A persistent point of concern for leadership teams and IC members alike is the potential misuse of the POSH framework. Section 14 of the POSH Act addresses this by detailing provisions for false or malicious complaints, as well as forged evidence. However, applying Section 14 requires a sharp, uncompromising distinction between a malicious complaint and an unsubstantiated complaint. An unsubstantiated complaint occurs when the IC completes its inquiry and concludes that the evidence provided does not cross the threshold of probability required to prove the allegation. Inability to prove a claim does not automatically mean the claim was false. Memory gaps, lack of third-party corroboration, or evidentiary ambiguities often result in an unsubstantiated finding without any dishonest intent by the complainant. A malicious complaint , on the other hand, requires affirmative proof of bad faith and conscious deception. To recommend action under Section 14, the IC must establish ...
The Bill introduced in the Rajya Sabha, published in the Gazette of India on December 08, 2023. Following are proposed Amendments to POSH Act roles, 1.Nullification of Local Complaints Committee (LC) replaced by Employment Tribunal. "Local Committee" replaced with "Employment Tribunal" throughout POSH Act. Employment Tribunal empowered to treat sexual harassment cases as legal trials for increased efficiency and conviction rates. 2. Constitution of Employment Tribunal Chairperson: Retired female judge of District Court. Members include retired female judge, social activist, woman from the district, sociologists, and female advocates. 3. Prolonged Timeframe for Complaints Section 9 modified for aggrieved women to file complaints within a reasonable timeframe. Employment Tribunal can extend the time limit with written justification based on circumstances. 4. Rectifying Terminology Inconsistencies Substitution of "recommend to" with "direct" in ...