Petitioner was working as District Programme Officer, Kushinagar when he was suspended by an order passed by Chief Secretary Child Development and Nutrition, Uttar Pradesh on grounds that words said do not amount to sexual harassment, the internal complaint committee was not duly constituted under the Section 4 of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013.

Counsel for petitioner submitted that as per the statement of the complainant, the petitioner had called her fatty and had often suggested that she go on evening walks with him and also invited her to have meals with him. It was argued that this by itself does not constitute sexual harassment. It was also argued that procedure prescribed for dealing with such complaints was not followed by the internal complaints committee.

Per contra, counsel for respondent argued that body shaming of the complainant and all events taken together constituted sexual harassment under the Act. It was argued that since the petitioner’s statement was recorded, he could not now say that he could not put up his defence. He should have filed an application before the internal complaints committee for cross-examination.

An FIR lodged against the petitioner regarding sexual harassment of another female was also brought on record before the Court to argue that many women working in petitioner’s department have felt uncomfortable. The Court observed that suspension is not a punishment but a measure to prevent the delinquent from influencing the proceedings against him. “An employee is placed under suspension by the employer only to ensure that he is not able to influence the enquiry in any manner, in as much as he is not able to interfere with the evidence or also in such cases where the employer finds it necessary to place an employee under suspension so as to have smooth disposal of disciplinary proceedings.” Holding that a head of a department’s suspension pending inquiry leads to confidence building, the Court observed that the way in which the remark was made “may” constitute sexual harassment, however, it refrained from making any final remarks as the disciplinary proceedings were ongoing. It held that prima facie case was made out for suspension of the petitioner. The Court disposed of the writ petition, directing the petitioner to approach the appellate authority.

Download the Judgment copy here – Allahabad HC - Suspension Of HOD In Sexual Harassment Case (2089 downloads )

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A recent survey indicates a 31% increase in complaints during the 2022-23 fiscal year compared to the previous year, reflecting a significant rise in reported incidents. This upward trend is projected to persist into 2025. However, there has also been a rise in the number of false complaints. The troubling misuse of the policies framed to protect victims of harassment can have severe and far-reaching consequences.

The Vishaka Guidelines, established by the Supreme Court of India in 1997 to address sexual harassment in the workplace, gave birth to the POSH Act. The crucial legislation was enacted to create a safe working environment for women. Unfortunately, when false complaints are made, the very foundation of the Act gets undermined.

Understanding false complaints

Any complaint filed under the POSH Act where the complainant has made intentionally false allegations against the respondent, with an intention to malign their reputation are termed as false complaints. In fact, the courts are also calling out a recurring pattern in the blatant misuse of law through the false complaints route. Late last year, the Supreme Court noted a ‘worrying trend’ of disgruntled partners seeking to term long-term consensual relationships as harassment under penal laws.

However, non-availability of evidence should not be construed as false complaints.

Serious ramifications

False complaints may be driven by personal vendetta, a desire to save their own skin, or worse, as a prank. Regardless of motive, the ramifications of false complaints are nothing but devastating for all parties involved and may include loss of reputation and even career disruption. Moreover, after a false complaint, employees may become excessively cautious and may begin to constantly second-guess their behavior in order to steer clear of even the smallest hint of harassment.

The impact on genuine victims of false complaints is profound, as each false accusation undermines trust and makes it more difficult for real victims to come forward. Despite neutral investigations, doubt can taint new cases, causing genuine victims to fear that their reports will not be believed.

Most importantly, this erosion of trust extends to the POSH Act itself. Many employers and employees are of the view that this Act is problematic rather than protective, and allows frivolous complaints and misuse. The prevalence of these kinds of complaints reinforce these misconceptions, undermining the credibility of genuine ones and the critical purpose of the Act.

False complaints can also significantly drain company resources, requiring extensive time for investigations, documentation, and legal procedures. This resource drain is particularly problematic for organisations that already view POSH as a challenging area, as it exacerbates existing concerns and leads to a pervasive mistrust in the system.

The false complaints can create a toxic work environment, resulting in fissures within teams, reducing morale, and fostering a culture of suspicion. Employees may become hesitant to interact with colleagues, fearing false accusations, which stifles collaboration and productivity. The cumulative effect of these factors can severely undermine the overall workplace atmosphere and efficiency.

Punishments

The IC should first investigate sexual harassment claims and judge whether they are true or false. To do this, the IC should follow due process and conduct a thorough investigation while ensuring it is unbiased and impartial.

Under the POSH Act, if an inquiry committee finds that a sexual harassment complaint is false or made with malicious intent, the complainant could face serious consequences, including termination of employment. The purpose of this is to prevent false or frivolous claims, while ensuring that the grievance redressal process remains fair and just for everyone involved.

How organisations can address the issue

To mitigate the impact of false complaints, organisations should adopt a balanced approach that upholds the integrity of the POSH Act, while protecting individuals from wrongful accusations at the same time.

It is also imperative for organisations to ensure that the ICs are in place and that all investigation processes are thorough, impartial, and fair. For this, organisations must also provide training to the ICs on how to handle all complaints objectively and sensitively.

That apart, there should be clear consequences for those found to be making false complaints. This will majorly help deter individuals from misusing the system, while reinforcing the importance of genuine reporting.

Most importantly, organisations must conduct regular training sessions on the importance of the POSH Act and the ramifications of false complaints, which can help foster a culture of trust and transparency. Educating employees about the serious consequences of false reporting can act as a deterrent.

Conclusion

While the rise in false complaints is a troubling trend, it is crucial to remember the original intent behind the POSH Act – to create a safe and inclusive workplace for all. By addressing the issue of false complaints head-on and implementing measures to protect both genuine victims and the wrongfully accused, organisations can uphold the integrity of their workplace policies and ensure a respectful and supportive environment for everyone.

By adopting a balanced approach, including robust investigation processes, clear consequences, support systems, and continuous education, organisations can effectively mitigate the impact of false complaints and maintain a fair and safe workplace.

The post The ramifications of false complaints in the workplace first appeared on Metis POSH Consulting Service LLP.

After seven long years, the redacted version of the report was released, which shines a glaring light on the disturbing gender exploitation that exists in the Malayalam film industry. The report pointed out several crimes against women, including minors, and the existence of a ‘mafia’ that controls the whole industry. Here are some of the major findings:

• Sexual abuse and casting couch: The committee interviewed women from the industry, who said they had to face unwanted physical advances and rape threats even before they commenced work. Women also stated that they were coerced into exchanging sexual favours for job opportunities, and had to face denial of employment or career advancement if they refused.
• Lack of safety on the film set: Many men, influential in the industry, were known to knock on the doors of the rooms of women artists. To circumvent this, women resorted to bringing their parents or close relatives to the set and their accommodations.
• Inadequate facilities on set: Women artists said they were put through a lot of hardship given the inadequate facilities, such as changing rooms and toilets, for them on set, especially in outdoor locations.
• Poor working conditions: Junior artists, who were interviewed by the Hema committee, claimed they were “treated worse than slaves”, having to work for nearly 19 hours at poor remuneration. They also said intermediaries misappropriated a good part of their payments.
• Cyberthreats and cyberbullying: Artists, who refused to comply with the demands of those powerful in the industry, had to face the threat of online harassment. Cyberbullying, public threats, and defamation posed significant challenges for them.

Although the report is specific to the Malayalam film industry, the sad truth is that a similar culture exists across various industries, and the findings of the Hema Committee resonate with the challenges women face in other industries as well.

Recently, renowned actor Rahul Bose sought to know why no other industry has constituted committees to look into the increase in cases of sexual harassment. He called for the need for greater awareness to empower women to speak up and fight harassment.

A few days ago, a committee was formed in West Bengal to investigate sexual harassment of women in the Bengali film industry. It has been reported that the Tamil and Telugu film industries are also likely to establish committees with the aim to protect women in the respective industries.

Meanwhile, in the Kannada film industry, though actor Sanjjanaa Galrani mooted the establishment of the Sandalwood Woman Artist Association, the Karnataka Film Chamber of Commerce has opposed the move to set up a panel akin to the Hema Committee. Earlier this month, at least 150 persons, including actors, writers, and directors sent a formal letter to Chief Minister Siddaramaiah to form a committee to look into the sexual abuse allegations in the Kannada film industry, also known as Sandalwood.

The #MeToo movement that gathered steam in 2017 was a watershed moment, given that it helped highlight gender discrimination and harassment across various sectors globally. It empowered countless individuals to share their experiences and brought significant attention to the need for systemic change in workplaces.

The Sexual Harassment of Women at Workplaces (Prevention, Prohibition and Redressal) Act, 2013, more commonly known as the PoSH Act, came into effect in December 2013. However, it was only in 2018 that the Securities and Exchange Board of India mandated all listed companies to disclose the data on sexual harassment complaints in their annual reports. As per data available, in 2013-14, when PoSH was implemented, 161 cases were reported. A year later, this number surged to 465. The numbers have continued to rise till 2020-21. Following the outbreak of the COVID-19 pandemic and subsequent work-from-home option, the number of cases dropped to 586 cases across 300 companies, down from 961 cases the previous year. In 2021-22, the number increased again to 767 cases, followed by a spike the following year reaching 1,160 cases, a whopping 51.2% jump.

The release of the Hema Committee report serves as a wake-up call not just for the Malayalam film industry, but for all sectors where gender exploitation and harassment persist. With 80% of women in India employed in the unorganised sector—often facing informal work, low wages, and job insecurity—the report aims to inspire change and improve conditions for women everywhere.

The Hema Committee report has shed much-needed light on the crucial gaps and challenges in the implementation of the PoSH Act. Here are some of the top takeaways from the report that all industries should focus on to ensure women’s safety:

• Lack of awareness: One of the biggest challenges identified is the widespread lack of awareness of the PoSH Act among employees, especially in the small and medium-sized enterprises (SMEs) sector. This can be addressed by creating awareness among the entire workforce.
• Inadequate implementation: Several organisations have either not formed Internal Committees (ICs) or have ICs that do not function effectively, which undermines the Act’s impact. Organisations can comply with the Act by forming these committees and ensuring that they function properly in letter and spirit.
• Training gaps: There is an urgent need for regular and structured training programmes to educate both employees and management on the PoSH guidelines and responsibilities. Regular training programmes and awareness campaigns should be part of an organisation’s annual calendar.
• Accountability issues: The report highlights a lack of accountability in enforcing the PoSH Act, with many complaints either being mishandled or worse, ignored. This challenge can be addressed by ensuring transparency and accountability in the functioning of the ICs.
• Protection for informal sector workers: Women in the informal sector often face the brunt of workplace harassment; yet, there are very few mechanisms to address their concerns. The workers’ associations or unions should put in place mechanisms to address the problems of these women.

While there have been strides in implementing the PoSH Act, much more needs to be done to ensure that workplaces are truly safe and inclusive for women. From increasing awareness and training to enhancing accountability and protections for women in informal sectors, the road ahead requires collaborative efforts from industries, regulators, and society at large.

It’s time to turn awareness into action and ensure that every woman feels empowered and protected in her place of work. To know more about what to do to make your workplace safe and inclusive for women, get in touch with us.

The post 5 key findings of the Hema Committee report first appeared on Metis POSH Consulting Service LLP.

The Prevention of Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 recognizes that sexual harassment often happens in isolation or in circumstances where evidence is difficult to come by.  

In several of these incidents, securing evidence like, messages, recordings, video footage, screenshots, etc… becomes a challenge. This leaves the committee with the word of the victim against the word of the perpetrator. 

The Evidence Act of 1872 states the importance of proof to establish the existence of a crime. Criminal cases require evidence ‘beyond reasonable doubt’ to prove facts and hold someone guilty. However, civil cases are proved based on the principle ‘Preponderance of Possibilities/ Probabilities.’ Since POSH cases are civil in nature and its IC has the power of the civil court, the Evidence Act of 1872 criterion does not apply. 

In POSH cases for an IC to determine sexual harassment, it has to form its belief based on either of the following: 

Following the elements of this principle, that needs to be satisfied:  

• There is more likely for the event(s) to happen than not to happen. (Probability of one event being more true than the other, i.e. more than 50 %)
• Should satisfy: prudent man test. (IC fact finding and coming to conclusion from the perspective of a reasonable man)
• Principles of Natural Justice has to be followed

Steps for applying this principle:

• Look into facts 
• Repair the chances
• Weigh the chances that tend to intermingle
• First: Weeding out the impossible 
• Second: Weeding out the improbable
• Final decision

Case: Medha Kotwal Lele & Ors. V. Union of India and Others, 2012

“The standard of proof is preponderance of probability and there is no need to establish the charge of sexual harassment beyond reasonable doubt as in a criminal proceeding. All that is necessary is that the inquiry must be conducted in a fair and transparent manner and in due compliance of the principles of natural justice, after giving full opportunity to the delinquent to defend his case.”

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Facts of the Case
In this case, a complaint of sexual harassment was filed by a female employee against the respondent. The complaint was initially submitted to the Inspector General (IG) and subsequently forwarded to several authorities, including the DG SSB, New Delhi, Dy. IG, SSB, SHQ, Tezpur, and the Chairperson of the National Women Rights Commission, New Delhi. The first complaint was filed on August 30, 201. On September 18 2012, the complainant also submitted a second complaint containing additional allegations against the respondent.

Two initial inquiries, a fact-finding inquiry and a Frontier Complaints Committee inquiry, failed to substantiate the allegations. Subsequently, the Ministry of Home Affairs constituted the Central Complaints Committee to investigate the matter. The Central Complaints Committee had to be constituted in view of Clause 9 of the 2006 Standing Order. Clause 9 of the 2006 Standing Order envisages two levels of complaints committee; (i) a Frontier Complaints Committee for the “combatised and in-field officers” (ii) a Central Complaints Committee for the “non-combatised officers”. Since at the time of lodging of the complaint, the respondent was serving as a non-combatised officer, the Central Complaints Committee was formed. While the Central Complaints Committee’s Inquiry was still pending, the Ministry of Home Affairs annulled the Frontier Level Complaints Committee’s Inquiry Report on the ground that the Chairperson of the said Frontier Level Complaints Committee was of an equivalent rank as that of the respondent.

The Central Complaints Committee found the respondent guilty of sexual harassment.
The respondent argued that the allegations were false and claimed that they were made because he had rejected the transfer application of the complainant. As a result, he approached the Central Administrative Tribunal (CAT) seeking the cancellation of the Central Complaints Committee’s inquiry. However, CAT refrained from expressing an opinion on the matter, as the disciplinary proceedings were still pending.

The case then moved to the High Court, which ruled that the Central Complaints Committee had overstepped its jurisdiction by considering the second complaint and had taken on a prosecutorial role during the inquiry. The High Court stated that the jurisdiction of the Central Complaints Committee was limited to the first complaint filed by the complainant and it should not have considered the allegations made in the second complaint. The High Court also found that the committee’s findings were based on surmises and conjectures, characterizing the case as “No Evidence.” Against this order, the Supreme Court was approached.

Findings By The Supreme Court

1. Courts Should Not Get Swayed By Discrepancies and Hyper Technicalities
In its order, Supreme Court ultimately held that the High Court’s judgment was incorrect, and the Central Complaints Committee had not exceeded its jurisdiction by considering the second complaint. The High Court’s decision was set aside, and the order of punishment imposed by the disciplinary authority was upheld.

At the outset, the Supreme Court underlined the gravity of addressing workplace sexual harassment, emphasizing that offenders should not evade legal consequences. The court noted that failure to hold harassers accountable could be distressing for victims, particularly when the wrongdoer faced minimal penalties or remains unpunished. However, the court also recognized the challenge in verifying such allegations, stating that such allegations were easy to make but difficult to disprove. Thus, the court stated that when someone claimed false implication for ulterior motives, the court had a duty to thoroughly examine the evidence and determine the credibility of the accusations.
The Court underlined the importance of not being swayed by insignificant discrepancies or hyper-technicalities when reviewing such cases. It stressed that allegations of this nature should be considered within the broader context of the entire case. The Court also cautioned against showing undue sympathy or leniency towards the individual accused of misconduct.

Regarding the consideration of additional or second complaints, the Court highlighted that this issue is a separate matter to be evaluated based on whether it was filed promptly and not mischievously at a later stage to cause prejudice to the accused. In the specific case at hand, the Central Complaints Committee was established on August 6, 2012, and its first hearing took place on September 25, 2012. The second complaint, filed by the complainant, was submitted on September 18, 2012. This timeline indicated that the second complaint had been promptly submitted shortly after the Central Complaints Committee’s formation and before its first hearing.

The Court emphasized that the Central Complaints Committee’s authority was derived from the 2006 Standing Order, not solely from the complaint itself. Furthermore, even if it were assumed that the committee’s existence was contingent upon the complaint, Clause 10(i) of the 2006 Standing Order envisaged the possibility of filing a complaint with the committee. This indicated that a complaint could be submitted to the committee after it had been constituted. The court further held that in the context of departmental inquiries, strict and technical rules of evidence and procedure did not apply in the same manner as they would in a regular court of law, where witnesses are examined under oath. The Court emphasized that there should be no aversion to considering “hearsay evidence” as long as it had a reasonable nexus and credibility in the case at hand.

2. Role of Courts in Evaluating Validity of Disciplinary Proceedings Limited
In evaluating the validity of the disciplinary proceedings, the Supreme Court emphasized that the primary fact-finding authorities in such cases are the inquiry authority and the disciplinary authority. Therefore, the role of the court, in its power of judicial review, should not be to act as an appellate body or reevaluate the evidence or substitute its own findings for those of the fact-finding authorities. Instead, the scope of judicial review is limited to assessing the propriety of the decision-making process and the fairness of the inquiry procedure.

The Court also highlighted the limited jurisdiction of the High Court in such matters. It stated that the High Court should not function as an appellate authority or replace its own findings with those of the disciplinary authority. Interference by the High Court is only warranted under specific circumstances, added the Supreme Court– “It is no doubt true that if there is “no evidence” or the decision is “so unreasonable that no reasonable man could have ever come to it”, or the decision is “so outrageous” in its defiance of logic or of accepted moral standards that no sensible person who had applied his mind to the question to be decided could have arrived at it “or that it is so absurd that one is satisfied that the decision-maker must have taken leave of his senses”, it calls for interference by a competent court of law.”

3. Impact of Procedural Violation to Be Weighed Against Overall Fairness of Inquiry
The Supreme Court then turned its attention to the question of whether the respondent was asked by the Central Complaints Committee if he pleaded guilty to the allegations presented in the second complaint. The High Court had noted that while the respondent was asked about his plea regarding the allegations in the first complaint, there was no evidence to suggest that a similar exercise had been undertaken concerning the second complaint.

The Supreme Court clarified that the obligation of the Authority to ask the accused whether they pleaded guilty or had any defense was only applicable if the accused had not admitted any of the charges in their written statement of defense or had not submitted any written statement of defense. In the case under consideration, the respondent had indeed filed a written statement of defense addressing all the allegations outlined in the ten points examined by the Committee. Furthermore, the respondent had cross-examined all the witnesses regarding these allegations.

The Court opined that in case of a mere violation of a procedural rule, no prejudice could be claimed to have been caused to the respondent even if it was assumed that he was not asked to plead guilty to the second complaint. The Supreme Court held that the High Court had overlooked the principles established by the Court and had unreasonably set aside the disciplinary authority’s punishment order. This was done without applying the “test of prejudice,” which should have been employed to assess the impact of the procedural violation on the respondent’s rights and the overall fairness of the inquiry.

Download the Case law here –  Metis-POSH-Case law-POSH UNION OF INDIA AND OTHERS vs Dilip Paul 061123 (6196 downloads )

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Presiding Officer Ajay Goel rejected the appeal moved by Pachauri who expired in the year 2020 during the pendency of the case. His legal representatives were brought on record.

The Tribunal upheld the findings and observations made against Pichauri in the final inquiry report dated May 19, 2015, submitted by the Internal Complaints Committee and said that there was no illegality and infirmity in the same. “The perusal of report further shows that ICC has carefully examined and perused the SMSs and e-mails exchanged between both the parties and concluded that such repeated attempts to foster personal relationship with reporting employees is not only a conflict of interest and misuse of designation, it also amounts to a violation of the prevention of sexual harassment policy,” the judge said.

A complaint was filed before ICC in February 2015 by a woman who was employed as Research Assistant with Pichauri, accusing him of sexual harassment. However, Pichauri challenged the final inquiry report on the ground that it was abuse of principles of natural justice and that the enquiry was conducted in predetermined and haste manner.

Dismissing the appeal, the judge said that the impugned report and proceedings of ICC showed that the Committee followed all principles of natural justice and served as a neutral body and conducted proceedings in a fair manner.

“From the reports of ICC and the documents available on record, it is apparently clear that the punishment inflicted are based on deposition and testimonies of witnesses examined in proceedings and the grounds raised in the appeal are not sufficient to set aside the findings of ICC,” the Tribunal said.

It noted that the allegations against Pichauri, regarding sexual conversation and inappropriate conduct at workplace, were supported and corroborated by various e-mails and text messages exchanged between him and the complainant on various dates.

“So it is clear that appellant was misusing his designation and his behaviour was causing discomfort and harassment to complainant. The clear picture which emerges is that a “Man” should know the difference amongst explicit consensus by woman and her explicit “No” or her implied consent. In the present matter, the whole conversation and evidence points towards nothing but to the fact that appellant was thrusting on the complainant which was not at all appreciated by complainant,” the judge said.

The Tribunal added: “If it was the consent of complainant, she would never had come forward with the complaint. Numerous instances are available which are not repeated in the judgment but have been gone through by the Tribunal. The appellant has physically as well as emotionally blackmailed complainant. The words used by the appellant clearly shows the sexual harassment of complainant which were not to be liking of complainant.”

It was also observed that Pichauri was at very good position and should have been extra vigilant in his conduct.

“He should have been setting example in the institution but to the contrary, he had rather violated the dignity of the woman by committing sexual harassment which cannot be ignored by the court and cannot be endorsed. So the arguments of appellant are not tenable,” the Tribunal said.

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In hearing a contempt application filed by the complainant/petitioner against the accused, his company and its agents, a single-bench of Justice Moushumi Bhattacharya directed the respondents/contemnors to prove that they had not been in “contumacious violation” of the Court’s orders, and that the impugned appraisal report was unconnected to the charges under the POSH Act, invoked by the petitioner against the accused/contemnor no 5. It was held:

“A person against who a complaint of sexual harassment has been made cannot, under any circumstances, be a party to the performance appraisal of the complainant…Rule 8(a) of The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Rules, 2013 specifically empowers the Complaints Committee to recommend restraining the respondent from reporting on the work performance of or writing the confidential report of the aggrieved woman. The work has to be assigned to another person. The 2013 Act strives to secure a safe environment to a woman in her workplace. The acts of the alleged contemnors have made a mockery of the object of the Act and the safeguards introduced therein.

Before going into the allegations and counter charges made by the parties, the alleged contemnors, particularly the alleged contemnor no. 5, must prove that there has been no contumacious violation of the judgment and order passed by this Court on 11th August, 2022 and must also show that the alleged contemnor no. 5 that the performance appraisal of the petitioner was unconnected to the charges levelled by the petitioner against the alleged contemnor no. 5.”

Brief facts of the case:

The applicant/petitioner in these contempt applications had accused respondent/contemnor no 5 of sexual harassment at the workplace, under several sections of the POSH Act, 2013.

During the pendency of the aforesaid matter, the petitioner/complainant claimed that the accused/contemnor no 5 had allegedly participated in an appraisal process of the complainant, while her petition was still being heard by the Court. Subsequently, judgement of the Court was delivered on the 11th of August 2022.

It was argued by the accused/contemnor no 5, that he was not the only person who participated in the appraisal process, and that his appraisal of the complainant had been reviewed by one of his colleagues, contemnor no 3. As such, it was submitted that such a review and a subsequent improvement in the scores of the petitioner would point towards impartiality in the review process, and that the status of the contemnor no 5 as an accused, would have no bearing on the appraisal of the complainant.

Observations of the Court

In holding that the actions of the accused in taking part in an appraisal process of the complainant was squarely against the provisions envisaged in the POSH Act, 2013, Justice Bhattacharya noted that even an improvement and review of grades or scores of the complainant would not give the entire process a look of impartiality or purity, since the very participation of the accused in the appraisal process would have vitiated it altogether. The Bench opined:

“The alleged contemnor no. 5 is admittedly a party to the appraisal made of the petitioner’s performance from December, 2021 – 31st March, 2022. The petitioner had levelled allegations of sexual harassment against the alleged contemnor no. 5. The defense taken on behalf of the alleged contemnors is that the appraisal was reviewed by the alleged contemnor no. 3 with an improvement in the scores and gradation. The very fact of the improvement would stand testimony to the subversion, prima facie, of the checks against sexual harassment under the 2013 Act.

Admittedly, the appraisal was prepared while the writ petition filed by the petitioner was being heard by the Court. The result of the appraisal was completed and uploaded on the website of the company for being viewed by the petitioner before the Court delivered the judgment in the writ petition on 11th August, 2022. The appraisal was uploaded on 30th July, 2022. The factual sequence leads to the presumption of foul play. The alleged contemnor no. 5 participating in the appraisal vitiates the process altogether…It is inconceivable that the alleged perpetrator arrogated to himself the power to assess the performance of the complainant at the work place and influence the petitioner’s future prospects.”

Accordingly, the contemnors were directed to keep the appraisal report of the complainant under strict confidentiality such that no person in the company could circulate or make the proposal known to anyone within the company, which could have a bearing on the outcome of the contempt application.

Matter has been listed for further hearing on 4th August 2023.

The post Participation Of Accused In Appraisal Process Of Complainant first appeared on Metis POSH Consulting Service LLP.

In deliberating over the instant matter wherein the petitioner had challenged the order passed by the Additional Chief Metropolitan Magistrate rejecting to discharge him from the charges of sexual harassment and fraud levelled by the complainant, the Bench of M. Nagaprasanna*, J., expressed his disbelief at the probability of any sexual contact or offence in open places- “The places of sexual contact that is depicted in the complaint is what shocks. The places are at Mindtree office, Forum Mall-Koramangala, Barton Center, all of which are open places. The petitioner sexually abusing the complainant in such open places cannot but be an allegation that is highly improbable”. Invoking State of Haryana v. Bhajan Lal, 1992 Supp (1) SCC 335, the Court decided to obliterate the charges against the petitioner as the alleged offences lacked any foundation.

The petitioner was working in the post of Delivery Center Manager at Mindtree Company Limited. The complainant joined the said Company to work under the petitioner on a contract that was to be in subsistence between 26-04-2017 and 11-08-2017. Just before the contract of the complainant could come to an end, a complaint was registered against the petitioner. It was alleged that the petitioner promised to convert the complainant’s contractual job into permanent one, but he went back on his word. It was further alleged that the petitioner made sexual advances towards the complainant and later refused to marry her. The petitioner challenged the registration of crime in the High Court and while this petition was pending, the police filed a chargesheet against the petitioner under Section 354-A and 420 of IPC. The petitioner then went to the concerned Court to seek discharge, but the Additional Chief Metropolitan Magistrate rejected his application.

Perusing the facts of the case, the Court expressed its shock at the probability of open spaces being a place for commission of sexual offences. The Court further noted that neither the complaint nor the charge sheet prepared by the Police, indicated any ingredient of offence of outraging a woman’s modesty. Regarding charges under Section 420, IPC, the Court pointed out that the allegation of the complainant that the petitioner has cheated and breached the promise of marriage, is plainly contrary to law, as breach of promise of marriage cannot become an offence under Section 420 IPC. With the aforesaid assessment, the Court held that the charges and proceedings against the petitioner lack any foundation therefore they ought to be quashed.

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The various Acts have defined the definition of “sexual harassment at work place” but finally the Hon’ble Supreme Court has decided the principles of law in respect of prevention of ‘Sexual Harassment at workplace“ in matter of Vishaka v. State of Rajasthan 1997 (6) SCC 241 based on an Article 19 (1) g of the Indian Constitution which affirms the right of all citizens to be employed in any profession of their choosing or to practice their own trade or business.

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