There are different ways Sexual Harassment cases can be filed. In this article, we will see if IC can look into a complaint that they did not receive directly.
Sexual harassment is a serious issue in India and laws have been put in place to address this issue and protect the rights of individuals who have been subjected to harassment. However, more efforts need to be made to raise awareness and improve laws and policies to protect the rights of individuals who have been subjected to harassment.
IC looks into the cases of Sexual Harassment and here we will discuss how it is done and whether or not, IC can look into cases that were not received by them directly.
Indian Laws Regarding Sexual Harassment
The Indian Penal Code (IPC) defines sexual harassment as any unwanted physical, verbal, or non-verbal conduct of a sexual nature that creates an intimidating, hostile, or offensive environment. This includes physical contact, gestures, comments, and advances that are of a sexual nature.
The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 is a law that specifically addresses sexual harassment in the workplace. It applies to all employers, regardless of the size of the organisation, and requires them to establish an internal complaints committee to investigate and resolve complaints of harassment. The Act also requires employers to provide a safe working environment for their employees and to take appropriate action against any employee found guilty of harassment.
In addition to the Sexual Harassment of Women at Workplace Act, the Indian government has also implemented several other laws to address sexual harassment. The Protection of Children from Sexual Offences (POCSO) Act, 2012, for example, is a law that specifically addresses the sexual abuse of children. The Indian government has also issued guidelines for educational institutions to prevent and address sexual harassment.
The Rajasthan High Court Case
The case involved an individual who held the position of Director at the State Institute of Agriculture Management (SIAM). Three female colleagues submitted written allegations of sexual harassment against him to the Chief Minister of Rajasthan. An investigation was carried out by the Working Women Exploitation Prevention Committee, and a report was generated as a result of the inquiry.
The individual who filed the petition (referred to as “the Petitioner”) has raised objections to the inquiry report. They have argued in their writ petition that they did not receive a complete copy of the inquiry report.
The Petitioner claims that the inquiry process violated the provisions of the POSH Act and its accompanying rules, as complaints were not submitted directly to the Committee, but instead were procured through the Chief Minister’s Office.
Furthermore, the Petitioner’s counsel has alleged that there was a violation of Section 16 of the POSH Act, which deals with confidentiality, as the publication of inquiry proceedings allegedly violates the mandatory requirement of said section. They claim that the respondents have made the alleged incident public and the Petitioner’s name has been given in the press, violating the Petitioner’s dignity.
They further claim that the inquiry into the act or behavior of sexual harassment, as per Section 2(n) of the Act of 2013, did not establish a case against the Petitioner, as the allegations did not demonstrate any unwelcoming act or behavior that could be considered sexual harassment.
The Court in this case allowed the petition and quashed the report and punishment given by the Internal Complaints Committee (ICC). The Court referred to the provisions of the Prevention of Sexual Harassment (POSH) Act and delved into the nuances of the sections. The Court referred to Section 9(1) and (2) of the POSH Act, 2013 and Rule 6 of the POSH Rules, and iterated that even if the complaints were initially addressed to the Office of the Chief Minister or the Principal Secretary, Department of Agriculture, once the complaints were sent to the Committee and the aggrieved women appeared before the Committee and recorded their statement about sexual harassment, it cannot be said that the Committee was not within its domain to take cognizance of such complaints and as such, the procedure adopted by the Committee cannot be said to be vitiated.
Who Handles the Sexual Harassment Complaint?
When it comes to filing a complaint, it’s important to understand the process and who is responsible for handling it. One common misconception is that a complaint can only be investigated if it is directly received by the organisation in question, such as an Internal Complaints Committee (IC).
The IC has the authority to look into a complaint even if it did not directly receive it. This is because the IC is responsible for addressing complaints of sexual harassment at the workplace, as per the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013. This act mandates that every employer shall constitute an IC for the purpose of dealing with complaints of sexual harassment at the workplace.
It’s also important to note that the IC can take suo moto (on its own) cognizance of any incident of sexual harassment if it has any information about such an incident. In other words, the IC does not have to wait for a formal complaint to be filed in order to investigate an incident.
Furthermore, the IC can also take cognizance of any complaints of sexual harassment that are made to any other person or authority, such as the police or a court, and redirect them to the IC. This means that even if a complaint is not made directly to the IC, it can still be investigated by the IC.
Conclusion
It’s important for employees to understand that the IC is there to protect their rights and provide a safe and secure work environment. And even if the complaint is not made directly to the IC, it still has the authority to look into the matter and take appropriate action.
Once, the complaint is directed to the IC, it’s within their authority to make appropriate actions.
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