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Misuse of Sexual Harassment Act - Lesson to learn: The birth of Sexual Harassment law in India began with sympathetic judiciary in 1997 in the matter of Vishaka v. State of Rajasthan. The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 was enacted. The main purpose for the formation of the act was to provide a safer working environment for women and to form a swift and easy complaint mechanism at the work place instead of involving police, all the time. Section 2(n) of the Act defines sexual harassment as, a physical contact and advances, demand or request for sexual favors, showing pornography and any other unwelcome physical, verbal or non-verbal conduct of sexual nature. Although this act seems to have been a boon to the cries of women, it has often been misued by Women employees and the Management indirectly, as seen in our experience at Legajoist - Advocates & Solicitors. Nevertheless, Section 14 of the Act talks about, “punishment for false complaints”. But the same is rarely used. A 2016 decision held by Karnataka High Court in Shri. Arjit M. Pujeri v. Karnataka Power Transmission as well as the articles published by various news agencies shows the blatant misuse of the act, In the matter, 10 employees were suspended for one and a half years due to instigating their junior Ms. B.V. Sindhu to file a false sexual harassment complaint against Mr.T.B Majjagi and named Maruti Doddamani and MT Takkalki as an accomplice to the crime. Mr. Majjagi who was jailed and sacked from his job while Mr. Takkalki had consequently died of a heart attack because of the complaint. Subsequently, the complaint was proven to be false. Sindhu filed a review petition, but fearing court action she withdrew her petition and confessed to be part of conspiracy against the Mr. Majjagi. The subsequent actions will not be equal to compensate the family of the falsely accused for their mental trauma or social stigma that had been attached to them. The above case study shows the wrongful mentality of the decision makers to have an over sympathy towards women and a judgmental outlook towards men / alleged culprit, before any decision is made. The decision makers in the organization are in great hurry to jump to the conclusion by giving decision against innocent male employee, as a soft and uncontroversial target, without following the law and its spirit. But, in reality, the matter has to reach to its logical conclusion, and such absurd decisions are reversed by competent Courts. The consequences of reinstatement are equally painful for the organization, which would not have happened if complaint was judiciously disposed off. Hence, it is important that such laws passed for the preservation of women dignity, should not act as a weapon to attack the male dignity.
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