Noida admin’s app to tackle sexual harassment at workplace includes penalty for false accusations

The app, being launched by the Noida administration, is taking into account false accusations, but it is only for female victims as the POSH Act itself is only for women
Recently, the Noida administration announced they were launching a centralised mobile app to tackle complaints of sexual harassment at workplace in the district. The app, which is currently under development, will include all industries and offices of the city. Any female employee of a company in Noida can use the app to file a complaint anonymously, in accordance with the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (POSH Act). However, in a major push for the ongoing #MenToo movement, this app – unlike other sexual harassment redressal systems across India – also includes a provision for strict punishment for false complaints and it also keeps the accused’s identity protected.
When it comes to male victims of sexual harassment at workplace, there is no legal provision for redressal, as the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (the POSH Act) is only for female victims
‘In case of false complaints, the complainant will receive the same penalty that the accused would have if found guilty of harassment’
This isn’t the first time the app-based approach of complaint redressal has been used for sexual harassment at workplace. The Union Ministry for Women and Child Development had launched a similar app – named SheBox – in 2017. The platform began as an anonymous mode to file a workplace sexual harassment complaint for public sector employees but was later expanded to include private companies too. However, it does not have in place any mechanism to punish false complaints. It merely dismisses false complaints and leaves it to the respondent to pursue a civil action against the false complaint if he wishes. This is where the Noida app differs. The developers say they are trying to ensure there is absolutely no misuse of the app and hence incorporated strict punishment for false complaints. Swati De, Joint Managing Director of InterraIT, the company that is developing the application, tells us, “Once a woman raises a complaint on the app or the website, it will directly go to her company’s ICC. If her company does not have an ICC, it will then go to the LCC and a fine of Rs50,000 will also be imposed on the firm for not having an ICC in accordance to the POSH Act. In case of false complaints, the complainant will receive the same penalty that the accused would have if found guilty of harassment.” Furthermore, anonymity will not only be given to the complainant but also to the respondent and their identities will only be revealed to the Internal Complaints Committee (ICC) of the company and the Local Complaints Committee (LCC) which has been constituted by the district administration.

“The name of the company and all parties involved in case of a complaint will also remain confidential and only be revealed to the ICC or LCC, whichever is handling the case and the District Magistrate. It will be ensured that no details are leaked,” says Swati. This has again been done to ensure a level playing field for both the parties and make sure that in case of false accusations, the respondent’s reputation isn’t tarnished.

According to Gautam Budh Nagar DM BN Singh, the initiative will help implement the POSH Act in the city in a better way. “Until now, the district has not been able to implement POSH Act in the way it should have been. Now with the help of this IT firm, we aim to execute the Act across the city as they will also be creating awareness about it through their training programs,” says Singh. Swati, who will also be a part of the LCC which has been constituted by the Gautam Budh Nagar District Magistrate (DM), adds that in case of serious allegations like rape, the LCC will help the complainant file the FIR with the police. “If the complaint is found of be criminal in nature, its investigation will be transferred to the local police. The LCC will only handle civil complaints of sexual harassment at workplace,” she says. The app is expected to be ready by August 15 and will also include a feature to track trends regarding the number of complaints registered, solved and feedback from the complainants.

Activists and legal experts say that establishing a proper mechanism for addressing false accusations – which this app does – will go a long way in minimizing such cases. Shonee Kapoor, who provides legal counsel to men facing false accusations, says, “It is indeed a very positive step. The provision for counter-complaint exists in the POSH Act but it does not deter false complaints. But steps like these will help institutionalise the mechanism that already exists. It would go a long way in protecting the sanctity of law. I feel the biggest hindrance in preventing sexual harassment at workplace is the false complaints. They create an environment where even genuine complaints are not taken seriously. So, having strong punishment as deterrent for false complaints goes a long way.”