Richa is a bright team leader in a multinational company. She turned down a proposal made by a Manager. While she kept quiet about this experience, as a result of rumors spread by the Manager, she has acquired a reputation of being a woman of easy virtue.

Now she is being subjected to repeated advances by three of her seniors. When she turns around and protests, she is singled out of a skills training. Richa being put through rumours, gossip, character assassination, unwelcome sexual advances by other officers and arbitrary disciplinary action constitutes hostile work environment form of workplace sexual harassment.

What recourse does Richa have?
The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (“the Act”) provides a civil remedy to women against sexual harassment. However, a woman is entitled to take recourse to both civil and criminal proceedings.

All workplaces are mandated by law to provide a safe and secure working environment to women free from sexual harassment. In furtherance of this responsibility, the Act envisages setting up of Internal Complaints Committee (ICC) by an employer at workplace as well as Local Complaints Committee (LCC) at the district level to investigate and redress complaints pertaining to sexual harassment.

The aggrieved woman can file a written complaint with the ICC/LCC together with supporting documents and names and addresses of witnesses within 3 months of the date of incident. An ICC/LCC shall inquire into the matter, draw an inquiry report and make recommendations to the employer.

The employer shall accordingly impose punishment prescribed in the service rules of the organization or take disciplinary action, inter-alia, including written apology, warning, termination of service, withholding of promotions or increments, deduction of compensation from wages etc. Additionally, ICC/LCC is also empowered to provide interim reliefs on the request of the complainant.

Protection under Other Laws

Notably, private sector undertakings are out of the purview of several of these laws. Despite the presence of these individual central legislations, India nevertheless needs an all-encompassing and comprehensive law dealing with varied facets of workplace harassment. In absence of such a law, employers must resolve to secure a safe working environment to its employees through its policies prohibiting harassment and discrimination at the workplace. Internal grievance redressal mechanisms treating all complaints efficiently and fairly must be in place.

Besides, maintaining confidentiality of the proceedings encourages the employees to report matters concerning discrimination and harassment.