Ms. Anika, an employee at a multinational corporation named “Innovate Solutions” in the city of Avantipur, found herself in a deeply distressing situation. For over a year, she had been enduring persistent harassment from a senior colleague, Mr. Rohan Verma. The situation escalated dramatically when she discovered a location tracking device planted in her personal handbag. Confronted over a call, Mr. Verma admitted to placing the tracker, and Anika managed to record this confession.
Anika promptly reported the incident, along with the history of harassment, to the company’s Human Resources department and the Internal Committee (IC) constituted under the Sexual Harassment of Women at Workplace (POSH) Act, 2013. However, the response was disheartening. During a perfunctory meeting, a committee member questioned her, “If the harassment was ongoing for so long, why did you wait until now to report it?” When she provided further evidence, including information about Mr. Verma’s history of similar behaviour with other female employees, the company dismissed it, stating, “We have heard your side. Now, please focus on your work.”
The company took no significant action against Mr. Verma, who was allowed to continue working from the office and was even tasked with interviewing new female interns. When other female colleagues expressed their discomfort and fear to HR, they were told, “Anyone feeling insecure can opt for work from home.” This response demonstrated a clear failure to provide a safe working environment. Traumatized by the events and the company’s apathy, Anika has taken an indefinite leave. The primary complication is an employment bond she signed upon joining 18 months ago, which binds her to the company for three years. She now wishes to leave the toxic environment and pursue further studies or other opportunities but is concerned about the legal implications of the bond.
Advice in such cases
Document Everything: Maintain a detailed record of every incident of harassment, including dates, times, locations, what was said or done, and who was present. Keep copies of all communications with HR and the Internal Committee.
Preserve Evidence: Secure all evidence, such as the tracking device, call recordings, emails, text messages, or any other proof of harassment and the company’s inaction.
Communicate in Writing: Ensure all communications with the company, HR, and the IC are done via email or other written forms to create a paper trail.
Employment Bond: An employment bond is often not enforceable if an employee is forced to resign due to a hostile or unsafe work environment created by the employer’s negligence. This can be argued as constructive dismissal.
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
The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (POSH Act): This is the primary legislation that mandates employers to create a safe workplace and establish an Internal Committee to address complaints of sexual harassment.
Bharatiya Nyaya Sanhita, 2023 (BNS):
Section 74 (Sexual Harassment): This section criminalizes unwelcome physical contact, demands for sexual favours, showing pornography against the will of a woman, or making sexually coloured remarks.
Section 77 (Stalking): This section criminalizes monitoring the use by a person of the internet, email or any other form of electronic communication, or any other act of following or contacting a woman which causes a reasonable fear of violence or serious alarm or distress. Placing a tracker in a bag is a clear case of monitoring and stalking.
The Indian Contract Act, 1872: Section 27 of this Act deems agreements in restraint of trade as void. The enforceability of an employment bond can be challenged under this provision, especially when the employer fails to provide a safe working environment.
If you are the complainant
If you are the person against whom such allegations have been made, it is crucial to handle the situation carefully:
Understand the Allegations: Carefully review the complaint made against you and understand the specific allegations.
Cooperate with the Inquiry: Fully cooperate with the Internal Committee’s investigation. Provide your side of the story with any evidence you may have.
Do Not Retaliate: Do not attempt to contact, influence, or intimidate the victim or any witnesses. Such actions can lead to more severe consequences.
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 who has suffered harassment, here are the steps you should take:
File a Formal Complaint: Submit a detailed written complaint to the company’s Internal Committee as per the POSH Act.
Police Complaint (FIR): If the company’s IC is unresponsive, biased, or if you are not satisfied with their action, you have the right to file a First Information Report (FIR) with the police under the relevant sections of the Bharatiya Nyaya Sanhita, 2023.
Appeal: If you are dissatisfied with the findings or recommendations of the IC, you can appeal the decision to the prescribed appellate authority under the POSH Act.
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
Upon receiving a complaint, the police are obligated to register an FIR under the relevant sections of the law. The investigation process, as per the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), will involve collecting evidence, recording statements from the victim, accused, and witnesses, and seizing any relevant material (like the tracking device). If sufficient evidence is found, the police will file a chargesheet in the appropriate court, and the criminal trial will commence. In cases involving women, the statement is often recorded by a female police officer.
FAQs people normally have
What evidence is required?
Strong evidence is crucial. This can include:
The physical tracking device itself.
Digital evidence like call recordings, screenshots of messages, emails, or social media posts.
Statements from colleagues or other witnesses who observed the harassment or the hostile environment.
A detailed personal diary or log of the incidents.
Copies of all written communications with the company’s HR and IC.
How long will the investigation take?
Under the POSH Act, the Internal Committee is required to complete its inquiry within 90 days from the date of receiving the complaint. A police investigation under the BNSS does not have a strict statutory deadline and can vary depending on the complexity of the case, the evidence available, and the cooperation of the parties involved. It can take several months for the police to file a final report or chargesheet.
Advocate Sudhir Rao, Supreme Court of India