If you are stuck in such a situation, here is what to do.

In the competitive corporate environment of Vidyanagar, Ms. Kavita Sharma was a promising software developer at a leading firm, “Innovate Solutions Pvt. Ltd.” Her immediate supervisor, Mr. Alok Verma, was known for his sharp intellect but also for an overbearing attitude, often seen as a manifestation of a superiority complex. Initially, Mr. Verma’s behavior was limited to condescending remarks during team meetings and dismissive comments about Kavita’s ideas. However, over several months, this escalated into a pattern of targeted harassment.

Mr. Verma began publicly humiliating Kavita, questioning her capabilities in front of clients, and attributing her successes to his “guidance” while blaming her for any minor setback. He would send late-night emails with unreasonable demands and spread false rumors about her professional conduct among colleagues. This constant undermining caused Kavita immense mental anguish, affecting her performance and well-being. She felt trapped and increasingly isolated, a common consequence for victims of such workplace bullying.

Advice in such cases

When facing persistent harassment from a superior, it is crucial to act strategically to protect your career and mental health.

• Document Everything: Keep a detailed, dated log of every incident of harassment. Include the time, location, what was said or done, and who was present. Save all relevant emails, text messages, and any other written communication.
• Internal Complaints Committee (ICC): Familiarize yourself with your company’s policy on workplace harassment. Most legitimate companies have an ICC as mandated by the PoSH Act. Filing a formal complaint with the ICC is often the first official step.
• Seek Witnesses: If colleagues have witnessed the harassment, confidentially ask if they would be willing to support your case. Their testimony can be invaluable.
• Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think.

Applicable Sections of Law

While “bullying” or “superiority complex” are not legal terms, the actions stemming from them can fall under several Indian laws:

• The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (PoSH Act): If the harassment has any sexual undertones, is gender-based, or creates a hostile work environment for a woman, this Act is directly applicable. The definition of sexual harassment is broad and includes creating an intimidating or offensive work environment.
• Bharatiya Nyaya Sanhita, 2023 (BNS):
  • Section 352 (Intentional insult with intent to provoke breach of the peace): If the superior intentionally insults you to provoke a reaction or to humiliate you publicly, this section may apply.
  • Section 356 (Defamation): If the superior makes or publishes any imputation concerning you, intending to harm your reputation, it can be considered criminal defamation. Spreading false rumors about your incompetence falls under this.
  • Section 351 (Criminal Intimidation): If the behavior includes threats to your person, property, or reputation, it could amount to criminal intimidation.

If you are the complainant

If you are in Mr. Verma’s position, facing allegations of harassment, you must take the situation very seriously. An internal inquiry or a police complaint can have severe consequences for your career and reputation.

• Do Not Retaliate: Avoid any contact with the accuser that could be construed as intimidation or retaliation. Do not try to influence witnesses.
• Cooperate with the Inquiry: Participate in the internal investigation conducted by the ICC. Present your side of the story calmly and factually.
• Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think. An advocate can advise you on how to respond to the allegations and represent you during the inquiry and any subsequent legal proceedings.

If you are the victim

As the victim, like Kavita, your priority is to stop the harassment and seek justice. Your actions should be measured and well-documented.

• File a Complaint with the ICC: This is the primary mechanism for redressal within the organization. The complaint should be in writing and submitted within three months of the last incident.
• Gather Your Evidence: Systematically organize all the proof you have collected, including your log of incidents, emails, messages, and a list of potential witnesses.
• Consider Police Action: If the internal mechanism fails or if the harassment is severe and constitutes a criminal offense under the BNS, you can file a complaint with the police. An FIR can be registered based on your complaint.
• Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think. A lawyer can help you draft your complaints, communicate with the company and the police, and ensure your rights are protected throughout the process.

How the police behave in such cases

Initially, the police might be hesitant to intervene, viewing the matter as an “internal corporate dispute” or a “personal issue.” They may suggest resolving it through the company’s HR department. However, if your complaint clearly outlines actions that constitute a cognizable offense under the BNS (like criminal intimidation or defamation), they are obligated to register an FIR under Section 173 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS). Having a lawyer accompany you to the police station can ensure that your complaint is taken seriously and registered under the appropriate legal provisions.

FAQs people normally have

What evidence is required?

Strong evidence is key to proving workplace harassment. This includes:

• Digital Communication: Emails, WhatsApp chats, internal messenger logs, or any text-based communication that shows the harassing behavior.
• Witness Testimony: Statements from colleagues who have witnessed the incidents.
• Documentation: Your personal log of incidents, negative performance reviews that are unsubstantiated, or any documents that show professional sabotage.
• Recordings: Audio or video recordings can be powerful evidence, but their admissibility in court depends on how they were obtained. It is best to consult a lawyer regarding the legality of recording conversations without consent in your jurisdiction.

How long will the investigation take?

The timelines can vary:

• ICC Inquiry: As per the PoSH Act, the Internal Complaints Committee must complete its inquiry within 90 days from the date of receiving the complaint.
• Police Investigation: The duration of a police investigation under the BNSS is not fixed. It depends on the complexity of the case, the evidence available, and the cooperation of witnesses. It can take several months to over a year for the police to file a final report (chargesheet) in court.

Advocate Sudhir Rao, Supreme Court of India