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

Detailed Legal Analysis

If the Internal Committee at your workplace in New Delhi has not addressed your complaint of sexual harassment, you have several legal options available to you under Indian law.

According to the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, you have the right to seek justice through various means if the internal mechanisms fail. Here are the steps and legal avenues you can pursue:

• File a Police Complaint: If you feel that the harassment constitutes a criminal offense, you can file a First Information Report (FIR) under Section 354 (Assault or criminal force to woman with intent to outrage her modesty) or Section 509 (Word, gesture or act intended to insult the modesty of a woman) of the Indian Penal Code (IPC).
• Approach the Local Complaints Committee (LCC): If your workplace has failed to resolve the issue, you can approach the LCC constituted under the Sexual Harassment Act. The LCC is empowered to handle cases from workplaces that do not have an Internal Committee.
• Seek Redressal from the National Commission for Women (NCW): You can file a complaint with the NCW, which can provide support and help facilitate the inquiry process.
• Civil Suit for Damages: If you have suffered financial or emotional harm due to the harassment, you can file a civil suit for damages in a civil court under relevant provisions of the IPC and the Code of Civil Procedure, 1908.
• Engage a Lawyer: It is advisable to consult a lawyer specializing in labor and employment law to guide you through the legal process and help you file the necessary complaints or petitions.
• Documentation: Maintain detailed records of all incidents of harassment, including dates, times, witnesses, and any correspondence with the Internal Committee. This documentation will be crucial for any legal proceedings.

Furthermore, Section 19 of the Sexual Harassment Act mandates that employers must take appropriate action against those found guilty of harassment, which you can use to press for accountability from your employer.

Lastly, be aware of the time limits for filing complaints, as various forums may have specific periods within which you must act. Taking timely action is essential for the success of your case.