Question: Taking Action Against Unwelcome and Inappropriate Comments at Workplace | Sexual Harassment. I am a victim of sexual harassment at my workplace. My colleagues have been making unwelcome and inappropriate comments about my body, appearance and personal life. They have also spread rumours about me and one of them has even asked me for sexual favours. I feel violated, humiliated and intimidated by their behaviour. I have tried to report them to the HR department, but they have not taken any action to protect me or punish the harassers. I am suffering from mental and emotional distress and I fear for my safety and career. This is a serious violation of my human rights and dignity. I want to take action against unwelcome and inappropriate comments from colleagues.
Unwelcome and inappropriate comments against a woman, demand or request for sexual favour, making sexual coloured remarks amount to sexual harassment. It has been happening at the workplace hence, it is an offence under Sexual Harassment of Women At Workplace (Prevention, Prohibition and Redressal) Act 2013.
Taking Action Against Unwelcome and Inappropriate Comments
You should file/lodge a complaint in writing to the internal committed constituted to handle acts of sexual harassment at the workplace. If no such committee has been set up in your company, then you can file such a complaint to the local committee of your district where you are currently employed.
All the offences are cognisable and also punishable under the Indian Penal Code. Hence, after making a complaint in writing to the internal committee of your company you can also lodge an FIR against them. Sexual harassment is punishable under Section 354 IPC, making sexual remark is also punishable under Section 354A and indecent remark is punishable under Sectio 509 IPC.
Filing a Complaint and Reporting Sexual Harassment
Filing a written complaint to the internal committee or local committee. The internal committee empowered to take appropriate action against those employees. These are the possible courses of action against the miscreants on your complaint.
Under The Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act, 2013, the following are the potential punishments for individuals found guilty of sexual harassment:
Warning
The person found guilty of sexual harassment may receive a formal warning from the employer or the Internal Complaints Committee (ICC) or the Local Complaints Committee (LCC). This serves as a cautionary measure and puts the individual on notice that their behavior is unacceptable.
Reprimand
A reprimand is a stronger form of disciplinary action that may be imposed on the offender. It involves a formal expression of disapproval, often in writing, and is recorded in the person’s employment record. Loss of promotion or increment: If the accused is an employee, one of the possible consequences could be the denial of a promotion or withholding of an increment as a disciplinary measure for their misconduct.
Termination or dismissal
Depending on the severity of the offence and upon proper investigation and finding of guilt, the employer may terminate the employment of the guilty party. Dismissal can result in the immediate termination of the employment contract.
Compensation and damages
The victim of sexual harassment may be awarded compensation or damages by the employer or the ICC/LCC as a means of providing redress for the harm caused.
It’s important to note that the specific punishment for sexual harassment under the Act may vary based on the nature and gravity of the offense, the policies of the organization, and the recommendations of the ICC/LCC. The Act emphasises the need for a fair and impartial inquiry before imposing any disciplinary action or punishment.
Sexual Harassment of Women At Workplace (Prevention, Prohibition and Redressal) Act 2013
Sexual harassment defined under the Sexual Harassment of Women At Workplace Act 2013. Section 2(n) of the aforesaid Act defines the acts of sexual harassment. According to it “sexual harassment” includes any one or more of the following unwelcome acts or behavior (whether directly or by implication) namely:—
- physical contact and advances; or
- a demand or request for sexual favours; or
- making sexually coloured remarks; or
- showing pornography; or
- any other unwelcome physical, verbal or non-verbal conduct of sexual nature;
You are an aggrieved woman of sexual harassment. According to section 2(i) of SH Act 2013, an aggrieved woman is “(i) in relation to a workplace, a woman, of any age whether employed or not, who alleges to have been subjected to any act of sexual harassment by the respondent”
According to section 2(o) of the aforesaid Act, workplace includes
- any department, organisation, undertaking, establishment, enterprise, institution, office, branch or unit which is established, owned, controlled or wholly or substantially financed by funds provided directly or indirectly by the appropriate Government or the local authority or a Government company or a corporation or a co-operative society;
- any private sector organisation or a private venture, undertaking, enterprise, institution, establishment, society, trust, non-governmental organisation, unit or service provider carrying on commercial, professional, vocational, educational, entertainmental, industrial, health services or financial activities including production, supply, sale, distribution or service;
- hospitals or nursing homes;
- any sports institute, stadium, sports complex or competition or games venue, whether residential or not used for training, sports or other activities relating thereto;
- place visited by the employee arising out of or during the course of employment including transportation by the employer for undertaking such journey;
- a dwelling place or a house;
You should take proper action against unwelcome and inappropriate comments from colleagues. Make a complaint in writing against those employees who are making unwelcome, inappropriate and indecent remarks against you. Along with the complaint you must lodge FIR against the person who is advancing or demanding sexual favour from you. Lodging FIR is the appropriate action along with the written complaint to the internal committee.
