I faced sexual harassment at my workplace in Allahabad and the Internal Committee did nothing, what legal options do I have?
TA Asked by Tariq Anwar from India
Quick Answer
Under the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, known as POSH, every establishment with 10 or more employees must have an Internal Committee to address complaints.
Detailed Legal Analysis
Under the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, known as POSH, every establishment with 10 or more employees must have an Internal Committee to address complaints. If the Internal Committee in your organization in Allahabad has not acted on your complaint within 90 days, you can approach the Local Committee constituted by the District Officer under the Uttar Pradesh Rent Control Act 1972 framework.
The Allahabad High Court has held that inaction by the Internal Committee is itself a violation of the POSH Act and can be challenged by a writ petition. You may also file an FIR under Section 354 of the IPC or relevant sections of the BNS if the conduct amounts to a criminal offence.
The law provides for interim relief including transfer of the respondent or granting leave to you during the inquiry. The employer is duty-bound to file an annual report on POSH complaints with the District Officer.
Disclaimer: AI-generated for educational purposes only. Does not constitute legal advice. Consult a qualified practitioner.