False complaints under the PoSH law
Section 14 penalises malicious complaints (not unproven ones). Proving intent to harm is essential – mere lack of evidence doesn’t imply falsity.
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PoSH
Understanding what amounts to the act of “sexual harassment”
PoSH defines it: Unwelcome physical/verbal/visual conduct of sexual nature creating hostile work environment or linked to employment decisions.
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Are IC meetings mandatory?
Yes, Rule 14(1) mandates ICs meet quarterly to review complaints, policy effectiveness & training needs – non-compliance risks penalties.
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Understanding bias: PoSH inquiry
ICs must recognise confirmation, gender & hierarchy biases. Counter via external members, evidence-first approaches & continual bias training.
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Upholding IC Powers: The Kerala High Court on Interim Transfers under the PoSH Act
Landmark 2021 ruling: Employers liable for third-party harassment if negligent in prevention, expanding PoSH’s protective scope.
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Understanding the PoSH inquiry process
The process includes: receiving the complaint, assessing prima facie merit, collecting evidence, holding hearings, making findings, and monitoring implementation.
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