If you are stuck in such a situation, here is what to do.

A client, Ms. Priya Mehra, is facing a hostile environment at her job at a tech firm, “Quantum Innovations Ltd.,” located in the city of Chandrapur. She recently transferred from the ‘Operations’ division to the ‘Logistics’ division about two months ago. Now, her former department claims that a crucial client data file, last accessed during her tenure there, has gone missing.

The management is unfairly targeting Ms. Mehra, placing the entire blame on her. They are absolving her former supervisor, Mr. Alok Verma, who was equally responsible for the files, as well as the current staff in the Operations division. The management has verbally berated her, screaming that she is solely responsible for the loss. When she attempted to explain the file handling process and suggest others who had access, they refused to listen and treated her with extreme disrespect. Crucially, they have refused to provide any written communication or notice officially holding her responsible, likely to avoid creating a paper trail.

This situation of being singled out, shouted at, and unfairly blamed constitutes severe workplace harassment and mental agony. It is a targeted campaign to make her a scapegoat for a systemic failure.

Advice in such cases

If you find yourself in a similar predicament, it is essential to act strategically to protect your rights and career.

• Document Everything: Create a detailed timeline of events. Note down the dates, times, people involved, and the specifics of what was said or done. If you have any verbal conversations, send a follow-up email summarizing the discussion to create a written record. For example, “Dear [Manager’s Name], further to our conversation today, I want to reiterate that…”
• Communicate in Writing: Insist that any accusations or serious discussions be communicated via official email. This creates undeniable evidence. If they refuse, document their refusal.
• Identify Witnesses: Think about colleagues who may have witnessed the harassment or who can vouch for your work ethic and the standard procedures in the department. Their testimony can be valuable later.
• Review Company Policy: Check your employee handbook for policies on grievance redressal, workplace conduct, and harassment. Follow the procedure laid out by the company.
• Stay Professional: Avoid emotional outbursts. Maintain a calm and professional demeanor in all interactions. Your objective is to resolve the issue, not escalate it unproductively.
• Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think.

Applicable Sections of Law

Several provisions of Indian law can be invoked in such situations of workplace harassment and false accusations:

• The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (POSH Act): While the name suggests a focus on sexual harassment, its definition of a hostile work environment can sometimes be interpreted broadly. If the harassment has any gendered undertones, this is the primary statute to use. Every company with more than 10 employees must have an Internal Complaints Committee (ICC).
• Bharatiya Nyaya Sanhita, 2023 (BNS):
  • Section 351 (Criminal Intimidation): If the act of screaming and creating a hostile environment is done to cause alarm or to compel you to do something you are not legally bound to do (like accept blame), it can amount to criminal intimidation.
  • Section 356 (Defamation): If your employer makes false allegations about you to other employees or third parties, harming your reputation, you can initiate proceedings for defamation.
• Industrial Disputes Act, 1947: This act provides mechanisms for resolving disputes between employers and employees, including issues related to unfair labour practices.

If you are the complainant

In this context, the “complainant” would be the company or the management accusing the employee. If you are an employer in this situation, it is crucial to follow due process. Making baseless allegations can lead to legal repercussions. You must conduct a fair and impartial inquiry, give the employee a chance to be heard, and document all steps. Accusations should be based on concrete evidence, not assumptions. Failure to do so can expose the company to lawsuits for wrongful termination, harassment, and defamation.

If you are the employee being accused, and the company is the complainant, your strategy is to dismantle their case. You should:

• Immediately respond to any written accusation with a detailed rebuttal, pointing out factual inaccuracies and procedural lapses.
• Gather evidence that supports your innocence, such as emails, witness information, and procedural documents that show others also had access or responsibility.
• Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think.

If you are the victim

As the employee being harassed and unfairly blamed, you have several avenues for recourse:

• Internal Complaint: File a formal written complaint with the company’s Human Resources (HR) department or the Internal Complaints Committee (ICC) if applicable. Detail the harassment, the false allegations, and the hostile environment being created. Demand a formal investigation.
• Legal Notice: Through a lawyer, you can send a legal notice to the company. This notice will outline the harassment, demand an immediate stop to it, ask for a written apology, and state that you will pursue legal action if the matter is not resolved.
• Police Complaint: If the harassment involves criminal intimidation (threats, aggressive shouting) or actions that endanger you, you can file a complaint at the local police station, who can register a First Information Report (FIR) under relevant sections of the Bharatiya Nyaya Sanhita (BNS).
• Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think.

How the police behave in such cases

Initially, the police might view a workplace dispute as a civil or internal corporate matter. They may be hesitant to file an FIR unless there is clear evidence of a cognizable offence like criminal intimidation, assault, or wrongful confinement. They might advise you to first use the company’s internal grievance mechanisms or approach a labour court. However, if your complaint is well-drafted and clearly outlines the criminal elements, supported by a lawyer’s advice, they are obligated to register it under the provisions of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS).

FAQs people normally have

What evidence is required?

Strong evidence is key to building a solid case. This can include:

• Digital Communication: Emails, text messages, or any official communication related to the accusation and your response.
• Witnesses: Colleagues who can testify about the harassment or the standard operating procedures that prove you weren’t solely responsible.
• Documentation: Your employment contract, previous performance appraisals (to show a good track record), and any company policy documents on grievance redressal.
• Audio/Video Recordings: While the legality of secret recordings can be complex, they can sometimes be admitted as evidence depending on the context and court’s discretion. It is best to consult a lawyer before attempting this.

How long will the investigation take?

The timeline varies depending on the path you take:

• Internal Investigation: A company’s internal committee (like an ICC under the POSH Act) is typically required to complete its inquiry within 90 days.
• Police Investigation: A police investigation under the BNSS does not have a strict, fixed timeline. It can range from a few weeks to several months, depending on the complexity of the case, the evidence available, and the cooperation of the parties involved.
• Court Case: If the matter goes to court, it can be a lengthy process, potentially taking several months to years to reach a final verdict.

Advocate Sudhir Rao, Supreme Court of India