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

Detailed Legal Analysis

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

Here are the steps to file a complaint:

• Understand the Definition: According to Section 2(n) of the Sexual Harassment of Women at Workplace Act, sexual harassment includes any unwelcome act or behaviour (physical, verbal, or non-verbal) of a sexual nature that creates an intimidating, hostile, or humiliating environment for the woman.
• Informal Resolution: If comfortable, consider discussing the issue informally with the harasser, if it is safe to do so. This may sometimes resolve the matter without escalating it.
• Document Evidence: Keep a detailed record of incidents, including dates, times, places, witnesses, and any communications (emails, texts) related to the harassment.
• Approach the Internal Complaints Committee (ICC):
  • Under Section 4 of the Act, every workplace with more than 10 employees must form an ICC.
  • File your complaint with the ICC within three months of the incident. The complaint should be in writing and signed by you.
• Investigation Process:
  • The ICC is required to complete the investigation within 90 days of receiving the complaint, as per Section 11 of the Act.
  • Both parties will have the opportunity to present their case, and the ICC will prepare a report based on its findings.
• Outcome and Action:
  • If the complaint is found to be substantiated, the ICC will recommend actions, which may include disciplinary measures against the harasser.
  • Ensure you receive a copy of the ICC's findings and recommendations.
• Alternative Legal Options: If you are not satisfied with the ICC's findings, you can escalate the matter to the local police under Sections 354A and 509 of the Indian Penal Code, 1860, or file a civil suit for damages.

Remember to seek support from local women’s organizations or legal aid services if needed. It’s crucial to address sexual harassment promptly to ensure a safe working environment.