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

Detailed Legal Analysis

To file a complaint regarding sexual harassment at your workplace in Gandhinagar, you should follow the procedures outlined in the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013.

Here are the steps you need to take:

• Understand the Definition: According to Section 2(n) of the Sexual Harassment of Women at Workplace Act, sexual harassment includes any unwelcome behavior, whether physical, verbal, or non-verbal, that creates a hostile work environment.
• Inform the Internal Complaints Committee (ICC): Every organization with more than 10 employees is mandated to establish an ICC. You should reach out to the ICC within three months of the incident. Ensure you have the following details ready:
  • Date and time of the incident.
  • Details of the harasser.
  • Witnesses, if any.
• File a Written Complaint: Draft a detailed written complaint addressing the ICC. It should include:
  • Your name and contact information.
  • Specific details of the incidents.
  • Evidence, if any (emails, texts, photographs).
• Attend the Inquiry: The ICC will conduct an inquiry into your complaint. You will be required to present your case and may be asked to provide additional evidence or witness statements.
• Expect a Resolution: The ICC is required to complete the inquiry and submit its findings within 90 days. If found guilty, the harasser may face disciplinary action, as outlined in Section 13 of the Act.
• File a Police Complaint: If the harassment is severe or criminal in nature, you can also file a First Information Report (FIR) under Section 354A of the Indian Penal Code (IPC) for sexual harassment. This can be done at your local police station.
• Seek Legal Assistance: If you feel that your complaint is not being addressed adequately, consider seeking legal advice from a lawyer specializing in labor law.

Remember, you are protected under the law from retaliation and victimization for reporting harassment.