In India, workplace harassment is addressed through various laws, and individuals who experience harassment can seek redressal by following the legal procedures. Key laws that govern workplace harassment include:
Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act, 2013:
This Act is specifically focused on preventing and addressing sexual harassment at the workplace. It is applicable to all workplaces, including government and private organizations. The Act mandates the establishment of Internal Complaints Committees (ICCs) in organizations.
What are the Steps to File a Complaint under the Sexual Harassment Act?
Step a. Internal Complaints Committee (ICC):
Every organization with more than ten employees is required to constitute an ICC. File a complaint with your organization's ICC if you are facing sexual harassment.
Step b. File a Written Complaint:
Submit a written complaint to the ICC describing the incidents of harassment, the names of the individuals involved, and any supporting evidence.
Step c. Investigation:
The ICC is responsible for conducting an inquiry into the complaint. The process should be fair, impartial, and completed within a specified time frame.
Step d. Report and Action:
The ICC will submit a report of its findings to the employer or the district officer. If harassment is proven, appropriate action, including disciplinary measures, may be taken.
Step e. Appeal:
If dissatisfied with the ICC's decision, the complainant or respondent may appeal to the Local Complaints Committee (LCC) if the organization has not implemented the ICC recommendations.
Step f. Legal Action:
If internal mechanisms are ineffective, the complainant can file a formal complaint with the police or approach the appropriate labor or administrative authorities.
The Protection of Women from Domestic Violence Act, 2005:
While primarily focused on domestic violence, this law also provides protection to women in the workplace from harassment that may have a domestic connection.
The Indian Penal Code (IPC):
Certain sections of the IPC, such as Section 354 (outraging modesty), Section 509 (word, gesture, or act intended to insult the modesty of a woman), and others, may be applicable in cases of workplace harassment.
What are the General Steps to File a Complaint?
Step a. Document the Incident:
Keep a record of incidents, including dates, times, locations, individuals involved, and details of the harassment.
Step b. Follow Internal Grievance Redressal Mechanism:
If your organization has a grievance redressal mechanism, follow the internal procedures, which may include reporting to supervisors, HR, or designated committees.
Step c. Legal Assistance:
Consult an employment lawyer for guidance on your specific situation. They can help you understand your rights, assess the strength of your case, and guide you through legal processes.
Step d. File a Complaint:
If internal mechanisms fail, consider filing a formal complaint with the police or the appropriate labor or administrative authorities.
Step e. Evidence:
Gather and preserve evidence, including witness statements, emails, messages, or any other documentation supporting your case.
Step f. Protection from Retaliation:
Be aware of your rights against retaliation for filing a complaint. The law protects individuals from adverse actions taken as a result of reporting harassment.
It's essential to note that workplace harassment cases are sensitive, and individuals facing harassment are encouraged to seek legal advice to navigate the process effectively. Consulting with an experienced employment lawyer can help ensure that your rights are protected and that you follow the appropriate legal procedures.
What are the case laws related to the harrasments in ofice spaces?
Vishaka and Others vs. State of Rajasthan (1997):
This case was a turning point in addressing sexual harassment at the workplace. The Supreme Court of India laid down guidelines known as the Vishaka Guidelines to prevent and address sexual harassment at the workplace before the enactment of the Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act, 2013.
Apparel Export Promotion Council vs. A. K. Chopra (1999):
The Delhi High Court, in this case, emphasized that an employer must ensure a safe and harassment-free working environment. It highlighted the responsibility of employers to prevent sexual harassment at the workplace.
R. P. Billimoria vs. Union of India (2010):
The Bombay High Court held that the principle of 'equal opportunity' should be enforced, and the employer must take strict action against any form of harassment in the workplace. The case emphasized the importance of implementing preventive measures.
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