Under the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, a complaint of sexual harassment can be filed with the Internal Complaints Committee (ICC) or Local Complaints Committee (LCC). The complaint must be filed within three months of the incident, with potential extensions under certain circumstances. The committee then investigates the complaint, potentially utilizing conciliation to resolve the matter amicably before initiating a formal inquiry.
Detailed Process:
1. Filing a Complaint:
The aggrieved woman can file a written complaint with the ICC (if the workplace has one) or the LCC (if it does not). This can also be done by someone authorized on her behalf, such as a friend, relative, or co-worker.
2. Time Limit:
The complaint must be filed within three months of the incident, though this period can be extended in certain cases.
3. Conciliation:
Before a formal inquiry, the committee may attempt conciliation to resolve the matter through amicable settlement.
4. Inquiry:
If conciliation fails, the committee will conduct an inquiry into the complaint, aiming to complete it within 90 days.
5. Findings and Recommendations:
The committee will make a report with its findings, potentially including recommendations for action, such as transfer, leave, or compensation.
6. Interim Relief:
During the inquiry, the aggrieved woman may be granted interim relief, such as transfer or leave, to ensure her safety and well-being.
7. Assistance for Criminal Proceedings:
If the harassment constitutes an offense under criminal law, the committee will assist the woman in filing a police complaint.
8. Annual Report:
The ICC and LCC are required to file an annual report to the District Officer.
9. Penalties for Non-Compliance:
Employers who fail to comply with the Act may face fines, penalties, or even cancellation of their license.
10. Online Complaint Management System:
The Ministry of Women & Child Development has launched She-Box for registering complaints related to sexual harassment at the workplace, according to the Department of Science & Technology.