thinking about this. It becomes tough for them to work and make themselves free in any public place. This is the reason why Posh Act was needed and hence, this Act which was enacted in 2013 was made for the protection of women against any kind of sexual harassment in public places like in the workplace. This Act is a special kind of Act that prevents harassment of women in the workplace.

This Act tries to treat them equally and not discriminate them in any way as under our constitution it is a fundamental right under Article 14 and Article 15 and a right to life as per Article 21 and also to freely work in any profession, trade, or business without any fear. This is applied in every workplace, company. This Posh Act is applicable for organized sectors as well as unorganized ones. This Act creates gender equality in the surrounding.

Section 14 of the POSH Act

Section 14 is made and hugely implemented for giving a penalty to the false complaints which are made by the complainants. These complaints are made intentionally. If no evidence or proof regarding such a complaint is found then it will be said to be filed with some malicious intent and will be punished under this section under the POSH Act without any excuse. Any person or woman who files such a complaint either knows beforehand that it is a forgery or knows that they are making it falsely. They are trying to take advantage of the law which is made for the betterment of society and hence misuses any law treated with strict Actions. Penalizing this person is much needed so that no other person will again try to make the same mistake or else will have to face reasonable consequences.

Cases under the High Court 

Anita Suresh vs. Union of India & Others, 2015

Here, in this case, the High Court of Delhi rejected the writ petition which was filed by a complainant since it was proved that the complaint was made for misusing the provisions of the Posh Act. It is a false complaint and hence the complainant has to pay a reasonable amount for it. The High Court held that the complainant has to pay a fine of Rs. 50,000 for trying to take advantage of the law and misusing it.

Union of India vs. Reema Srinivasan Lyengar, 2019

In this case, the High Court of Madras held that we know that the Posh Act, (Prevention, Prohibition & Redressal) Act was created in 2013 for giving equal right to women at the workplace and preventing them from the sexual harassments which are caused to the women at the workplace and make them live their life with dignity and self-respect. But this doesn’t mean that they are allowed to misuse such law & bring fake allegations upon someone & hamper their self-respect.

Punishment and Compensation  

Under the Posh Act, punishments are given to employers for filing fake cases on an employee about sexual harassment. The punishments are as follows:

  • The organization of the workplace always has guidelines and as per those service guidelines of the working department, company, or any organization, punishments can be assigned to the person bringing allegations upon someone else.
  • But if there are no guidelines attached or made by the organization then, an Act of discipline can be taken by the members of the department that, she should write an apology and can also be given a warning and can be withheld for any further promotions in the company and they can also end the service of such person if required by discussing with his fellow mates.
  • False filing of complaints must be discouraged everywhere.

Advocates like Ajit Sinha and Sanjay Hedge said the court has the absolute power to take Action against women if they are found that they have made false complaints about sexual harassment or rape. Innocent persons cannot be punished at any cost. The court can lodge an FIR against these women for filing malicious suits against men and the victims of false rape cases need to be given remedies such as monetary compensation for all the humiliations and losses gained. Since due to such kinds of complaints the men have to go through torture, and also public humiliation. Some people also suicide with depression even without doing anything.

A person can be punished under Section 200 of the Indian Penal Code for filing false complaints against a person.

Steps that can be taken for preventing them from filing false case laws

  • Till the time the accused person has not been proved guilty his identity should remain confidential.
  • If the person who made the charge was proved that it was false then she needs to face imprisonment and trials and punishments along with fines if required.
  • If both the parties were in a relationship, then the court must be lenient while giving bail.
  • Before arresting any person, the police are required to make investigations with regard to such cases.

What do you need to do if a false case is filed in your name?

The things which can save you from not getting punished for the crime which you didn’t even do are as follows: 

Character witnesses

If the accused can find a person who can prove or say that he is innocent then he can be saved. If the person confirms that you are not a person who can cause any harm to any woman or do any kind of work then the court can consider it. But the person or the witnesses must keep the same statement throughout his trial or else it will be of no use.

If any irrelevant evidence was given by complainant women

If you know that the evidence which the complainant woman has given is false, then you can hire a good lawyer who can cross-examine the complainant to know the truth from her mouth itself. This is one of the best ways to prove yourself innocent.

Location

If by any chance, you are trapped in a case where the complainant accuses you of committing a certain crime but you weren’t present at the location of crime at the time of the incident, then the easiest way to prove your innocence is to present before the jury some evidence that suggests that you were at some other location during the time interval when the crime had been committed. If the proof of location is satisfActory, then the jury believes that you can’t commit the crime as you were at some other location, so you are declared innocent.

Extortion

If the man has a lot of money and the complainant woman wants to take that but is not being able to do that and hence she took this kind of approach and trapped him in such a way that her motive of getting money can be successful. Try to find out or prove to the court the approach behind it.

Evidence

Try to bring or collect more and more evidence, documents for your release like the pictures, phone call records, any person who was present at that point of time, or if the women who filed the complaint has an affair with any other person that can also be kept as a piece of evidence which can work in the defence of the accused.

Reputation

If you have a huge reputation or you are known to everyone, people try to find the weakness and if they fail then they can also use this as a weapon or if you have some kind of power and the women want that then she can also do that by this way. Try to justify this in court. It may help you in some other way.

Background of the complainant

Try to research and know about the history of the complainant woman, if she has a bad history of blackmailing or has done these previously then it can benefit you in some way to prove malicious intention.

                   

Things you shouldn’t do at all 

  • Try to damage any evidence which you think will not be in your favour and can create a huddle on your part.
  • Try to talk to the victim or the person giving witnesses or try to influence them.
  • Talk to any police, investigator officer alone.
  • Give your consent for the DNA test at any cost without the approval of your lawyer.

These can make the situation more complicated, and you will have to face the consequences, and no one can save you at that time because you made a loss for you.

Can a person be saved under the POSH Act from the false allegation made in his name?

Yes, as per Section 14 of the POSH Act of 2013, an accused can be saved from a false allegation regarding sexual harassment. This section punishes the woman for filing a false complaint against another person. Remedies to the accused can also be provided but only if the Internal Complaints Committee finds that the complaint which was made against the accused was falsely done. If they don’t come to any such conclusion then you can no more be saved under this Section. And this Act is only applicable to the false allegations made for sexual harassment which is at the workplace.

Conclusion

It is easy to file a complaint against a person but it is difficult on behalf of the accused to prove himself innocent. Even though you have not done the crime, if you fail to prove so, your innocence will be of no use. You will be proved guilty by the other person. Hence, you need to be very careful and sooner take Action regarding it because our law believes in evidence, and if you will be able to prove your part the Actual criminal can be punished. For this section 14 under the Posh Act has been implemented.

References

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