The Sound of Silence

This case examines a complaint of sexual harassment filed by an employee of a software company against a senior colleague. It narrates the inquiry process, during which the company’s Internal Committee (IC) faced the primary challenge of determining the complaint in the absence of direct evidence or eyewitnesses to the alleged harassment. The accused defended himself by arguing that his physical contact with the complainant was accidental and, therefore, could not be classified as sexual harassment. The complainant stated that she had suffered in silence because filing a complaint against a powerful senior colleague, particularly without direct evidence or witnesses, could jeopardize her employment under her contract. However, the accounts provided by the witnesses were consistent with the details stated in the complaint. The proceedings reflect the complexities involved in determining whether an allegation of sexual harassment should be substantiated. The case also examines the ethical obligations of a committee constituted under the Prevention of Sexual Harassment (POSH) framework and how it may apply the preponderance-of-evidence standard when reaching a decision. It draws on various provisions of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, enacted in India to help ensure a workplace free from sexual harassment.