The law has provided a detailed mechanism for filing complaints related to sexual harassment at the workplace. If you have been sexually harassed at the workplace, follow the steps given below to file a complaint for sexual harassment against your harasser.
In Writing(( Section 7(1), Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Rules, 2013; Section 9, Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013.))
Draft a complaint
Make six copies of the complaint
Submit any supporting documents with the complaint
Submit the names and addresses of any witnesses who are supporting your complaint
Submit your complaint to the Internal Committee* within three months(( Section 9(1), Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013.)) of the sexual harassment.
If you cannot write the complaint on your own, the Committee can help you. A complaint can be filed by someone else on your behalf, such as:3(( Section 6, Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Rules, 2013.))
Your relative or friend
Your co-worker
An officer of the National Commission for Women or State Women’s Commission
Any person who has knowledge of the incident, with the written consent of the victim
If you do not want to file a formal complaint they can try to work out the situation with the other person. This is called “conciliation”(( Section 10, Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013.))
*If your workplace does not have an Internal Committee, you can go to the Local Committee that is closest to you(( Section 6(1), Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013.)).
Online
You can also complain on the website of the Ministry of Women and Child Development through the SHe-Box.
If you are a working woman in any capacity as given under, you will be protected from being subjected to sexual harassment at the workplace no matter the terms or conditions of employment, where they are employed or if they are simply visiting a place of work1(( Section 2(a), Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013.)).
The law currently only recognizes women as possible victims of sexual harassment1. Men who face sexual harassment at work by either a woman or a man, are not protected in the same way as women. However, this varies according to the policy of the organization, which may cover men as well.
Women have legal protection if they are facing sexual harassment and can be considered any of the following:
Employee
A full-time employee
A part-time employee
A contractual employee
Working for compensation
Any woman in relation to any kind of a workplace, like an office, a household, etc.
According to law, several acts can be considered as sexual harassment. Most of these acts include a discernible sexual element. For example, if Seema’s boss asks her to have sex with him, or touches her in a way that makes her feel uncomfortable. Some of these acts are listed below. (( Section 2(n), Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013.)):
Touching or any other form of physical contact that you do not want.
Asking for or demanding sex or any other sexual acts.
Saying things that are sexual in nature.
Showing you pornography in any form that you do not want to see, for example, videos, magazines, or books.
Any other actions that are sexual, including things that are said, things that are written, or touching.
Additionally, certain circumstances connected with any act or behaviour of sexual harassment may amount to sexual harassment of a woman. These include (( Section 3(2), Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013.)):
(i) implied or explicit promise of preferential treatment in her employment; or
(ii) implied or explicit threat of detrimental treatment in her employment ; or
(iii) implied or explicit threat about her present or future employment status; or
(iv) interference with her work or creating an intimidating or offensive or hostile work
environment for her; or
(v) humiliating treatment likely to affect her health or safety.
Sexual harassment can happen to you in these workplaces:
Government based organizations: Any establishment, such as offices, branches, undertakings, etc.that is owned, controlled, established or financed wholly or substantially by the government, local authority or a cooperative society.
Private sector based organizations: Any private establishment, such as non-governmental organizations, ventures, societies, trusts, etc., carrying on professional, commercial, vocational, educational, entertainment-based, industrial, health-based or financial activities.
Unorganized sector based workplaces: Any enterprise which works in sale of goods or provides any kind of service, where the number of employees is less than 10.
Any hospitals and nursing homes
Any household
Any sports institute, stadium, sports complex, etc., used for training, sports or related activities. This includes residential complexes also.
Any place visited by an employee due to the employment. This includes employer-provided transportation for any such journey. For example, if an employee working in an organization in Delhi needs to visit an office in Mumbai, the transportation as well as the Mumbai office will fall within the purview of this Act.
If someone says you have sexually harassed them, you should take it seriously. If you don’t come three times in a row to hearings your employer has set up, you may not get to speak before a decision is made(( Section 7(5), Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Rules, 2013.)). Only women are protected from being sexually harassed at their place of work(( Section 2(a), Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013.)), but sexual harassment can be done by anyone, male or female(( Section 2(m), Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013.)).
Rights of Accused
You cannot be arrested without a warrant
You have the right to get a copy of the complaint within 7 working days of the complaint being filed(( Section 7(2), Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Rules, 2013.)).
You have the right to reply. You can submit documents and a list of witnesses within 10 working days of getting the documents from the person who accused you(( Section 7(3), Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Rules, 2013.)).
You have the right to appeal a decision made by the Internal Committee
If the Internal Committee decides that the sexual harassment claim against you is not true, you will not be punished. However, if they decide the claim is true, the Committee can give your employer or the District Officer options for how you could be punished. Please note that neither you nor the accuser will be allowed to have legal representation(( Section 7(6), Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Rules, 2013.)).
Generally, you must file a complaint within three months of the incident of sexual harassment that you have faced. The exact date of the deadline depends on the number of sexual harassment incidents you have faced. Also, if there has been a delay in filing a complaint, in some cases, your complaint might be accepted anyway.
3 Month Period(( Section 9(1), Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013.))
One Incident of Sexual Harassment
You must file your complaint within 3 months of the incident of sexual harassment.
Multiple Incidents of Sexual Harassment
If you have been subjected/been a victim of multiple instances of sexual harassment then you must file the complaint within 3 months of the last incident of sexual harassment.
Delay in Filing a Complaint
If you cannot file a complaint within 3 months:
You can approach the Internal Committee anyway and try and explain to them why you couldn’t file the complaint.
If the Internal Committee is satisfied that there were adequate circumstances that prevented you from filing a complaint then they will accept your complaint1. This is at their discretion.
Please do act, with the help of adequate support groups, to file a complaint as soon as you are comfortable enough to do the same.
Victims of sexual harassment are entitled to specific kinds of remedies that can safeguard their work environment, and make it more comfortable for them to continue working. If you are a victim of sexual harassment you can write to the Complaints Committee to ask them to make your place of work safer by(( Section 8, Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Rules, 2013.)):
Stopping the person who has been accused from reporting on your work performance and writing confidential reports about your performance and choosing someone else to do it.
Stopping the person who has been accused from supervising you if the sexual harassment incident happened in an academic setting.
The law does not have a single punishment for all cases of Sexual Harassment at the workplace. Instead, the Committee investigating will recommend that the victim‘s employer act according to the service rules of their workplace, if it has them(( Section 13(3)(i), Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013.)). If you have an employee handbook, please refer to that to see how your employer punishes sexual harassment. If the workplace does not have service rules, then the Committee will recommend that the District Officer take action. As punishment, an offender may(( Section 9, Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Rules, 2013.)):
Have to give a written apology
Be denied a raise/promotion/increment
Have to do community service
Be given a warning or censure
Lose their job
Have to get counselling
Whether or not the workplace has service rules, the Committee can also recommend that the employer take a certain amount from the offender’s salary/wages so that compensation can be paid to the woman who was harassed. If the employer cannot take money from the offender’s salary because they are not working or have left work, the Committee can order the offender to pay the victim directly. If the offender does not pay the compensation, then the Committee can ask the District Officer to get the money from the offender(( Section 13(3)(ii), Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013.)).
As a victim, you have a right to keep your complaint and the things that happen after it private. The law guarantees that the following information is private1:
Your identity and address
The identity and address of the person you accused, as well as the witnesses
Information about the conciliation (see what this means in the Glossary) or inquiry being made by the committee
Recommendations of the Internal Committee or the Local Committee
Action taken by the employer or District Officer
All of the above information cannot be published, communicated, or made known to the public, press, or media in any way(( Section 16, Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013.)) . If any person who is entrusted to handle the complaint, inquiry or recommendations, makes the aforementioned information public, he will be punished in accordance with the service rules of the organization. (( Section 17, Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013.))
Under the law, an employer has to take certain steps to create a safe work environment for women.
Women in the workplace should feel safe from sexual harassment from co-workers as well as others who might just be visiting the workplace. It’s important for employers to display the sexual harassment policy of the company where it can be seen. They also must display the order that sets up the Internal Committee so employees, as well as visitors to the workplace, can see it.
Create and put forward a detailed sexual harassment policy
Make sure employees are aware of the issue of sexual harassment
Set up committees in the workplace that women workers can turn to if they have been sexually harassed
Make sure committees are well-trained and well-staffed
Prepare a yearly report and turn it over to the state government
The District Officer will also appoint a Nodal Officer who can receive complaints at a local level(( Section 6(2), Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013.)).
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