Explore the significance of the anonymity of witnesses under the POSH act per Latest Judgement in this blog. Read on to know!
The anonymity of witnesses refers to the protection of the identity of a witness in a case of sexual harassment, as per the POSH Act. This is done to prevent retaliation or intimidation against the witness by the accused or their associates. The POSH Act as per latest judgement, which was passed in 2013, lays out the procedures for addressing complaints of sexual harassment in the workplace.
It also includes provisions for protecting the anonymity of witnesses, as well as the confidentiality of the complaint and investigation process. In recent years, there have been several high-profile cases where the anonymity of witnesses has been called into question. In some instances, the identity of the witness has been revealed to the public, either by the media or by the accused themselves.
This has led to concerns about the safety and well-being of the witness, as well as the potential chilling effect on people who may wish to come forward with their complaints of sexual harassment. In response to these concerns,
The Anonymity of Witness under the Posh Act
The Indian judiciary has issued several judgments in recent years to clarify the anonymity of witnesses under the POSH Act. Vakilsearach can assist you in any situation and provide you with more information. In a 2017 judgment, the Bombay High Court held that the anonymity of witnesses should be protected at all stages of the complaint and investigation process, including during the inquiry and at the time of filing the complaint.
The court emphasized that the anonymity of the witness must be maintained. It should be done to ensure that the complaint is heard without fear or intimidation. In a 2018 judgment, the Delhi High Court also upheld the anonymity of witnesses, stating that the identity of the witness should not be revealed unless it is necessary for the investigation.
The court further stated that if the identity of the witness is revealed, It could lead to a chilling effect on other individuals who may wish to come forward with their complaints of sexual harassment. More recently in 2021, the SC of India in a judgment stated that the anonymity of a witness in a sexual harassment case should be protected.
And the identity should not be revealed until the inquiry is over and the report is submitted. The court also stated that revealing the identity of the witness could lead to the intimidation of the witness and could also discourage other victims from coming forward with their complaints. It is clear from these judgements that the Indian judiciary recognizes the importance of protecting the anonymity of witnesses in cases of sexual harassment. By maintaining the anonymity of the witness,
The court ensures that the complaint is heard without fear or intimidation and that other individuals who may wish to come forward with their complaints are not discouraged from doing so.
Did you know?
In the workplace, sexual harassment has affected seven out of ten disabled women.
In the Case of Imalkant Bhanuprasad Shrimali vs. Idmc Limited
This case further highlights the importance of protecting the anonymity of witnesses in cases of sexual harassment.
In this case, the complainant had filed a complaint of sexual harassment against the accused,
and during the inquiry, the identity of the witness was revealed to the accused. The accused then proceeded to intimidate and threaten the witness, which resulted in the witness being unable to testify in the case.
The court in this case held that the anonymity of the witness should have been protected at all times and that the failure to do so had resulted in the intimidation. It also led to threats toward the witness, Which had a detrimental effect on the outcome of the case.
The court emphasized that the anonymity of the witness is a crucial aspect of the POSH Act and must be strictly adhered to ensure a fair and just inquiry. This case serves as a reminder of the importance of protecting the anonymity of witnesses in cases of sexual harassment,
and the consequences that can arise when this anonymity is not protected.
Employers and authorities must take the necessary steps to protect the anonymity of the witnesses as per the POSH Act. Also, they should ensure that the complaint is heard without fear or intimidation.
FAQs
When is the anonymity of witnesses protected under the POSH Act?
The anonymity of witnesses is protected at all stages of the complaint and investigation process under the POSH Act.
Can the identity of the witness be revealed in a case of sexual harassment?
The identity of the witness should not be revealed unless it is necessary for the investigation. it should be revealed with the permission of the inquiry officer. Revealing the identity of the witness could lead to the intimidation of the witness. Also, it could also discourage other victims from coming forward with their complaints.
What happens if the anonymity of a witness is not protected?
If the anonymity of a witness is not protected, it can lead to retaliation or intimidation against the witness. it can be done by the accused or their associates. This can have a detrimental effect on the outcome of the case and can stop people from coming forward with their complaints of harassment.
Conclusion
In conclusion, the anonymity of witnesses under the POSH Act is a crucial aspect to protect the rights of the victim and the witnesses. it should be done to ensure that the complaint is heard without fear or intimidation. The recent judgments by the Indian judiciary have emphasized the importance of maintaining the anonymity of witnesses at all stages of the complaint.
This is to ensure that the process is fair and just and that the victims and witnesses are protected from retaliation or intimidation. The employers and authorities must take the necessary steps to protect the anonymity of the witness as per the POSH Act.
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