Legal Question in Sexual Harassment in India

sexual harrasment at work place

procedure to deal with a complaint of sexual harrasment by a lady employee against her colleague


Asked on 12/18/08, 7:59 pm

3 Answers from Attorneys

Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Re: sexual harrasment at work place

The complaint should be examined properly and the accused should be given an opportunity of hearing.

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Answered on 12/18/08, 10:32 pm
Homi Maratha N.N. Maratha & Co.-Advocates

Re: sexual harrasment at work place

Hello.

Please follow the instructions given below:

1. Tell the harasser that his behaviour is unwelcome and that you want it to STOP. Say it firmly so the harasser knows you mean business! The harasser may stop once he knows his behaviour is unwelcome.

2.If the harassment continues, talk to someone in your organisation who can help you. You should approach your Human Resource Officer or Sexual Harassment Counsellor and your Employee/Union Representative. If it is your Manager or Supervisor who is harassing you, speak to someone more senior, as well as to your Personnel Officer and Union Representative.

Record the details of when, where, and how the incidents happened. If the same person is also harassing any of your colleagues, ask them to keep records too. This can help establish a case against your harasser.

3.If none of these are possible or if no action is taken by your employer, then you should seek help from outside the organisation you work for:

you can complain to the

- Labour Department

- you can lodge a police report

- you can even try to sue the harasser

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Answered on 12/19/08, 1:52 am
Vivek Mapara Vivek N. Mapara

Re: sexual harrasment at work place

It is unfortunate that till date no law has been enacted by the parliament to prevent sexual harassment of female at work place, though bills to this effect are already introduced in the parliament.

Supreme Court has made detail observation and recommendations in its judgment in year 1997 to prevent such sexual exploitation, according to which a complaint committee has to be formed by the employer, wherein such sexual harrassment complaints can be filed. In your organization you should have such committee, if not, then you can directly address letter to chief executive or any person higher to the rank of accused, regarding such prevailing exploitation. Upon receipt of such complaint employer has to take steps against the employee so alleged to have committed such sexual harrasment.

Moreover, there are various provisions under Indian Penal wherein any act of a person effecting the modest of women is made an offence. So you can also file criminal complaint against such person, and Police is bound to take action.

You can follow the above action.

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Answered on 12/19/08, 5:45 am


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