DEFENCES AVAILABLE TO MALE EMPLOYEE IN CASE OF FRIVOLOUS AND VEXATIOUS COMPLAINTS OF SEXUAL HARASSMENT

Sexual harassment at workplace is a major problem which is faced worldwide. Sexual harassment does not only come in form of quid pro bono (if you will sleep with me, you will get promotion) but also in form of in appropriate jokes, showing pornography, direct or indirect unwelcome touching or any unwelcome in appropriate sexual behavior. When an employee claims sexual harassment to the internal committee or local committee, such internal committee of the company or local committee is bound to inquire into the matter and submit its report. Committing sexual harassment at workplace is definitely an act which affects the victim mentally.

 

 

But, in recent years there have been rising instances where false and vexatious complaints are filed against male employees. The question which comes here is that, being an accused of such an act which destroys the reputation and creates a negative influence on his career , social, life, mental health, how to protect himself from such accusation. Such accused must acknowledge and accept the created situation and must take action to resolve the false accusation before the Internal Committe. One must back its argument before the Committee with evidence documents such as voice recordings, messages, photographs, receipts, bills etc. which would prove that the accused was not present at the time of alleged incident. The burden of proof is on the accused, which requires him to produce prim face evidence for all of the essential facts in the case. There are several Indian Court judgments against false acquisitions of sexual harassment, where it has been proved that the accusations of sexual harassment were made falsely.

 

 

 

In case of Mr Sunil Menon vs Mr. Ramesh Chelliah the Hon’ble Karnataka High  Court has held that in the absence of any witnesses being cited, it was pointless to direct investigation as no independent evidence would be available to prove any of the accusations made in the complaint. As a result, the proceedings would degenerate into a weapon of harassment and persecution. The Hon’ble Delhi High Court has also observed that women can’t be treated as ‘innocent gullible victims’ in all cases where victim was found lying about sexual harassment by her employer. Considering the growing trend of false FIRs of rape and other sexual crimes, the Court noted that stereotyping women as “innocent gullible victims” in all scenarios is not correct and such false cases should be dealt with sternly.