False POSH Complaints Can Harm Justice, Says Supreme Court

The Supreme Court of India, led by Justice N. Kotiswar Singh, has warned that false allegations under workplace harassment laws pose significant harm to both individuals and organisations. During recent hearings, he emphasised that misuse of the PoSH Act not only damages reputations but also undermines trust in legitimate complaints.

 

What Is the PoSH Act?

The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, commonly known as the PoSH Act. It was passed to eliminate sexual harassment in Indian workplaces. It applies across all sectors and requires employers with 10+ staff to have an Internal Complaints Committee (ICC) to investigate complaints within 90 days and recommend action. 

 

However, Justice Kotiswar Singh cautioned that while the Act empowers victims, "fabricated or exaggerated allegations can reverse the very progress we have made." He expressed concern that baseless claims could deter genuine victims and stain lawful workplace processes.

 

Potential Consequences of False Claims

• Mental distress for the accused, including reputational damage and career setbacks, even if exonerated.

• Legal liability: The PoSH Act allows disciplinary action for knowingly false or malicious complaints.

• Workplace culture erosion, leading to reduced trust in reporting systems and fewer genuine complaints being made.

 

Expert Legal Insight

Sunil Ambalavelil, Chairman of Kaden Boriss and an experienced Indian corporate lawyer, notes:

 

• “Employers must ensure robust, fair procedures that protect all parties, complainants and respondents. Clear evidence standards and impartial inquiry processes help prevent misuse.”

• “Training is critical: Employees, ICC members, and HR professionals must understand both the rights under PoSH and the consequences of false allegations.”

 

Key Takeaways

• PoSH is vital for workplace safety, but can be misused; false allegations are harmful.

• The Supreme Court underscored the need to protect due process and maintain trust.

• Strong policies, training, and fair investigations are essential.

For any enquiries or information, contact info@thelawreporters.com or call us on +971 52 644 3004. Follow  The Law Reporters on WhatsApp Channels