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

Detailed Legal Analysis

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

Here are the steps you should follow:

• Informal Resolution: If comfortable, you may initially approach the harasser to communicate that their behavior is unwelcome and must stop. However, this is not mandatory.
• Reporting the Incident: Report the incident to the Internal Complaints Committee (ICC) established by your employer. This committee is mandatory for organizations with 10 or more employees as per Section 4 of the Act.
• Documentation: Document the incidents of harassment. Note down dates, times, locations, and witnesses. This information will be crucial for your complaint.
• Filing a Written Complaint: Draft a written complaint detailing the incident(s). Ensure to include:
  • Your name and details
  • Description of the incidents
  • Names of witnesses or any evidence
• Submission of Complaint: Submit your complaint to the ICC within three months of the incident, as mandated by Section 9 of the Act.
• Investigation Process: The ICC is required to complete the investigation within 90 days of receiving the complaint and will provide a report to the employer.
• Action Taken: Depending on the findings, the employer will take appropriate action against the harasser, which may include disciplinary action, as outlined in Section 13 of the Act.
• Legal Recourse: If you are not satisfied with the outcome, you can approach the local complaints committee or file a complaint with the police under Section 509 of the Indian Penal Code (IPC) or relevant sections of the IPC pertaining to sexual harassment.

Additionally, you may also seek assistance from organizations such as the National Commission for Women (NCW) or local NGOs that assist victims of sexual harassment.

Remember, you have the right to a safe workplace free from harassment, and there are legal frameworks in place to protect and support you.