If you are stuck in such a situation, here is what to do.
Priya, a 21-year-old woman, recently started her career at a tech startup, InnovateNext Solutions, in Metropolis City. She was looking forward to a fresh start, but her experience was quickly soured by the inappropriate behaviour of a coworker, Rohan. The team consists of four members working closely: Priya, Rohan, and two other colleagues, Amit and Bharat. While Amit and Bharat maintained a professional and respectful demeanour, Rohan’s conduct was problematic from the beginning.
Within days of joining, Rohan began asking Priya intrusive personal questions, such as inquiries about her male friends and past relationships, followed by suggestive remarks like, “She must be quite modern…”. This immediately made Priya uncomfortable. Rohan’s behaviour continued to escalate. He would frequently interrupt Priya’s work-related conversations with their manager, make inappropriate jokes, and constantly pry into her professional discussions. During a lunch break, he insisted on joining Priya and Bharat, even though he was not invited, and then awkwardly put Priya on the spot by asking what she would buy for him to eat, creating a highly uncomfortable situation.
The final straw came when Bharat, who was on leave, informed Priya about a disturbing conversation he had with Rohan. Rohan had expressed his intention to “pursue” Priya, objectifying her based on her attire and remarking that women like her were uncommon in his hometown. Rohan also made generalized misogynistic comments in the workplace. In a conversation with the manager, he stated that women desire partners with high salaries, then pointedly asked Priya if she shared this view. This unwarranted comment left her stunned and distressed.
Priya tried to set boundaries by ignoring Rohan, but he persisted, questioning why she was not talking to him and acting overly familiar. This relentless harassment caused Priya significant emotional distress, leading to nightmares and a constant feeling of unease at her workplace, a place she desperately needs for her future and financial stability. The startup, being a small organization, does not have a formal POSH committee, leaving Priya uncertain about how to address the situation without jeopardizing her job.
Advice in such cases
Document Everything: Keep a detailed, private record of every incident. Note the date, time, location, what was said or done, and who was present. Save any digital evidence like text messages, emails, or chat logs.
Set Clear Boundaries: If you feel safe doing so, clearly and firmly tell the harasser that their behaviour is unwelcome and must stop. This can be done verbally or in writing (e.g., via an official email, which also serves as evidence).
Report Formally: Do not hesitate to use official channels. Submit a written complaint to your manager, HR department, or the designated person for handling such issues. Even in a startup without a formal Internal Committee (IC), the employer is obligated to address the issue.
Identify Witnesses: Think about colleagues, like Bharat in this scenario, who may have witnessed the harassment or can corroborate your claims. Their testimony can be crucial.
Applicable Sections of Law
Several laws in India protect individuals from workplace harassment:
The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (POSH Act): This is the primary legislation dealing with workplace sexual harassment. It defines harassment broadly to include unwelcome physical contact, demands for sexual favours, making sexually coloured remarks, or any other unwelcome physical, verbal, or non-verbal conduct of a sexual nature. Every employer with 10 or more employees is required to constitute an Internal Committee (IC) to investigate complaints.
Bharatiya Nyaya Sanhita, 2023 (BNS): If the conduct amounts to a criminal offence, a police complaint can be filed under relevant sections of the BNS, such as:
Section 74 of BNS: Deals with sexual harassment, which includes unwelcome advances, demanding sexual favours, or making sexually coloured remarks.
Section 77 of BNS: Pertains to stalking, both physically and online.
Section 79 of BNS: Addresses acts, gestures, or words intended to insult the modesty of a woman.
Section 73 of BNS: Covers assault or use of criminal force against a woman with the intent to outrage her modesty.
If you are the complainant
Do Not Engage: Avoid any direct confrontation or arguments with the accused after you have filed a complaint. Let the formal process take its course.
Cooperate Fully: Provide all the evidence and information required by the Internal Committee or the police during the investigation. Be clear and consistent in your statements.
Seek Support: This is a stressful process. Lean on trusted friends, family, or a mental health professional for emotional support.
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.
If you are the victim
Take Allegations Seriously: Understand that a formal complaint has serious implications. Do not dismiss it or attempt to intimidate the complainant, as this can lead to further legal trouble.
Cooperate with the Inquiry: Participate in the investigation process conducted by the IC or the police. Present your side of the story calmly and factually.
Gather Your Evidence: Collect any evidence that can support your version of events, such as emails, messages, or witness accounts that provide context to the situation.
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.
How the police behave in such cases
When a complaint of this nature is brought to the police, their response can vary but should follow a standard procedure. Initially, they are required to register a First Information Report (FIR) if the complaint discloses a cognizable offence under the BNS. In cases involving offences against women, the law mandates swift action. The police will then investigate the matter, which involves collecting evidence, recording statements from the victim, the accused, and any witnesses. While some officers may initially be dismissive, persistence and having a lawyer involved can ensure the case is taken seriously. The investigation is conducted under the provisions of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS).
FAQs people normally have
What if my company is a startup and doesn’t have an Internal Committee (IC)?
If an employer has fewer than 10 employees, they are not required to form an IC. In such cases, or if the complaint is against the employer themself, the complainant can file a complaint with the Local Committee (LC) constituted by the District Officer under the POSH Act.Can I be fired for filing a complaint?
No. The POSH Act provides protection against retaliation. It is illegal for an employer to terminate or otherwise penalize an employee for filing a harassment complaint. If this happens, you can take legal action against your employer.Will my complaint and identity be kept confidential?
Yes. The POSH Act strictly mandates that the identities of the complainant, the respondent, and witnesses, as well as the details of the inquiry proceedings, must be kept confidential.What action can be taken against the harasser if they are found guilty?
If the IC finds the accused guilty, it can recommend actions such as a written apology, withholding of promotion or increments, or termination of employment. The employer is obligated to act on these recommendations. Additionally, criminal proceedings under the BNS can lead to fines and/or imprisonment.
What evidence is required?
Strong evidence is key to proving a harassment claim. This can include:
Digital communication such as emails, text messages, social media chats, or recordings.
Testimony from witnesses who saw or heard the incidents.
A personal diary or log where you have documented the harassment incidents in detail.
Any available CCTV footage from the workplace.
Evidence of the emotional or psychological impact, such as a therapist’s notes or medical records.
How long will the investigation take?
The POSH Act sets a strict timeline for investigations. The Internal Committee must complete its inquiry within 90 days from the date the complaint is filed. For criminal cases filed with the police under the BNS, there is no fixed statutory timeline for the investigation, but the Bharatiya Nagarik Suraksha Sanhita (BNSS) encourages an expeditious process.
Advocate Sudhir Rao, Supreme Court of India