Sunday, March 10, 2013

Sexual Harassment Bill, 2010: A Woman to be held liable for filing a false or malicious complaint


On February 26, 2013, Rajya Sabha passed The Protection of Women Against Sexual Harassment at Work Place Bill, 2010 (“Bill”). The Bill was passed by Lok Sabha in September last year. The long title of the Bill reads as:

“to provide protection against sexual harassment of women at workplace and for the prevention and redressal of complaints of sexual harassment and for matters connected therewith or incidental thereto.”

Interestingly, section 14 of the Bill makes a woman or a person, as the case may be, liable for filing of a false/malicious complaint or false/misleading document. Bill does not define the term “document”, and hence, assistance can be taken from General Clauses Act, 1897.[1]

Before an action can be taken under this clause, the internal committee or local committee should arrive at a conclusion that there has actually been a false/malicious complaint or false/misleading evidence. Section 4 of the Bill obliges an employer of a work place to constitute an “internal complaints committee”, which will have a woman as its presiding officer. In a situation when constitution of an internal committee a workplace is not feasible (“on account of less than ten persons being employed at such workplace or where the complaint is against the employer himself”), a “Local Complaints Committee” shall be constituted by the District Officer. Local Committee will also have a woman as its chairperson. Apart from the chairperson or presiding officer, as the case may be, these committees have substantial number of women as their members. In fact, presence of women in such committees is necessary for ensuring a fair deal for complainant.

Some have argued that inclusion of such a provision in the bill would discourage women from filing complaints. At the same time, some have argued that inclusion of it will prevent misuse of the bill. However, any conclusion in this regard can only be made once the act comes into use.
Bill also makes it clear that a mere inability to substantiate a complaint or provide adequate proof need not attract action against the complainant under Section 14. Once committee gives a verdict against the complainant, an action can be taken in accordance with the provisions of applicable service rules. In the absence of a service rule, Bill only provides “in such manner as may be prescribed”. Section 2(k) defines “prescribed” as “prescribed by rules made under this Act”.

An appeal can be made against the recommendations of the committee(s) under Section 14 to the court or tribunal in accordance with the provisions of the service rules applicable to the said person. In the absence of service rules, the person aggrieved may prefer an appeal in such manner as may be prescribed. However, an appeal shall be preferred within a period of thirty days of the recommendations.


[1] Section 3, General Clauses Act, 1897 (“Document" shall include any matter written, expressed or described upon any substance by  means of letters, figures or marks, or by more than one of those means which is intended to be  used, or which may be used, for the purpose or recording that matter.”)

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