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

Detailed Legal Analysis

To file a complaint regarding sexual harassment at your workplace in Aligarh, you should follow a structured process as outlined under the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013.

Here are the steps you should take:

• Understand the Definition: Sexual harassment includes unwelcome acts or behavior such as physical contact, demand for sexual favors, and other verbal or non-verbal conduct of a sexual nature as per Section 2(n) of the Act.
• Report to the Internal Complaints Committee (ICC):
  • Every workplace with 10 or more employees is required to have an Internal Complaints Committee.
  • File your complaint within three months of the incident. However, the committee can extend this period if it finds sufficient reason.
• Draft Your Complaint:
  • Your complaint should include details such as your name, position, details of the incident, and any witnesses.
  • Be clear and concise, stating the nature of harassment and the impact it has had on you.
• Submit the Complaint:
  • Deliver your complaint to the ICC by email or in person, ensuring you keep a copy for your records.
• Attend the Inquiry:
  • The ICC will initiate an inquiry within seven days of receiving your complaint.
  • You may be required to provide evidence and witness statements during the inquiry process.
• Await the Outcome:
  • The ICC will issue a report within 90 days, along with recommendations for action based on their findings.
  • If the complaint is upheld, the employer must take necessary action against the perpetrator.
• Seek Further Action if Necessary:
  • If you are dissatisfied with the ICC's decision, you can appeal to the Local Complaints Committee (LCC) within 90 days, as per Section 18 of the Act.
  • In severe cases, you may also file a police complaint under Sections 354, 354A, and 509 of the Indian Penal Code, 1860.

It is crucial to keep a record of all communications and documents related to your complaint for your protection and to support your case.