Women's Day Special | Filing A Sexual Harassment At Workplace Complaint

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Sexual harassment at the workplace is a serious issue that undermines safety, dignity, and professional growth, making it crucial to address and report such misconduct effectively.

NEW DELHI: A significant portion of an individual’s day is spent at their workplace, making it essential for the work environment to be safe, respectful, and conducive to personal and professional growth. A healthy and secure workplace is not merely a privilege but a necessity for employees to thrive in their careers. However, incidents of sexual harassment can severely impact an individual’s confidence, mental well-being, and professional trajectory. Such misconduct creates an unwelcoming and hostile work environment, particularly for women who often find themselves at the receiving end of such behavior.

Sexual harassment in any form should never be tolerated, ignored, or left unreported. It is imperative that perpetrators face appropriate consequences for their actions, ensuring that workplaces remain spaces of dignity and respect.

Sexual Harassment at the Workplace

Sexual harassment encompasses a broad range of unwelcome behaviors that create discomfort, intimidation, or humiliation for the victim. This includes

“Inappropriate gestures, suggestive jokes, unwarranted physical contact, sexually charged comments, and even implicit or explicit demands for sexual favors in exchange for career advancement, promotions, or monetary benefits“

It is essential to recognize that sexual harassment is not limited to any specific work setting, designation, or industry. It can happen to any woman, regardless of her role in the organization, the size of the company, or the nature of her employment. The misconduct is not confined to the office premises alone—it can occur:

During work-related travel
At company events, parties, or offsite meetings
At a client’s or customer’s location
Through work-related digital communications (emails, messages, video calls, etc.)
Even in remote working situations, including while working from home

Importantly, the right to report sexual harassment is not restricted to full-time employees. Interns, freelancers, consultants, contractual workers, and even clients interacting with a company’s workforce are protected under the law.

Legal Safeguards: POSH Act, 2013

To combat workplace harassment and provide women with a legal framework for seeking justice, the Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act, 2013 was enacted. Commonly referred to as the POSH Act, this law lays down clear guidelines to prevent, prohibit, and redress complaints of sexual harassment at the workplace.

Under the POSH Act, every organization is mandated to:

Form an Internal Complaints Committee (ICC) in offices with more than 10 employees
Conduct regular awareness programs to educate employees about their rights
Provide a structured and time-bound mechanism for complaints and redressal
Maintain strict confidentiality of the complainant’s identity

These guidelines serve as a crucial safeguard in ensuring that women feel empowered to speak up without fear of retaliation or victim-blaming.

Reporting Workplace Sexual Harassment: Your Rights and Legal Remedies

Creating a workplace that is safe, respectful, and free from any form of harassment is essential for the well-being and professional growth of employees. Sexual harassment, in particular, is a

“Severe violation of workplace ethics and legal norms. It can cause immense psychological distress, hinder career progress, and create an environment of fear and discomfort”

Recognizing this issue, the Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act, 2013 (commonly known as the POSH Act) was enacted to provide women with a structured mechanism to report workplace harassment and seek redressal.

If you or someone you know has been subjected to sexual harassment at work, it is crucial to take action. Understanding where and how to file a complaint ensures that the issue is addressed appropriately and that the perpetrators are held accountable.

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Where to Report an Incident of Sexual Harassment?

Internal Committee (IC) – Reporting Within the Organization

The first step in reporting workplace sexual harassment is to file a complaint with the Internal Committee (IC) of your organization. As per the POSH Act, every organization employing more than ten people is legally required to constitute an Internal Committee to handle complaints of sexual harassment.

Procedure for Filing a Complaint with the Internal Committee:

Filing a Written Complaint
- The complaint must be submitted in writing to the Presiding Officer of the Internal Committee, who is a senior female member of the organization.
- The complainant’s identity can remain anonymous during the process if requested.
Time Limit for Filing a Complaint
- Complaints must be filed within three months from the date of the incident.
- If there is a delay, the IC may extend this period by an additional three months if the complainant can provide a reasonable explanation.
Evidence and Documentation
- Any relevant documents that can support the complaint should be carefully preserved. This includes:
  - Text messages, emails, or chat logs.
  - CCTV footage (if available).
  - Receipts, restaurant bills, or any other proof of interaction.
  - Statements from witnesses, if any.
Informing the Accused
- Once the complaint is filed, the accused will be formally notified about the allegations made against them.
Conciliation Process(If the Complainant Requests It)
- The complainant may choose to resolve the issue through conciliation, which involves a mediated discussion between the parties.
- The Internal Committee facilitates the discussion, but no monetary settlement is allowed.
- If the accused does not adhere to the terms of the settlement, the complainant can request a formal inquiry.
Inquiry by the Internal Committee(If Conciliation is Not Preferred or Fails)
- If conciliation is not requested or does not resolve the issue, the IC will initiate an independent inquiry.
- Both the complainant and the accused will be given a fair opportunity to present their case.
- The IC may call upon witnesses and request additional documents as part of the investigation.
Duration of the Inquiry Process
- The IC is required to complete the investigation within three months from the date of receiving the complaint.
Interim Relief for the Complainant
- If necessary, the complainant may be:
  - Transferred to a different department or shift.
  - Allowed to work from home for safety.
  - Granted paid leave during the inquiry process.
Investigation Report and Disciplinary Action
- The final report of the inquiry must be shared with both the complainant and the accused within ten days of its completion.
- If the accused is found guilty, disciplinary actions may include:
  - Transfer to another location.
  - Withholding of promotions, salary increments, or bonuses.
  - Temporary suspension or complete dismissal from the job.
  - Monetary compensation to the complainant.
Monitoring and Oversight

The National Commission for Women (NCW) oversees the functioning of ICs to ensure fair resolution of complaints.

False Complaints

If it is established that a false complaint was filed with malicious intent, the IC may take disciplinary action against the complainant.
However, the complainant cannot be punished merely due to lack of evidence.

ALSO READ: Sexual Harassment in the Workplace: Laws Designed to Address and Prevent It

Local Complaints Committee (LCC) – Reporting Outside the Organization

In case , the organisation , does not have a:

Internal Committee
The complaint is against the employer themselves
The complaint arises from an unorganized sector

The complainant can approach the Local Complaints Committee (LCC), which is established in every district by the government. Complaints can also be submitted to the District Magistrate for further action.

Alternative Platforms for Filing Complaints

A. SHe-Box: Online Complaint Portal

The Ministry of Women and Child Development has launched an online platform called SHe-Box for workplace sexual harassment complaints.
Employees, interns, freelancers, and consultants can file complaints directly on SHe-Box, which forwards them to the appropriate ICC, Ministry, PSU, or government department.
Complaints can be filed at SHe-Box and updates can be tracked online.

B. National Commission for Women (NCW)

The NCW provides an online portal where women can file complaints if they are uncomfortable reporting within their workplace.
Complaints can be submitted at ncw.nic.in by clicking “Register Online Complaint”.

Filing a Complaint with the Police

Sexual harassment is a criminal offense under Indian law. If an employee wishes to pursue criminal charges, they can:

File a First Information Report (FIR) under Section 154 of the Code of Criminal Procedure (CrPC) at the nearest police station.
If the police station is not within the appropriate jurisdiction, the complaint will be registered as a Zero FIR, which will then be transferred to the correct jurisdiction.
Women can approach the “Rapid Response Desk for Women” at police stations, where they will be assisted by a lady police officer or constable.
If the police refuse to file the FIR, the complainant can:
- Approach a higher-ranking officer.
- File a petition with the District Magistrate under Section 156(3) and Section 190 of CrPC with the help of a lawyer.

Preventing Sexual Harassment in the Workplace

A culture of respect, professionalism, and accountability is key to preventing harassment at work. Some essential guidelines include:

Treating female colleagues with respect.
Avoiding any behavior with sexual undertones, including jokes and comments.
Ensuring that power and position are not used to coerce or intimidate.
If a colleague expresses discomfort, stopping any inappropriate behavior immediately.

The Role of a Lawyer in Sexual Harassment Cases

Understanding legal procedures can be overwhelming, and seeking professional legal assistance can help victims navigate their options with confidence. A lawyer can:

Guide complainants on filing complaints and gathering evidence.
Represent victims in court proceedings if necessary.
Ensure that proper legal action is taken against perpetrators.

Taking action against sexual harassment is essential to creating safer workplaces. By knowing your rights and available legal remedies, you can help foster a work environment based on dignity, respect, and equality.