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

Detailed Legal Analysis

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

Here are the steps you should take:

• Understand the Definition: According to Section 2 (n) of the Act, sexual harassment includes any unwelcome physical contact, advances, or request for sexual favors, and other verbal or non-verbal conduct of a sexual nature.
• Report to the Internal Complaints Committee (ICC): Every organization with more than 10 employees is required to form an Internal Complaints Committee. You should report the incident to this committee within three months of the occurrence. File your complaint in writing, clearly detailing the incidents of harassment.
• Filing a Written Complaint: Your complaint should include:
  • Your name and contact details.
  • The name and designation of the accused.
  • A detailed account of the incident(s), including dates, times, and witnesses, if any.
• Time Frame for Action: The ICC is mandated to complete its inquiry within 90 days of receiving the complaint, as per Section 13 of the Act.
• Confidentiality: All complaints are to be dealt with in a confidential manner to protect the identity of the complainant, as per Section 16 of the Act.
• Follow-Up Actions: After the inquiry, if the complaint is upheld, the ICC can recommend disciplinary action against the harasser, which may include termination, suspension, or other penalties.
• Alternative Options: If your workplace does not have an ICC or if you feel unsafe reporting internally, you can approach the local police or the State Women’s Commission. Additionally, you can file a complaint under Section 498A of the Indian Penal Code if the harassment is accompanied by criminal intimidation.

Finally, it is advisable to keep a record of all communications and documentation related to your complaint for future reference. You may also seek legal assistance from a lawyer specializing in labor laws to guide you through the process.