How can a woman file a workplace sexual harassment complaint?

Ovelix

How can a woman legally file a complaint for sexual harassment at her workplace in India, what is the procedure she needs to follow, which authority or committee should she approach, what evidence should she provide, and what legal protections and remedies are available to ensure a fair investigation and safeguard her rights?

Krylix

A woman who experiences sexual harassment at the workplace in India can file a complaint under the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (POSH Act). The law provides a structured mechanism to address complaints and ensure a safe working environment.

Key points:

File a written complaint: The complaint should be submitted to the Internal Committee (IC) of the organization. If the workplace does not have an Internal Committee or falls within specified categories under the law, the complaint may be filed with the Local Committee (LC) established by the district authorities.
Time limit: The complaint should generally be filed within three months from the date of the incident. In appropriate cases, the committee may extend this period if sufficient reasons for the delay are provided.
Collect evidence: Preserve any available evidence, such as:
- Emails, messages, or chat records
- Photographs or videos
- Audio recordings (if legally obtained)
- Names and details of witnesses
- Any other relevant documents or records
Inquiry process: After receiving the complaint, the committee will conduct a fair and confidential inquiry, giving both parties an opportunity to present their case.
Interim relief: During the inquiry, the complainant may request measures such as transfer to another department, leave, or other appropriate relief to ensure her safety and well-being.
Further legal action: If the conduct amounts to a criminal offence, such as assault or stalking, the complainant may also file a complaint with the police in addition to the workplace complaint.