Workplace harassment, including sexual harassment, is a serious offense that can significantly affect an individual’s mental and emotional well-being. The Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act, 2013 was enacted in India to address and prevent workplace harassment. This law provides women with legal recourse if they face harassment by a colleague, manager, or employer, including their boss.
Under the Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act, 2013, a woman has the right to file a complaint if she faces harassment from her boss or any other person at the workplace.
The Act defines sexual harassment as any unwelcome act, behavior, or conduct, such as physical contact, advances, demanding sexual favors, verbal abuse, or creating an offensive work environment.
Every organization with more than 10 employees is required to establish an Internal Complaints Committee (ICC). If a woman faces harassment at the workplace, she can approach the ICC and file a formal complaint.
The ICC is responsible for investigating the complaint, taking necessary actions, and providing a report within a specific timeframe. The committee ensures that the complaint is addressed fairly, confidentially, and promptly.
The woman should document the harassment incidents, including dates, times, places, and any witnesses. This documentation can serve as evidence during the investigation.
She can report the harassment to the ICC (if available) or, in the absence of an ICC, the complaint can be filed with the District Officer.
The woman should file a written complaint with the ICC, detailing the incidents of harassment and the actions that have made her uncomfortable.
Once the complaint is filed, the ICC will conduct an internal inquiry within 90 days. The process should ensure confidentiality and fairness. Based on the findings, the committee will recommend disciplinary actions against the harasser (in this case, the boss).
If the complaint is substantiated, the employer is required to take appropriate actions, which may include counseling, suspension, or even termination of the harasser’s employment.
If the workplace does not have an ICC or the complaint is not addressed properly, the woman can approach the local police or file a complaint with the labor court or district officer.
In cases where the harassment includes criminal offenses, such as assault, attempted rape, or molestation, the woman can file a police complaint and the case may be dealt with under the Indian Penal Code (IPC).
The identity of the complainant is protected, and any retaliation or victimization against the complainant is prohibited.
The law prohibits retaliation against the woman for filing a complaint, such as dismissal, demotion, or transfer.
If the harasser (boss) is found guilty, the employer can take disciplinary action, such as suspension, salary reduction, or termination from the workplace.
If the harassment has caused emotional distress or financial harm, the woman may be entitled to compensation.
In severe cases, such as sexual assault or abuse, the employer may take legal action, and the woman can file a criminal case under the IPC.
In addition to the Sexual Harassment Act, women may also explore civil or criminal cases for defamation, breach of privacy, or violation of fundamental rights under the Indian Constitution.
Many non-governmental organizations (NGOs) and women's rights groups offer legal assistance and counseling for women facing harassment at the workplace.
In the case of Vishakha v. State of Rajasthan (1997), the Supreme Court laid down the guidelines for the prevention of sexual harassment at the workplace, which later formed the basis for the Sexual Harassment Act of 2013.
The Delhi High Court has also ruled in favor of women’s rights in harassment cases, ensuring that workplaces must adhere to anti-harassment protocols and the ICC system.
If Priya, an employee in a corporate office, faces repeated unwanted advances and inappropriate comments from her boss, she can file a complaint with the Internal Complaints Committee (ICC) at her workplace. The ICC investigates the matter confidentially, and if the allegations are proven, Priya’s boss may face disciplinary actions such as suspension or even termination from his job. Priya may also seek compensation for the emotional distress caused by the harassment.
A woman has the legal right to file a complaint against her boss if she faces workplace harassment. The Sexual Harassment Act of 2013 provides a clear mechanism for addressing such grievances, including the formation of an Internal Complaints Committee (ICC) and legal remedies for the complainant. Women should not hesitate to file a complaint and seek justice if they face any form of harassment in their workplace. Legal frameworks exist to ensure their protection and provide avenues for redressal.
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