If any male person has trapped
1 month ago
If any male person has trapped & female employee has reported framed & cooked story to ICC under POSH act, what is the tools for male employee
A.Dear Client,
The POSH Act, 2013, explicitly protects aggrieved women from sexual harassment in the workplace but also includes provisions to address false or malicious accusations. It ensures that all individuals, including men, have a redressal mechanism to plead their case if they are falsely accused. The Act upholds the principles of Natural Justice by providing equal opportunities for all parties to be heard.
Section 14 of the POSH Act, in conjunction with Rule 10 of the POSH Rules, deals with the punishment for filing false or malicious complaints. This applies to complainants or anyone involved in a conspiracy to make a false sexual harassment allegation or produce false or misleading documents or evidence. Such individuals can face consequences for their actions.
Section 18 of the POSH Act 2013 grants the respondent the 'right to appeal' against the recommendations or findings of the investigating team of the internal complaints committee (ICC). This serves as a deterrent against false complaints and prevents the misuse of power by the ICC.
If dissatisfied with the findings of the ICC, an individual has the right to file an appeal with the appellate authority or the Local Complaints Committee (LCC).
In a noteworthy case (Anita Suresh Vs Union of India & Others, Writ Petition (C) 5114/2015), the Hon’ble High Court of Delhi dismissed a writ petition filed by the complainant. The court directed the petitioner to pay a fine of INR 50,000 for filing a false complaint and misusing the provisions of the POSH Act, highlighting the legal consequences of making baseless accusations under the Act.
The POSH Act, 2013, explicitly protects aggrieved women from sexual harassment in the workplace but also includes provisions to address false or malicious accusations. It ensures that all individuals, including men, have a redressal mechanism to plead their case if they are falsely accused. The Act upholds the principles of Natural Justice by providing equal opportunities for all parties to be heard.
Section 14 of the POSH Act, in conjunction with Rule 10 of the POSH Rules, deals with the punishment for filing false or malicious complaints. This applies to complainants or anyone involved in a conspiracy to make a false sexual harassment allegation or produce false or misleading documents or evidence. Such individuals can face consequences for their actions.
Section 18 of the POSH Act 2013 grants the respondent the 'right to appeal' against the recommendations or findings of the investigating team of the internal complaints committee (ICC). This serves as a deterrent against false complaints and prevents the misuse of power by the ICC.
If dissatisfied with the findings of the ICC, an individual has the right to file an appeal with the appellate authority or the Local Complaints Committee (LCC).
In a noteworthy case (Anita Suresh Vs Union of India & Others, Writ Petition (C) 5114/2015), the Hon’ble High Court of Delhi dismissed a writ petition filed by the complainant. The court directed the petitioner to pay a fine of INR 50,000 for filing a false complaint and misusing the provisions of the POSH Act, highlighting the legal consequences of making baseless accusations under the Act.
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A.Dear Client,
While the POSH Act, 2013 explicitly protects aggrieved women, it provides men with a redressal mechanism to plead their case in the event of a false or malicious accusation. It provides all persons an equal opportunity to be heard, in line with the principles of Natural Justice. Section 14 of the PoSH Act read with Rule 10 of the PoSH Rules deals with the punishment for filing false or malicious complaints by the complainant or any other person who is involved in the conspiracy of filing a False sexual harassment allegation or producing false or misleading documents or evidence. Section 18 of the POSH Act 2013 gives the respondent the 'right to appeal' against the recommendations or findings of the investigating team of the internal complaints committee. This acts as a deterrent to any false complaints and prevents the misuse of power granted to the internal complaints committee. You can file an appeal to the appellate authority or LCC if you are not satisfied with the findings of the ICC. The Hon’ble High Court of Delhi has dismissed a writ petition (Anita Suresh Vs Union of India & Others (C) 5114/2015) filed by the complainant and has passed an order directing the petitioner/complainant to pay a fine of INR 50,000 for filing a false complaint and misusing the provisions of the PoSH Act. If required, you may consult with an Advocate for guidance and steps.
While the POSH Act, 2013 explicitly protects aggrieved women, it provides men with a redressal mechanism to plead their case in the event of a false or malicious accusation. It provides all persons an equal opportunity to be heard, in line with the principles of Natural Justice. Section 14 of the PoSH Act read with Rule 10 of the PoSH Rules deals with the punishment for filing false or malicious complaints by the complainant or any other person who is involved in the conspiracy of filing a False sexual harassment allegation or producing false or misleading documents or evidence. Section 18 of the POSH Act 2013 gives the respondent the 'right to appeal' against the recommendations or findings of the investigating team of the internal complaints committee. This acts as a deterrent to any false complaints and prevents the misuse of power granted to the internal complaints committee. You can file an appeal to the appellate authority or LCC if you are not satisfied with the findings of the ICC. The Hon’ble High Court of Delhi has dismissed a writ petition (Anita Suresh Vs Union of India & Others (C) 5114/2015) filed by the complainant and has passed an order directing the petitioner/complainant to pay a fine of INR 50,000 for filing a false complaint and misusing the provisions of the PoSH Act. If required, you may consult with an Advocate for guidance and steps.
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