Asian Journal of Management and Commerce
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P-ISSN: 2708-4515, E-ISSN: 2708-4523

Asian Journal of Management and Commerce


Employee safety: Building a case for stricter punishment for malicious complaints under the POSH act

Employee safety: Building a case for stricter punishment for malicious complaints under the POSH act


Author(s): Dr. Surabhi Dhingra

Abstract: Purpose: Every Act is prone to being misused and the same is true for the POSH Act as well. The authors intend to understand this unexplored area of research in the context of Indian workplaces. The section where the punishment prescribed for a woman making a malicious complaint is the same as a male respondent found guilty. Despite this clear provision, complaints are still made with a malicious intent.Design Methodology/Approach: Real life case studies were analysed by POSHCA team members and their associates from amongst over 100 complaints handled over an eight year period of 50 plus organisations pan-India. An attempt was made to understand the reasons why women made malicious complaints. Three case studies are produced here as sample cases to understand the situations that led to levelling of false allegations against males. Findings: It was analysed that malicious complaints can be mainly categorized into the following three segments-1)To take leave allowed under the “interim period” when inquiry is on2)To arm twist for personal gains3)For taking revenge against work-related mattersPractical Implications: The fear created amongst male colleagues and especially the superiors because of the misuse by women for their personal gain creates an unproductive workplace. In the long run, the superiors begin to avoid hiring women and this goes against the “Diversity and Inclusion Policy” and creates a gender imbalance which again is counter-productive. Here lies the need for stronger steps to be taken to deter women from misusing the noble POSH Act. Also, there is a psychological and societal loss for men who take years to build their reputation and promotions through honesty and hard work.Originality/Value: This paper is an original piece of work of practitioners who handle complaints in the capacity of External Counsels on the Internal Complaints Committees of organisations differing in size/ownership/ locations etc. This contribution by the authors adds value to the literature on the implementation of the Act in India.

DOI: 10.22271/27084515.2022.v3.i2b.110

Pages: 79-83 | Views: 101 | Downloads: 45

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How to cite this article:
Dr. Surabhi Dhingra. Employee safety: Building a case for stricter punishment for malicious complaints under the POSH act. Asian J Manage Commerce 2022;3(2):79-83. DOI: 10.22271/27084515.2022.v3.i2b.110
Asian Journal of Management and Commerce