This is the third post in the series. Read the first and second ones.
In case a woman has undergone sexual harassment, she can complain to –
1) The Internal Committee (ICC) constituted by the employer, if the organization has 10 or more employers.
2) The Local Complaints Committee, where the organization has less than 10 employees or where the employer has not constituted the ICC.
What can be done if the woman is unable to file the complain herself?
In case of physical incapacity, the complain can be made by –
1) A friend or relative
2) Co-worker
3) An officer of the National Commission for Women or State Women’s Commission
4) Any person who knows about the incident – with written permission of aggrieved woman.
In case of mental incapacity, the complain can be made by –
1) A friend or relative
2) A special educator
3) A qualified psychiatrist or psychologist
4) Any person who knows about the incident, jointly with her friend or relative or a special educator, or a qualified p psychiatrist or psychologist under whose care the woman is.
5) In case the aggrieved woman is dead the complaint can be made by any person who has knowledge of the incident, with the permission of legal heir of the woman.
If the ICC finds an employee, it will require the employer to take disciplinary proceedings against the employee or award the woman compensation. In case the complaint is filed with the Local Complaints Committee, its recommendations are sent to the District officer.
Some tips-
1) The woman must preserve record to prove her allegations; communication can be in any form, SMS, e-mails.
2) The victim should take care to ensure that her complaint is genuine and not made with any ulterior motives. False complaints can put the complainant in serious trouble.
3) The woman may consider settlement, so long as there is clarity on future action points for both the woman and respondent.
4) Records and materials to substantiate her claim must not be retained exclusively owned by the employer,, to reduce risk of tampering. It is recommended that the woman keeps a back-up of records on a device of her or take print-outs.
5) At the time of complaint the woman should remind ICC of her confidentiality.
6) The woman has the option to take interim measure that can be taken pending inquiry and decision of the ICC
Few other things that need to be kept in mind-
1) The complaint should be filed within 90 days of incident.
2) The parties cannot be represented by a lawyer during the proceedings.
3) The complaint must be filed within 90 days of the occurrence of incident.
Sources - http://wcd.nic.in/wcdact/womenactsex.pdf