If you are stuck in such a situation, here is what to do.
A young professional, Ms. Anjali, is employed at a prominent corporation in the city of Suryanagar. A few months ago, Mr. Vikram, the son of a powerful local figure, joined the company in a senior capacity. From the outset, he began making unsolicited personal comments about Ms. Anjali’s appearance and personal life, frequently asking her out for “private meetings” after work hours.
When his advances were ignored, his behaviour escalated. He would physically block her path at her desk, insisting she join him for coffee. Recently, the harassment took a threatening turn when he implied he could advance her career if she “cooperated” or make her work life “very difficult” if she refused. Following her firm refusal, Ms. Anjali noticed that her access to crucial projects was being inexplicably delayed, and she was being excluded from important meetings she was meant to attend.
Feeling cornered, she approached the Human Resources department. However, HR was dismissive, stating they could not act without board approval, an unlikely outcome given that Vikram’s father is a significant investor in the company. Ms. Anjali has preserved evidence, including screenshots of his messages and voice recordings of his inappropriate comments, but fears severe retaliation if she makes the matter public or takes formal action.
Advice in such cases
Document Everything: Keep a detailed, dated log of every incident of harassment. Note the time, location, what was said or done, and who was present. Preserve all digital evidence like text messages, emails, and voice notes securely.
Do Not Engage: Avoid one-on-one interactions with the harasser as much as possible. If you must interact, try to do so in the presence of colleagues or in public areas of the office.
Inform a Trusted Colleague: Confide in a trusted colleague who can act as a witness to the ongoing harassment and the changes in your work environment.
Seek Legal Counsel: Before taking any formal steps, it is crucial to understand your legal rights and the best course of action. A lawyer can guide you through the complexities of the law and protect your interests.
Applicable Sections of Law
In India, such situations are primarily governed by two sets of laws that can be used simultaneously:
The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (POSH Act): This is the specific civil law designed to address workplace sexual harassment. It mandates every employer with more than 10 employees to constitute an Internal Committee (IC) to hear and redress such complaints. The definition of sexual harassment under this Act is very broad and includes unwelcome physical contact, a demand or request for sexual favours, making sexually coloured remarks, and any other unwelcome physical, verbal, or non-verbal conduct of a sexual nature.
Bharatiya Nyaya Sanhita, 2023 (BNS): This is the new penal code of India. A person can also be held criminally liable for sexual harassment. The relevant sections include:
- Section 73 of BNS: This section deals with sexual harassment and includes acts like making sexually coloured remarks, which is punishable with imprisonment.
- Section 79 of BNS: This section penalises any act, gesture, or word intended to insult the modesty of a woman.
- Section 351 of BNS: This section addresses criminal intimidation. If the harasser threatens injury to your reputation or property to compel you to do something, it constitutes a criminal offense.
If you are the complainant
If you find yourself accused of such behaviour, it is critical to take the matter seriously and act strategically.
Do Not Tamper with Evidence: Do not attempt to destroy any communication or evidence related to the allegations. This can be used against you.
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 interactions.
Cooperate with the Inquiry: Fully cooperate with the company’s Internal Committee (IC) or any police investigation. Present your case 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.
If you are the victim
You have multiple legal avenues available, and you can pursue them concurrently. The inaction of your HR department does not leave you without recourse.
File a Formal Complaint with the Internal Committee (IC): Your first formal step under the POSH Act is to submit a written complaint to your company’s IC. Even if you believe they will be biased, filing this complaint is a crucial legal step. The company is legally obligated to act on it. If they fail to do so, the company itself can be penalised.
File a Police Complaint (FIR): You have the absolute right to approach the police and file an FIR under the relevant sections of the Bharatiya Nyaya Sanhita (BNS). The POSH Act does not prevent you from initiating criminal proceedings. You can go to the nearest police station and submit a written complaint detailing the harassment, threats, and subsequent retaliation.
Protection Against Retaliation: The POSH Act explicitly provides for protection against victimization. The professional sabotage you are facing (delayed project access, exclusion from meetings) after you rejected his advances is a form of harassment itself. This should be included in your complaint to both the IC and the police.
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. He can help you draft a strong legal complaint, represent you before the police and the IC, and ensure your rights are protected against a powerful adversary.
How the police behave in such cases
When a complaint of this nature is filed, especially against an influential person, the police are expected to follow due process. Upon receiving a complaint that discloses a cognizable offense (like sexual harassment or criminal intimidation), they are duty-bound to register an FIR under Section 154 of the Bharatiya Nagarik Suraksha Sanhita (BNSS). They will then proceed with the investigation, which includes recording the victim’s statement (often before a Magistrate under Section 164 BNSS to give it more weight), collecting evidence like your screenshots and voice notes, and questioning the accused and witnesses. The presence of a lawyer can ensure that the police take prompt and unbiased action.
FAQs people normally have
What evidence is required?
Strong evidence is key to a successful case. The more evidence you have, the stronger your position will be. This includes:
Digital communication: Screenshots of text messages, social media chats, and emails.
Audio/Video evidence: Call recordings or voice notes containing the harassment.
Witnesses: Testimony from colleagues who have witnessed the harassment or the subsequent retaliation.
A personal diary: A detailed, contemporaneous record of incidents.
Documentation of retaliation: Emails, meeting minutes, or project management records showing your exclusion or work being sabotaged.
How long will the investigation take?
The timelines can vary based on the forum:
Internal Committee (IC): Under the POSH Act, the IC is required to complete its inquiry within 90 days from the date of receiving the complaint.
Police Investigation: Under the BNSS, the police are mandated to complete their investigation and file a final report (chargesheet) in court, typically within a few months, but complex cases can take longer. Recent amendments aim to expedite this process.
Advocate Sudhir Rao, Supreme Court of India