False Sexual Harassment Allegations Create Psychological Burden On Innocent Accused, Must Be Dealt With 'Iron Fist': Punjab & Haryana HC

The Punjab & Haryana High Court has directed police to conduct investigation against a woman suspected of filing multiple false sexual harassment cases, observing that the "practice of filing false complaints of sexual harassment needs to be dealt with an iron fist in order to deter people from executing their nefarious designs and protect the interests of the innocent victims."

Justice Harpreet Singh Brar, directed the Director General of Police, Haryana to look into the credentials of the woman and assign an IPS Officer to conduct a thorough investigation into the allegations levelled by her and find out how many complaints of a similar nature have been filed by her in the States of Punjab, Haryana and U.T. Chandigarh.

"In case the allegations levelled by the petitioner are found to be false and manipulated, the DGP, Haryana is directed to take strict action against her, in accordance with law," the Court added.

The Court observed, "This unscrupulous and unethical practice of initiating criminal prosecution in order to extort money from unsuspecting victims, must be taken note of and strictly condemned to ensure that the judicial process is not used as an instrument of oppression and harassment. Stooping to such practices indubitably has wider ramifications on society as it becomes increasingly difficult to distinguish between genuine and false cases"

It makes people glaringly insensitive to cases of genuine plight and misery, resulting in the privation of compassion towards genuine victims. If this modus operandi is allowed to continue unchecked, irreparable loss would be caused to the society at large, the judge added.

These observations were made while dismissing a woman's plea to register a criminal case to investigate allegations that she was sexually harassed by her landlord. 

The Court noted that, during police inquiry, it was discovered that the genesis of the issue lay in a dispute over the vacation of a rented accommodation.

While dismissing her plea, the judge opined, "the Court must not act like a mere post office and direct investigation into every case qua which an application under Section 156(3) Cr.P.C. is filed."

Justice Brar further highlighted that the petitioner had filed multiple cases of sexual harassment earlier and in an order passed in July, another bench had noted that a bulk of 19 sexual harassment complaints had been filed by the petitioner in Haryana's Jind itself.

"The Court is duty bound to look into such cases with extra care and scrutiny in order to protect innocent citizens. Moreover, the Court is well within its power while exercising its inherent jurisdiction under Section 482 Cr.P.C. or under Article 226 of the Constitution of India to look into the overall circumstances and the oblique motive of the complainant for falsely implicating innocent persons in countless cases," observed the judge.

The Court further added that the impact of false implication is deeply stigmatic and creates a psychological burden on the person portrayed as the accused.

He is doomed to live in a constant state of fear and anxiety due to humiliation brought in by the blemish of being a perpetrator of a sexual offence. The entire ordeal also unjustly taints the painstakingly built reputation of the wrongly accused, which is bound to have long term adverse effects on his life and self-esteem, it added.

Raising concern over rising sexual harassment cases in the Country, the judge said, "by instituting false cases, the sufferings of the victims are undermined, leading to a perception among women that even if they step forward to report an offence, they will not be taken seriously either by the investigating agency or the Court."

Consequently, the Court directed the police to conduct an investigation against the woman and directed the DGP, Haryana to file a compliance report, detailing the action taken, before the Registry of this Court within 3 months.

Mr. Kamal K. Yogi, Legal Aid Counsel for the petitioner.

Mr. Vikas Bharadwaj, AAG, Haryana.

Title: XXX v. XXX

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