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Behavior and Law

Findings and Recommendations

Prevention, Prohibition and Redressal of Sexual Harassment of Women at Workplace Act 2013 (Sections 1–9, 11–20)

Paper III · Unit 3 Section 7 of 15 0 PYQs 24 min

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Findings and Recommendations

6.1 If Allegation Proved (Section 13)

The ICC/LCC shall recommend to the employer or District Officer:

  1. Action against the respondent in accordance with service rules — including dismissal, demotion, withholding of promotion
  2. Deduction of compensation from respondent's salary and payment to aggrieved woman
  3. Payment from respondent's provident fund or insurance scheme if salary is insufficient

Determining compensation (Section 15): The ICC/LCC considers:

  • Mental trauma, pain, suffering, emotional distress caused
  • Loss in career opportunity
  • Medical expenses incurred for treatment
  • Income and financial status of the respondent
  • Feasibility of lump-sum vs installment payment

6.2 If Allegation Not Proved (Section 13(3))

If the ICC/LCC concludes the allegation is false or the aggrieved woman has made the complaint with malicious intent — it may recommend action against the complainant under service rules. However:

  • Mere inability to prove a complaint does NOT constitute malicious intent
  • The provision is carefully drafted to prevent deterrence of genuine complaints

6.3 Malicious Complaint vs. False Complaint

This is critically important for exam:

  • Malicious complaint: Intent to harass the respondent through a false allegation — warrants action
  • Unproven complaint: Genuine complaint that could not be proved — NO action against complainant
  • The burden of proving malicious intent is high — protects whistle-blowers and genuine victims