CONSEQUENCES OF FILING FALSE COMPLAINT BY A WOMAN UNDER
SEXUAL HARASSMENT OF WOMEN AT WORKPLACE (PREVENTION,
PROHIBITION & REDRESSAL) ACT 2013
The Act, under Section 9, entitles a woman to make a complaint of sexual
harassment at workplace to the Complaints Committee, however this
provision does not give unfettered liberty to women to maliciously make
false complaints or lead false evidence to settle scores or coerce or
blackmail or put any undue pressure on male colleagues or seniors.
The act views such complaints very seriously, and if proven false in the
inquiry conducted by the Complaints Committee, the Committee can
recommend to the Employer same or harsher punishment which would
have been recommended for the respondent, if found guilty.
Section 14 of the Act, providing for punishment for false or malicious
complaint and false evidence reads as follows,
Where the Internal Committee or the Local Committee, as the case may
be, arrive at the conclusion that the allegation against the respondent is
malicious or the aggrieved woman or any other person making the
complaint has made the complaint knowing it to be false or the aggrieved
woman or any other person making the complaint has produced any
forged or misleading document, it may recommend to the Employer or the
District Officer, as the case may be, to take action against the woman or
the person who has made the complaint under sub section (1) or sub
section (2) of section 9, as the case may be, in accordance with the service
rules applicable to her or him or where no such service rules exist, in such
manner as may be prescribed:
Provided that a mere inability to substantiate a complaint or provide
adequate proof need not attract action against the complainant under
this section:
High Court of Delhi, in Writ Petition 5114/2015, Anita Suresh Vs- Union
of India & others re emphasized and endorsed the provisions of Section
14 of the Act.
In the above matter the Court carefully considered the record of inquiry
proceedings and findings submitted by the Complaints Committee which
recommended both the complainant (petitioner) and respondent.
The Court held the view that the entire complaint of the petitioner appears
to be false and has been filed with some ulterior motive.
The Court, therefore dismissed the writ and imposed a penalty of Rs.
50,000/- upon the petitioner.
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