Justice N Kotiswar Singh of the Supreme Court raised concern about misuse of the PoSH Act at the Delhi High Court’s digital portal launch. He stressed genuine use, empathy, and early resolution to maintain trust in the system.
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NEW DELHI: Supreme Court Judge Justice N Kotiswar Singh raised serious concern about the misuse of the Prevention of Sexual Harassment at Workplace Act, 2013 (PoSH Act).
Speaking during the launch of a new digital complaint portal by the Delhi High Court, he warned that false complaints under the law can damage the fairness and trust in the system.
“There are also apprehensions that this may be misused — there is a possibility and it has happened. Making false allegation is equally dangerous and compromises the system,”
-said Justice Singh.
He shared his concerns by comparing how the PoSH Act, like the Dowry Prohibition Act and the Domestic Violence Act, has greatly helped many women—but also sometimes gets misused.
He added that the PoSH Act is not just a simple law but a complex one, and everyone involved in the process must have full trust and belief in the system for it to work well.
“This is not a transactional Act but a multilayered one. Members of the ICC must genuinely believe in the efficacy of the system; only then will it create confidence,”
-he said.
Justice Singh also talked about how institutions should focus more on the emotional side of complaints. He said legal bodies should not treat these cases like full court trials, and that compassion should be shown, especially by men.
“It is also important for the menfolk to extend cooperation, but with empathetic attitude. Not sympathy, but empathy,”
-he said.
“Conciliation is very important. If you handle it like a trial, it’s going to hurt both the sides. It’s not a very pleasant experience.”
Several other respected judges from the Delhi High Court attended the event, including Justices Prathiba M Singh, Amit Bansal, Neena Bansal Krishna, Tara Vitasta Ganju, and Shalinder Kaur, along with Delhi High Court Bar Association (DHCBA) President N Hariharan and Delhi Bar Council Secretary Rajesh Mishra.
The newly launched portal was developed jointly by the Delhi High Court Bar Association and the Bar Council of Delhi. It aims to help women find the correct Internal Complaints Committee (ICC) and file their complaints online. It also provides useful help like FAQs, legal advice, and the ability to save complaints before sending.
“One who is facing sexual harassment does not know where to go, and that is the question this portal seeks to answer,”
-said Justice Prathiba M Singh, who chairs the Delhi High Court ICC.
She explained that the idea for this digital tool came after the Supreme Court’s 2023 judgment in Aureliano Fernandes v. State of Goa, where Justice Hima Kohli pushed for stronger PoSH law enforcement.
Justice Prathiba Singh also pointed out that many complaints filed under PoSH come from confusion or lack of knowledge and that many cases are closed after early investigation.
“Some complaints are genuine and some are not. There could be various extraneous considerations also, which lead to filing of such complaints,”
-she said.
She explained efforts taken to ensure fairness and trust—like verifying digital evidence, assigning special legal helpers (amicus curiae) for complainants, and holding awareness workshops for over 900 court staff.
“Sometimes men—or even women—may use language which may not be acceptable, but they don’t know that it is not acceptable language,”
-she explained.
“After the sensitisation workshops, we actually saw a reduction in the number of complaints.”
A special committee of Justices Neena Bansal, Tara Vitasta Ganju, and Shalinder Kaur has also made standard internal guidelines to help all ICCs follow the same process. These will soon be followed by the DHCBA and the Bar Council of Delhi.
Justice Prathiba Singh also gave an important suggestion to widen the definition of complainant under the PoSH law.
“Sexual harassment now need not be restricted only to women complainants but could also be extended to men and to all persons with different sexual orientations.”
Chief Justice Devendra Kumar Upadhyay praised how quickly the new online system was launched and highlighted the importance of solving cases early, possibly through friendly resolution.
“Many a times these complaints are not in the nature of sexual harassment mainly because of lack of proper understanding of the scope of the Act. I would urge the ICC to try conciliation first,”
-he said.
Senior Advocate and DHCBA President N Hariharan also shared his thoughts and praised the launch, calling it more than just a tech move.
“This is not just a portal but a promise,”
-he said.
He urged the legal profession to lead the way in making workplaces safer and fairer.
“Sexual harassment is a violation of personal trust and safety. For too long, silences have been forced as a companion for many women — that changes today,”
-he said.
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He encouraged lawyers to take responsibility and create a culture of respect.
“Gatekeepers of justice, every legal professional must help build workplaces where dignity and equality are non-negotiable.”
What is the PoSH Act in India?
The PoSH Act stands for the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013.
It is a law enacted by the Government of India to protect women from sexual harassment at their place of work and to ensure a safe and dignified working environment.
Purpose of the PoSH Act
- To prevent sexual harassment at workplaces
- To prohibit such conduct through clear rules and procedures
- To provide a redressal mechanism for women who face harassment
Key Features of the PoSH Act
- Definition of Sexual Harassment
The Act defines sexual harassment as unwelcome acts such as:- Physical contact and advances
- Demand or request for sexual favors
- Sexually colored remarks
- Showing pornography
- Any other unwelcome physical, verbal or non-verbal conduct of a sexual nature
- Applicability
The Act applies to:- All workplaces in the public and private sectors
- Government offices, hospitals, educational institutions, NGOs
- Both formal and informal work settings
- Domestic workers are also covered
- Internal Complaints Committee (ICC)
Every workplace with 10 or more employees must form an Internal Complaints Committee (ICC) to handle complaints of sexual harassment. - Complaints and Inquiry Process
- Complaint must be made ideally within 3 months of the incident
- ICC must complete its inquiry within 90 days
- Employer must act on the report within 60 days
- Confidentiality
The identity of the complainant, respondent, and details of the case must be kept confidential throughout the process. - No Retaliation
The law protects the complainant from any kind of punishment, discrimination, or retaliation for filing a complaint.
Who Can File a Complaint?
Any woman who is employed, a contract worker, intern, trainee, or even a visitor to a workplace can file a complaint if she experiences sexual harassment.
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