I faced sexual harassment at my workplace in Patna 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 Patna and the Internal Committee has failed to take appropriate action, you have several legal options available to you under Indian law.

Under the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (commonly referred to as the POSH Act), you can pursue the following steps:

• File a Complaint with the Local Complaints Committee: If the Internal Committee is ineffective, you can escalate the matter to the Local Complaints Committee established under Section 6 of the POSH Act. This committee is set up at the district level and is mandated to address complaints of sexual harassment.
• Approach the Police: You can also file a First Information Report (FIR) with the local police under Section 354A of the Indian Penal Code (IPC) which addresses sexual harassment and Section 509 for word, gesture or act intended to insult the modesty of a woman. This is important if you feel that your safety is at risk or if the harassment involves criminal acts.
• Seek Legal Redress: You can engage a lawyer to file a civil suit against the employer for not taking action. Under Section 15 of the POSH Act, the employer is liable for any misconduct of its employees and can be held accountable for failing to take appropriate measures.
• File a Complaint with the National Commission for Women (NCW): You can also approach the NCW, which has the authority to investigate complaints and recommend actions against the employer. This can be done online or through a written complaint.
• Consider Filing a Complaint under the Equal Remuneration Act, 1976: If you are facing discrimination in your workplace due to your gender as a result of harassment, you can also file a complaint under this act, which aims to provide for equal remuneration to men and women workers.

It is important to keep records of all incidents of harassment and any communication with your employer regarding the complaints, as this will help substantiate your claims. You may also seek support from NGOs or legal aid services that specialize in handling sexual harassment cases to guide you through the process.