Human rights

Dear Client,
As per Section 9(1) of the Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act, 2013, also known as the ‘PoSH Act, any aggrieved woman may make, in writing, a complaint of sexual harassment at the workplace to the Internal Complaint Committee(ICC) if constituted, or the Local Committee (headed by the DM), in case it is not so constituted, within a period of three months from the date of incident and in case of a series of incidents, within a period of three months from the date of last incident happens. According to Section 2(n) of the PoSH Act, sexual harassment includes the following unwelcome acts: Sexual advances and physical contact, A request or demand for sexual favours., Making sexually charged remarks. Displaying pornography or any other unwanted sexual physical, verbal, or non-verbal conduct of a sexual nature. This Act equally applies to outsiders, including vendors, visitors, and clients, if the incident of sexual harassment occurs at a workplace. An aggrieved woman employee can file a complaint with her employer's Internal Complaint Committee (ICC) or the Local Committee, if she is harassed by an outsider, such as a vendor or a client, during a work-related interaction. The ICC has the power to investigate and take action against the third party, including restricting their entry to the premises. The employers have a legal duty to protect all women who come into contact with their workplace, not just employees that involves taking active measures to prevent harassment by any person who comes into contact with the workplace, including outsiders. So, if you can prove the allegation of harassment against the harasser, you can make a complaint before the ICC under POSH Act. In case ICC did not take any action on complaint or carry out any inquiry/investigation in the said complaint, you can bring the matter to the notice of the District Magistrate or ADM who is designated as the District Officer of the Local Complaints Committee(LCC) under Section 5 of the POSH Act for redressal of your grievance/complaint. Further, misbehaviour at the workplace is also considered harassment and mental harassment could be termed as hostile conduct or cruelty affecting the mind or the psychology of another individual. Legal remedy is available to a victim or aggrieved person based on the nature/cause of the harassment and from whom he/she is facing such mental harassment. So, depending on the kind of harassment, one can take legal recourse against the harasser or abuser. Accordingly, apart from complaint under POSH Act, IPC Sections 294(Sec.296 BNS), 354(74 BNS), 354A(75 BNS), 509(79 BNS) etc. can be invoked for mental harassment depending upon the kind of harassment and the facts of the case. Hence, it is recommended to consult with an Advocate specializing in service/employment matters for tailored advice and steps to fight back for justice.