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

Detailed Legal Analysis

To file a complaint regarding sexual harassment at your workplace in Visakhapatnam, 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 need to take:

• Understand the definition: According to Section 2(n) of the Sexual Harassment of Women at Workplace Act, sexual harassment includes any unwelcome act or behavior (whether directly or by implication) that violates a woman's dignity.
• Informal complaint: Initially, you may consider raising the issue informally with your immediate supervisor or HR department. It’s important to document this interaction for future reference.
• Formal complaint: If the informal approach does not yield results or if you prefer to file a formal complaint directly, you should write a detailed complaint to the Internal Complaints Committee (ICC) established by your organization as mandated under Section 4 of the Act.
• Contents of your complaint: Your written complaint should include:
  • Your name and contact details.
  • A detailed account of the incident(s) of harassment, including dates, times, locations, and names of witnesses, if any.
  • Any evidence you may have (e.g., emails, messages, photographs).
• Submission process: Submit your complaint to the ICC within three months of the last incident of harassment. The ICC must acknowledge the receipt of your complaint.
• Investigation: The ICC is required to conduct an inquiry into the complaint within 90 days as per the provisions of Section 11 of the Act. You may need to attend hearings or provide further evidence during this period.
• Follow-up: Keep track of the progress of your complaint and maintain communication with the ICC. You can also seek assistance from NGOs or legal counsel if needed.
• Action and redressal: Depending on the findings, the ICC may recommend disciplinary action against the perpetrator or other remedial measures as outlined in Section 13 of the Act.

If the organization fails to address your complaint or if you experience retaliation, you have the right to escalate the matter to the Local Complaints Committee (LCC) as per Section 6 of the Act or approach the police to file a First Information Report (FIR) under the Indian Penal Code (IPC) sections relevant to sexual harassment.

Additionally, keep in mind that under Section 354A of the IPC, sexual harassment is a cognizable offense, and you can file a police complaint directly if you feel threatened.