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

Detailed Legal Analysis

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

Here are the steps to file a complaint:

• Understand the Act: Familiarize yourself with the Sexual Harassment of Women at Workplace Act, 2013, which provides a framework to address sexual harassment in workplaces, ensuring a safe environment for women.
• Informal Resolution: If comfortable, you may initially approach the offender to express your discomfort. However, this step is optional and may not be suitable for all situations.
• Contact the Internal Complaints Committee (ICC): Every workplace with more than 10 employees must have an Internal Complaints Committee. You should file your complaint with this committee. The complaint must be made within three months of the incident.
• Written Complaint: Draft a written complaint detailing the incident, including dates, times, witnesses, and any evidence. The complaint should be addressed to the ICC and must be signed by you.
• Submission of Complaint: Submit your complaint to the Chairperson of the ICC. Ensure you keep a copy of the complaint for your records.
• Investigation Process: The ICC is required to conduct an inquiry into your complaint within 90 days of receipt. They will call you and the accused for hearings. You have the right to present evidence and witnesses.
• Outcome: After the inquiry, the ICC will submit a report with findings and recommendations. If the complaint is substantiated, appropriate action will be taken against the offender, which may include disciplinary action.
• Filing a Police Complaint: If the harassment is severe or if you face threats, you may choose to file a complaint with the local police under sections of the Indian Penal Code (IPC), such as Section 354 (assault or criminal force to woman with intent to outrage her modesty).
• Legal Aid: If required, seek assistance from legal counsel or NGOs that specialize in women's rights and workplace harassment for guidance throughout the process.

It’s crucial to document all incidents and communications related to the harassment for a stronger case. Remember that under Section 16 of the Act, retaliation against you for filing a complaint is prohibited, and you are protected under the law.