I faced sexual harassment at my workplace in Gorakhpur and the Internal Committee did nothing, what legal options do I have?

Detailed Legal Analysis

If you have faced sexual harassment at your workplace in Gorakhpur and the Internal Committee (IC) has not taken any action, you have several legal options available to you under Indian law.

Under the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, you have the right to seek justice and take further steps if the Internal Committee has failed to address your complaint adequately. Here are your options:

• File a Complaint with the Local Complaints Committee (LCC): If the IC has not acted, you can approach the LCC established by the government. The LCC is mandated to handle cases where the workplace has less than 10 employees or where the IC is not functioning effectively.
• Approach the Labour Commissioner: You can file a complaint with the Labour Commissioner in Gorakhpur. They have the authority to investigate your complaint and take necessary actions against the employer under the provisions of the Industrial Disputes Act, 1947.
• File a Criminal Complaint: You may also file a criminal complaint under Sections 354 (assault or criminal force to woman with intent to outrage her modesty) and 509 (word, gesture or act intended to insult the modesty of a woman) of the Indian Penal Code, 1860. This can be done at the local police station.
• Civil Suit for Damages: You can file a civil suit against the employer for damages in the civil court. This can be pursued under various grounds, including negligence in providing a safe working environment.
• Seek Legal Assistance: It is highly advisable to consult with a lawyer who specializes in workplace harassment. They can provide you with guidance on the best course of action and assist you in drafting your complaints.

Additionally, it is important to gather and maintain all evidence related to the harassment and any correspondence you have had with the IC or LCC. This could include emails, messages, or witness statements, as they will be crucial for any legal proceedings.

If you feel unsafe or threatened, do not hesitate to seek immediate assistance from local law enforcement or support groups specializing in women's rights.

Remember that you have the right to a safe working environment and to seek redressal for any form of harassment you have faced.