False Allegations Under POSH Act Dangerous, Will Compromise System: Justice N Kotiswar Singh
Supreme Court's Justice N Kotiswar Singh has highlighted the misuse of provisions of the Prevention of Sexual Harassment (POSH) Act and said that making false allegations under the law is equally dangerous.
Speaking at the launch of the Portal for Complaints of Sexual Harassment of Women at Workplace of the Delhi High Court, the Supreme Court judge reflected on allegations that the POSH Act may be misused.
'There is a possibility, and it has happened. Our past experience shows that when the Dowry Prohibition Act was introduced. In the 80s, when we were students, we heard every day in the newspapers, these bride-burning cases, which prompted the legislature to enact this Dowry Prohibition Act. We see false allegations being made. The same is with domestic violence also; this is something that we have to be careful…" he said.
Referring to the POSH Act itself, Justice Singh said that it is not a transactional Act but a multilayered one, and members of the internal complaints committees must genuinely believe in the efficacy of the system.
On the step taken by the Delhi High Court to launch the portal, Justice Singh said it is indeed a very important step for the pure purpose that it enhances confidentiality and confidence among people, apart from transparency.
'A workplace should be a place for opportunity and accomplishment and creativity. Not a place generating fear and anxiety. A workplace must provide for respect and dignity of individuals and equal opportunity for all. Any such act that negates a conducive atmosphere for work has to be forbidden… As far as women are concerned, there is nothing more grievous than sexual harassment. It demeans women, acts as a barrier to creativity, slows down their efficacy, causing immense mental and physical trauma, which is completely antithetical to the principles of equality, liberty and justice that form the core principles of our Constitution. Therefore, this menace has to be taken head-on…" he added.
Justice Singh said that sexual harassment is not an act perpetrated by one individual on another. In fact, he said, it is the result of misogynistic, patriarchal, feudalistic, and male chauvinistic ideals, which still prevail in the minds of many who consider the role of women to be confined only to the domestic sphere.
On the large number of women joining and becoming valuable partners of the national building exercise, contributing in all walks of life, Justice Singh referred to the judiciary and said, 'We see that now the number of lady recruits in the judiciary is more than men. The average perhaps ranges from 40 to 70%. In fact, we joke sometimes that the men's species is going to vanish from the Indian judiciary, at least as far as the district judiciary is concerned."
The event was also attended by Justice Devendra Kumar Upadhyaya, Chief Justice of the Delhi High Court, and Justice Prathiba M Singh, who is the Chairperson of the Internal Complaints Committee.
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