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

Detailed Legal Analysis

If the Internal Committee has not taken appropriate action regarding sexual harassment at your workplace in Kota, you have several legal options to pursue justice.

Under the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (hereinafter referred to as the "Act"), you have the right to file a complaint against the failure of the Internal Committee to act on your complaint. Here are the steps you can take:

• File a Complaint with the Employer: If you have not already done so, you can file a formal written complaint with the employer, highlighting the inaction of the Internal Committee. Ensure you keep a copy of this complaint for your records.
• Approach the Local Complaints Committee (LCC): If the Internal Committee is non-functional or has failed to address your complaint, you can file a complaint with the Local Complaints Committee established under Section 6 of the Act. This committee is mandated to address complaints from women working in organizations where the Internal Committee is not applicable.
• File a Police Complaint: Sexual harassment is a criminal offense under Indian law. You may file a First Information Report (FIR) under Section 354A (sexual harassment) or Section 509 (word, gesture, or act intended to insult the modesty of a woman) of the Indian Penal Code, 1860. Gather all evidence such as emails, messages, or witness statements that support your claims.
• Seek Legal Counsel: It is advisable to consult with a lawyer specializing in employment or women's rights to understand the full scope of your rights and legal options available. They can assist you in drafting legal documents and represent you in court if necessary.
• File a Complaint with the National Commission for Women (NCW): You can also approach the NCW, which is empowered to address grievances related to women's issues, including workplace harassment. They can guide you and may direct the concerned authorities to take action.
• File a Civil Suit: You may consider filing a civil suit for damages against your employer for failing to provide a safe working environment as mandated by the Act.

It is important to act promptly, as there are timelines for filing complaints. The Act mandates that complaints should generally be made within three months of the incident. Documentation and evidence will be crucial for your case, so maintain a record of all occurrences related to the harassment.