Handling Anonymous Sexual Harassment Complaints: Can We Act on WhatsApp Evidence?

Dear All,

We have received an anonymous complaint on sexual harassment. An email has been created and reported a complaint about another employee. The person does not want to reveal their identity but wants us to take action. A WhatsApp screenshot has been sent as proof.

Do we have to act on the complaint without identification? Can WhatsApp be considered as proof?

We request your suggestions on the same.

Regards,
Suman

An initial inquiry has to be conducted, and findings are to be kept in the records of the company. Anonymous complaints regarding sexual harassment, graft, and malpractices in transactions cannot be ignored.

Dear Suman, Please check the policy on Prevention of Sexual Harassment. If it allows you to entertain anonymous complaints, go ahead and take action. Otherwise, please reply to that email stating that no action can be taken on anonymous complaints and the person should come out in the open and complain so that the proper procedure can be followed.

Furthermore, WhatsApp messages are good proof of an offense. However, it would be prudent to make an inquiry (official or unofficial) if the case has been reported in the organization.

If you need any professional help in the matter, please feel free to contact us.

Thanks,

Kind Regards,

Avika Kapoor

Vice President - Operations

Website: http://www.kapgrow.com

In view of the Madras High Court decision in Mr. Bader Sayeed v. Southern India Education case decided on 3.8.2012, no action should be taken on an anonymous complaint in a sexual harassment case because there is no complainant to prove the complaint.

The complaint, whether anonymous or pseudonymous, certainly provides some hidden proof through WhatsApp. Prima facie, there exist some abnormal activities, particularly related to sexual harassment, which may not come to light easily. Even purchases and bribes may not be disclosed openly. Whistleblowing or other methods are the only possibilities, as there is often misuse of power and authority. Everyone is compelled to seek alternative ways to gather proof for the cleansing of the organization. This will also aid the authorities in understanding the true nature of the individual.

In reality, we can only truly know a person when they are alone. Being alone is the circumstance where two minds can conspire to act in a singular manner. Sometimes, this can prove disastrous if the other mind does not cooperate and reveal the facts. Therefore, there is no individual mind capable of making or tarnishing an organization. It is crucial to delve into the issues and identify where the problems lie. The initiation itself brings forth numerous facts to light.

Best of luck...

It is better to pursue a remedy under the Indian Penal Code (IPC) through an NGO than to have the action under the said Act stalled due to procedural lacunae.