ICS Cannot Shield Identified Instigators By Terming Them “UNKNOWN”

Introduction

The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (“POSH Act”) was enacted in India to protect women from sexual harassment at the workplace and to ensure a safe and dignified working environment. The law is clearly women‑oriented and aims to promote confidence, security, and equality for women in professional spaces.

At the same time, the POSH Act is not meant to be used as a tool for victimising innocent employees. Keeping this in mind, the legislature included Section 14, which allows action to be taken against a complainant or witness if a complaint is found to be false or malicious, subject to proper inquiry. This shows that while the Act strongly protects women, it also recognises the need to prevent misuse.