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

Detailed Legal Analysis

To file a complaint regarding sexual harassment at your workplace in Kozhikode, you should 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 take:

• Understand the Definition: Familiarize yourself with what constitutes sexual harassment under Section 2(n) of the Act, which includes unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature.
• Internal Complaints Committee (ICC): Check if your workplace has an Internal Complaints Committee as mandated by the Act. Every workplace with more than 10 employees is required to have one.
• File a Written Complaint: Prepare a written complaint detailing the incident(s) of harassment. Include the following information:
  • Your name, designation, and contact information.
  • Name and designation of the accused.
  • A detailed account of the incidents, including dates, places, and witnesses, if any.
• Submission of the Complaint: Submit your complaint to the ICC within three months of the incident. In exceptional circumstances, this period may be extended.
• Investigation: The ICC is required to conduct a thorough investigation into your complaint within 90 days. They will provide you with an opportunity to present your case and any evidence you may have.
• Await the Report: After the investigation, the ICC will prepare a report with findings and recommendations. You will be informed of their decision.
• Action Based on Findings: If the allegations are proven, the ICC may recommend disciplinary action against the perpetrator, which can include termination, suspension, or other penalties.
• External Complaints: If you are dissatisfied with the ICC's findings or if your workplace does not have an ICC, you can file a complaint with the Local Complaints Committee (LCC) as per Section 5 of the Act, or approach the police under Section 354A of the Indian Penal Code.

Additionally, it is advisable to document all incidents of harassment and maintain copies of all communications related to your complaint. Seek support from trusted colleagues or legal counsel if needed.