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

The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (commonly referred to as the POSH Act) provides a framework for addressing sexual harassment at the workplace. Here are your options:

• File a Complaint with the ICC:
  • If the Internal Committee has not acted, you should formally write to the committee stating the inaction and request them to revisit your complaint.
• Approach the Local Complaints Committee (LCC):
  • If your workplace has not constituted an Internal Committee, or if you are unsatisfied with their response, you can file a complaint with the Local Complaints Committee established under the POSH Act.
  • The LCC is required to investigate and take appropriate action within a specified timeframe.
• File a Police Complaint:
  • You can file a First Information Report (FIR) with the local police station under relevant sections of the Indian Penal Code (IPC), such as Section 354 (assault or criminal force to woman with intent to outrage her modesty) or Section 509 (word, gesture or act intended to insult the modesty of a woman).
• Seek Legal Recourse:
  • Consult a lawyer specializing in women’s rights or employment law to explore the option of filing a civil suit for damages against the perpetrator and the employer for failing to provide a safe working environment.
• Approach the National Commission for Women (NCW):
  • You may also file a complaint with the NCW, which can intervene in matters of sexual harassment and provide guidance on the legal process.

It is important to gather all relevant evidence, including emails, messages, or witnesses, to support your claims. Additionally, ensure that you document all communications with the Internal Committee or any other authority regarding your complaint. Taking action promptly is crucial, as delays may affect your case.

Remember, you have the right to work in an environment free from harassment, and legal provisions are in place to protect you.