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

A friend of mine, let’s call her Anika, recently secured a position at a prominent multinational corporation, “Innovatech Solutions,” in the city of Aryavart Nagar. As a recent graduate, this was her first job, and she was excited to begin her career. However, her enthusiasm was quickly dampened by the unprofessional and harassing behaviour of her direct manager, Mr. Verma.

Mr. Verma began making frequent, unsolicited calls to Anika late at night, often discussing matters completely unrelated to work. He would ask deeply personal questions about her life, her relationships, and her family, making her extremely uncomfortable. The situation escalated when he inappropriately proposed marriage to her. Anika firmly rejected his proposal, but the harassment did not stop.

The most challenging aspect of this ordeal is Mr. Verma’s calculated approach. He deliberately avoids any form of digital communication, such as emails or official chat messages, for his inappropriate advances. All harassment occurs through direct phone calls, leaving no documentary evidence. Anika is in a state of constant fear and anxiety. Being new to the company and the corporate world, she is terrified that filing a complaint could lead to retaliation and the loss of her job, which she worked so hard to get.

As her friend, I am deeply concerned for her well-being but am also wary of taking any step that might inadvertently harm her career prospects. This is a delicate and distressing situation that many young professionals, unfortunately, face.

Advice in such cases

Navigating workplace harassment can be daunting, but there are structured steps you can take to protect yourself.

• Document Everything: Even if the harassment is verbal, maintain a detailed private log. Note down the date, time, duration of calls, what was said, and how it made you feel. This record can serve as crucial evidence later.
• Preserve Call Logs: Take screenshots of your phone’s call history showing the incoming calls from the manager, especially those made at odd hours. This can help establish a pattern of behaviour.
• Confide in Someone: Inform a trusted colleague, friend, or family member about the ongoing harassment. They can provide emotional support and can also serve as a witness to your distressed state.
• Understand Company Policy: Familiarize yourself with your company’s policy on sexual harassment. Every organization with more than 10 employees is legally required to have an Internal Complaints Committee (ICC) under the POSH Act.
• Set Clear Boundaries: If you feel safe doing so, clearly and firmly tell the harasser that their behaviour is unwelcome and must stop. You can do this verbally or through a recorded medium if possible.
• 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

Several Indian laws provide protection against such behaviour:

• The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (POSH Act): This is the primary legislation dealing with workplace harassment. It defines sexual harassment comprehensively and mandates every employer to constitute an Internal Complaints Committee (ICC) to investigate and address complaints.
• Bharatiya Nyaya Sanhita, 2023 (BNS): The BNS, which has replaced the Indian Penal Code, contains provisions that can be invoked depending on the nature of the harassment.
  • Section 77 of BNS (Stalking): Repeatedly following or contacting a person despite clear indication of disinterest can amount to stalking. Unwanted late-night calls could fall under this section.
  • Section 79 of BNS (Insulting the modesty of a woman): Any word, gesture, or act intended to insult a woman’s modesty is a punishable offense. Personal and intrusive questions can be covered here.

If you are the complainant

If you are a friend or colleague of the victim, your support is invaluable. Here is how you can help:

• Listen and Believe: Offer a non-judgmental ear. The most important thing is to let the victim know that you believe them and support them.
• Offer to Be a Witness: You can offer to testify about the changes you have observed in the victim’s behaviour, their state of distress after receiving calls, or anything you may have personally witnessed.
• Help Document: Assist the victim in documenting the incidents, ensuring all details are recorded accurately while they are still fresh in memory.
• Do Not Act Unilaterally: It is crucial to respect the victim’s wishes. Do not escalate the matter or confront the harasser without their explicit consent, as it could worsen the situation for them.
• 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

If you are the one facing harassment, remember that you have rights and legal recourse.

• File a Complaint with the ICC: The first formal step is to submit a written complaint to your company’s Internal Complaints Committee. The complaint should ideally be filed within three months of the last incident.
• Gather Evidence: Collect all possible evidence, including call logs, your personal notes, and names of any potential witnesses.
• Seek Interim Relief: Under the POSH Act, you can request interim measures from the ICC during the pendency of the inquiry, such as being transferred to another department or being granted paid leave.
• File a Police Complaint: If the harassment involves criminal acts like stalking or intimidation, you have the right to file an FIR with the police concurrently with the ICC 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

How the police behave in such cases

When you approach the police, they are legally bound to assist you. Initially, for matters strictly defined as workplace harassment, they might guide you to first approach your company’s ICC. However, if your complaint discloses a cognizable criminal offense under the Bharatiya Nyaya Sanhita (BNS), they must register a First Information Report (FIR) under Section 173 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS). For offenses against women, the law mandates that the statement be recorded by a woman police officer, if practicable, to ensure sensitivity and comfort.

FAQs people normally have

What evidence is required?

While direct evidence like emails or messages is strong, its absence is not a deal-breaker. The following can be used as evidence:

• Call Records: Mobile phone records showing a pattern of calls from the harasser, especially at odd hours.
• Witness Testimony: Statements from colleagues or friends who you confided in or who witnessed your distress.
• Personal Log: A detailed, contemporaneous diary or log of incidents.
• Circumstantial Evidence: Any evidence that points towards the harassment, such as a sudden drop in your work performance, increased absenteeism, or seeking medical help for anxiety or stress.

How long will the investigation take?

Timelines are defined by law to ensure speedy redressal. According to the POSH Act, the Internal Complaints Committee (ICC) is required to complete its inquiry within 90 days from the date of receiving the complaint. A criminal investigation by the police under the BNSS does not have a fixed statutory deadline, but the process is expected to be completed in a timely and efficient manner.

Advocate Sudhir Rao, Supreme Court of India