I faced sexual harassment at my workplace in Mysore 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 Mysore and the Internal Complaints Committee (ICC) has not taken appropriate action, you have several legal options to consider under Indian law.

The primary legislation governing sexual harassment at the workplace in India is the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (commonly referred to as POSH Act). If the Internal Committee has failed to provide a resolution, you can pursue the following steps:

• File a Complaint with the Local Authority: If the ICC did not act on your complaint, you can escalate the matter by filing a complaint with the local District Officer or the Labour Commissioner under Section 6 of the POSH Act.
• Approach the Police: If the harassment involves criminal acts (such as physical assault or threats), you can file an FIR 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.
  • Section 509: Word, gesture or act intended to insult the modesty of a woman.
• Seek Legal Recourse: You may consider filing a civil suit for damages against the perpetrator and/or the employer for failing to provide a safe working environment under the law. This can be done under the Indian Contract Act, 1872, wherein the employer has a duty to ensure a safe workplace.
• File a Complaint with the National Commission for Women (NCW): The NCW can take cognizance of the situation and assist you in seeking justice. You can lodge a complaint online or through a written application.
• Engage a Lawyer: Consulting with a lawyer who specializes in labor or sexual harassment law can provide you with tailored advice and help you navigate the legal processes effectively.

It is crucial to gather evidence such as emails, messages, or witness statements that can support your case. Documenting your interactions with the ICC and any other relevant details will strengthen your legal position.

Remember, the law protects your rights, and you have the right to seek justice against workplace harassment.