Navigating Sexual Harassment Claims: What Happens When There's No Evidence?

Sexual Harassment Complaints - "What If" the Complainant Has No Evidence to Substantiate SH Allegations

Complaints/allegations of sexual harassment are to be dealt with by the Internal Committees or the Local Committee as per the codified service rules or the certified standing orders applicable to the respondent (the person against whom allegations are leveled) under the provisions of the SHWW (P,P & R) Act 2013 and the SHWW (P,P & R) Rules 2013 gazetted on 9.12.2013. The Internal Committee constituted by the employer under Section 4 of the said Act shall ascertain the "facts of the case" on the basis of evidence, if any, produced/examined by the complainant to substantiate/prove her "complaint/allegations" as well as the witnesses, if any, examined by the complainant or the individual so authorized/empowered under the said Act. The Internal Committee shall give all reasonable opportunities to the respondent to examine evidence and/or witnesses in his defense.

What if the Employee-Complainant is Unable or Unwilling to Produce Evidence?

What if the employee-complainant is unable or unwilling to produce/examine, before the Internal Committee, evidence and/or witnesses to substantiate the sexual harassment complaint filed/lodged? Observations, comments, or insights are welcome.

Kritarth Team of Special Educators
10.3.2019

The ICC should conduct inquiries to see whether any other evidence is available. Sometimes the complainant has a case, but due to the nature of harassment, evidence may not be directly available. Therefore, additional inquiry with others in the workplace may bring out evidence or indications of harassment. However, it should not be a fishing expedition. The possibility of the complaint being false also cannot be ruled out.

Thank you, Mr. Nathrao, for your valuable response. Do we understand that you are referring to or hinting at colleagues who may be willing to voluntarily appear before the IC if and when informed by the Internal Committees, to appear before the IC as an "Independent Witness"? This is with reference to your idea, "...Therefore, additional inquiry with others in the workplace may bring out evidence or indications of harassment."

Kritarth Team of Special Educators PoSH Programs
Service Centre/Office in Bengaluru
11.3.2019

Sexual harassment as a national issue

Sexual harassment is a serious national issue. Internal Complaints Committees (ICCs) are expected to perform their duties fairly and conduct thorough investigations before reaching any conclusions. The possibility of a complaint being false must also be considered, especially in the absence of evidence. While striving to achieve genuine equality and a workplace free from harassment, ICCs are expected to conduct in-depth investigations and seek the truth, particularly in cases where there is no direct evidence. Sexual harassment often occurs in private, but signs of the perpetrator's mindset and actions may be noticeable or observed by those who work closely with them.