False Complaint of Sexual Harassment

Last updated on Jun 22, 2022

False complaints made on purpose or fake documents given to the committee are taken very seriously. If a victim or someone acting for them does either of these things, they could be punished based on the service rules of the workplace. If there are no service rules, the action taken against them can be decided by the Committee(( Section 14(1), Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013)). As punishment they may(( Section 9, Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Rules, 2013.)):

  • Have to give a written apology
  • Be given a warning or censure
  • Not be given a promotion
  • Not be given an increment
  • Lose their job
  • Have to have a counselling session
  • Have to do community service

Just because a victim is unable to provide enough proof to the Committee, it does not always make her complaint false(( Section 14(1), Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013.)). The Committee will have to find out if she made a wrong complaint on purpose.

For example, if Isha makes a complaint against Rohit but there are no witnesses, documents, or anything at all that shows there was sexual harassment, her complaint will not be seen as false. But, if Isha wrote an email to a friend telling them she was lying about the harassment happening, her complaint could be seen as malicious or false.

How useful was this post?

Click on a star to rate it!

Average rating 0 / 5. Vote count: 0

No votes so far! Be the first to rate this post.

As you found this post useful...

Follow us on social media!

We are sorry that this post was not useful for you!

Let us improve this post!

Tell us how we can improve this post?

Leave a Reply

Your email address will not be published. Required fields are marked *

Have a question you want to ask our legal experts?

Related Resources

Guide for Survivors of Sexual Harassment at the Workplace

This guide by Nyaaya and Ungender helps those who have faced sexual harassment at the workplace to navigate the legal process in such situations.

What is Sexual Harassment?

Sexual harassment can happen in several ways. Actions such as following a person on the streets or in any public space, peeping into their bedroom, making sexual gestures at them while they are at work or in the classroom, singing lewd songs - all of this is sexual harassment.
Crimes and Violence

Filing a Complaint against Sexual Harassment

The law has provided a detailed mechanism for filing complaints related to sexual harassment at the workplace.

Types of Child Sexual Abuse

Indian law classifies the types of child sexual abuse into different types of crimes, regardless of the child’s gender .
Crimes and Violence

Accused of Sexual Harassment at the Workplace

Only women are protected from being sexually harassed at their place of work, but sexual harassment can be done by anyone, male or female.

When to file a Complaint against Sexual Harassment

Generally, you must file a complaint within three months of the incident of sexual harassment that you have faced.