False complaints under the Prevention of Sexual Harassment at Workplace Act, 2013 (PoSH Act) pose a serious risk to the integrity of the redressal framework, Supreme Court judge Justice N Kotiswar Singh cautioned on Thursday. .He compared the possible misuse of PoSH provisions to experiences under the Dowry Prohibition Act and the Domestic Violence Act, stressing that while the legislations benefited women, it was also being misused.“There are also apprehensions that this may be misused — there is a possibility and it has happened. Making false allegation is equally dangerous and compromises the system,” Justice Singh said.He was speaking at the launch of the Delhi High Court’s new digital portal for filing complaints under the PoSH Act.“This is not a transactional Act but a multilayered one. Members of the ICC must genuinely believe in the efficacy of the system; only then will it create confidence,” Singh said..Justice Singh batted for a shift in institutional culture and emphasised on the emotional needs of complainants and cautioned against performative responses.“It is also important for the menfolk to extend cooperation, but with empathetic attitude. Not sympathy, but empathy,” he said.Justice Singh also stressed that the ICC process must not mirror a full-scale trial. “Conciliation is very important. If you handle it like a trial, it’s going to hurt both the sides. It’s not a very pleasant experience.”.Justices Prathiba M Singh, Amit Bansal, Neena Bansal Krishna, Tara Vitasta Ganju and Shalinder Kaur of Delhi High Court also attended the event along with Delhi High Court Bar Association (DHCBA) President N Hariharan and Delhi Bar Council Secretary Rajesh Mishra..The newly launched portal—developed in coordination with DHCBA and the Bar Council of Delhi—is designed to assist women in identifying the correct Internal Complaints Committee (ICC) to approach.It allows confidential online filing with additional resources such as FAQs, legal assistance and the ability to save a complaint draft before submission.“One who is facing sexual harassment does not know where to go, and that is the question this portal seeks to answer,” said Justice Prathiba M Singh, chairperson of the Delhi High Court ICC.She added that the initiative draws from institutional learnings post the Supreme Court’s 2023 judgment in Aureliano Fernandes v. State of Goa, authored by Justice Hima Kohli, which called for strengthened implementation of the PoSH Act..Justice Singh noted that many complaints handled by the ICC arose out of misunderstanding or a lack of awareness and that a number of them were closed after preliminary inquiry.“Some complaints are genuine and some are not. There could be various extraneous considerations also, which lead to filing of such complaints,” she said.She detailed recent efforts to build procedural safeguards and accountability such as authenticating digital evidence, appointing amicus curiae for complainants and conducting sensitisation programs for over 900 court staff.“Sometimes men—or even women—may use language which may not be acceptable, but they don’t know that it is not acceptable language,” she explained.“After the sensitisation workshops, we actually saw a reduction in the number of complaints.”.A sub-committee of Justices Neena Bansal, Tara Vitasta Ganju and Shalinder Kaur has finalised a set of internal guidelines for uniform procedure across ICCs, soon to be adopted by the DHCBA and Bar Council of Delhi.Justice Prathiba Singh also called for a broader interpretation of victim/ complainant under the law.“Sexual harassment now need not be restricted only to women complainants but could also be extended to men and to all persons with different sexual orientations.”.Chief Justice Devendra Kumar Upadhyay commended the rapid launch of the portal and reiterated the importance of early resolution through mediation.“Many a times these complaints are not in the nature of sexual harassment mainly because of lack of proper understanding of the scope of the Act. I would urge the ICC to try conciliation first,” he said..Senior Advocate and DHCBA President N Hariharan described the portal as more than just a technological initiative. “This is not just a portal but a promise,” he said, adding that the legal profession must lead by example in creating safe workplaces. “Sexual harassment is a violation of personal trust and safety. For too long, silences have been forced as a companion for many women — that changes today,” he said. He urged members of the Bar to act as “gatekeepers of justice” and urged the legal community to proactively foster a culture where dignity and equality are non-negotiable.
