I faced sexual harassment at my workplace in Saket 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 Saket and the Internal Committee has not taken appropriate action, you have several legal options available to you under Indian law.

The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (commonly referred to as the POSH Act) provides a comprehensive framework for addressing such issues. Here are the steps you can take:

• File a Complaint with the Internal Committee:
  • If you haven't already, formally submit a written complaint to the Internal Committee (IC) of your organization.
  • The IC is mandated to conduct an inquiry within 90 days of receiving the complaint as per Section 11 of the POSH Act.
• Seek Assistance from the Local Complaints Committee (LCC):
  • If the IC fails to act or if you are unsatisfied with their response, you can approach the Local Complaints Committee established under Section 6 of the POSH Act.
  • The LCC is empowered to investigate complaints and has the authority to recommend actions against the employer.
• File a Police Complaint:
  • You can lodge a First Information Report (FIR) with the local police 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) and Section 509 (word, gesture, or act intended to insult the modesty of a woman).
  • Ensure to collect evidence and documents related to the harassment to support your complaint.
• Approach the National Commission for Women (NCW):
  • You can also file a complaint with the NCW, which can intervene in cases of sexual harassment and provide assistance as necessary.
• Seek Legal Recourse:
  • Consider hiring a lawyer who specializes in labor law to assist you in filing a civil suit for damages or to pursue legal action against your employer for failing to provide a safe working environment.

It is crucial to document all incidents of harassment and any communications with the Internal Committee or other authorities, as this will support your claims. Remember, you have the right to a safe workplace free from harassment, and there are legal mechanisms to ensure accountability and justice.