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

Detailed Legal Analysis

To file a complaint regarding sexual harassment at your workplace in Dwarka, you need to follow the procedures laid down under the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013.

Here are the steps you should follow:

• Understand the Definition: According to Section 2(n) of the Act, sexual harassment includes any one or more of the following unwelcome acts or behavior (whether directly or by implication) such as physical contact, a demand or request for sexual favors, making sexually colored remarks, showing pornography, or any other unwelcome physical, verbal, or non-verbal conduct of sexual nature.
• Report to the Internal Complaints Committee (ICC): If your workplace has more than 10 employees, it must have an Internal Complaints Committee as mandated under Section 4 of the Act. You should report your complaint to this committee within three months of the incident.
• Prepare Your Complaint: Draft a written complaint including:
  • Your name and contact information.
  • The name of the person(s) against whom the complaint is made.
  • A detailed account of the incidents, including dates and witnesses, if any.
• Submission of the Complaint: Submit your complaint to the chairperson of the ICC. Ensure you keep a copy of the complaint for your records.
• Attend the Inquiry: The ICC is required to complete the inquiry within 90 days of the receipt of the complaint, as per Section 11 of the Act. You may be called to provide further information or to testify.
• Await the Report: After the investigation, the ICC will prepare a report with its findings and recommendations. The findings will be communicated to you and the accused within ten days of the completion of the inquiry.
• Seek Further Action if Necessary: If you are not satisfied with the outcome, you can approach the Local Complaints Committee (LCC) or file a complaint with the police under Section 354A of the Indian Penal Code (IPC) regarding sexual harassment.

Additionally, it is advisable to keep records of any evidence related to the harassment, such as emails, messages, or witnesses willing to support your claim. Remember that you have the right to file a complaint without fear of retaliation, as per Section 12 of the Act, which prohibits any adverse action against the complainant.