I faced sexual harassment at my workplace in Dibrugarh — how do I file a complaint?

Detailed Legal Analysis

If you have faced sexual harassment at your workplace in Dibrugarh, you can file a complaint through the internal complaints committee (ICC) established under the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013.

To file a complaint, follow these steps:

• Document the Incident: Keep a record of the harassment incidents, including dates, times, locations, and details of what occurred. Gather any evidence, such as emails, text messages, or witness accounts.
• Informal Resolution: If you feel safe, you may first consider discussing the issue informally with the harasser or a trusted colleague. However, this step is optional.
• Approach the Internal Complaints Committee (ICC): Under Section 4 of the Sexual Harassment of Women at Workplace Act, every organization with more than 10 employees is required to form an ICC. Approach this committee to file your complaint.
• Filing the Complaint: Prepare a written complaint detailing the harassment. Ensure it is submitted within three months of the incident, as stipulated under Section 9 of the Act. The complaint should include:
  • Your name and contact information.
  • A clear description of the harassment.
  • Names of any witnesses.
• Investigation Process: Once your complaint is filed, the ICC is required to complete the investigation within 90 days, as per Section 11 of the Act. They will provide you with a fair opportunity to present your case.
• Outcome and Action: Based on the investigation, the ICC will recommend actions to the employer, which can include disciplinary action against the harasser. You will receive a copy of the report, and you have the right to appeal against the decision if you are unsatisfied.
• External Authorities: If the ICC does not address the complaint satisfactorily, you may also approach the local police under Section 354A of the Indian Penal Code (IPC) or file a complaint with the National Commission for Women or the State Commission for Women.

It’s important to remember that retaliation against you for filing a complaint is prohibited under the law. Seek support from trusted colleagues or legal advisors if needed.