Punjab & Haryana High Court orders probe against woman suspected of filing false sexual harassment cases

False complaints of sexual harassment must be dealt with an iron fist, the Punjab and Haryana High Court recently observed while ordering a police inquiry against a woman suspected of filing several false sexual harassment complaints to extort money..Justice Harpreet Singh Brar highlighted that false sexual harassment cases can have a deep stigmatic effect on those who are falsely accused and have long term adverse effects on their lives and self-esteem.The courts have a duty to ensure that such false or vexatious criminal cases are halted, the judge added. "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," the Court said..The Court further pointed out that false sexual harassment cases undermine the sufferings of real victims."It takes a lot of courage for women of this country to come forward and report a crime in the first place. 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," the July 16 order stated..The Court made the observations while dismissing a woman's (litigant) plea for the registration of a criminal case to investigate allegations that her landlords verbally harassed and physically assaulted her. She accused the landlords of causing hurt, criminal intimidation, sexual harassment and criminal conspiracy. However, the police refused to register her complaint. A trial court and a sessions court also declined to order any investigation into the matter. Therefore, she approached the High Court for relief. .The High Court, however, was not convinced by the litigant's case.It reviewed the litigant's credentials and discovered that she had filed at least three petitions before the High Court (including the present case), all of which related to sexual harassment complaints.The Court found that the litigant appeared to have filed 19 sexual harassment complaints in the district of Jind itself. In a July 4 order, another Bench of the Court had also recorded the State's submission that the litigant was a "habitual" complainant who filed cases to extort money.The Court proceeded to express anguish over the ramifications of filing false sexual harassment cases. The Court observed that those falsely accused of sexual harassment become doomed to live in constant fear and anxiety due to the humiliation brought in by the blemish of being a perpetrator of a sexual offence. Such accusations also lead to the ostracisation of one's family, the Court added. "The Court cannot remain a silent spectator to such manifestly frivolous and vexatious instances of false implication ... If this modus operandi is allowed to continue unchecked, irreparable loss would be caused to the society at large," the Court said.Therefore, it ordered the Director General of Police of Haryana to look into the credentials of the litigant and assign a senior police officer to investigate her credentials, the allegations levelled by her and examine how many similar complaints have been filed by her in Punjab, Haryana and 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 said. .The Court also dismissed the woman's plea for the registration of a criminal case. It reasoned that no criminal court is expected to act like a post office and direct a police investigation into every case where an application under Section 156(3) of the Code of Criminal Procedure (CrPC) is filed. .Legal aid counsel Kamal K Yogi appeared for the petitioner.Additional Advocate General Vikas Bharadwaj appeared for the Haryana government. .[Read Order]