Best Sexual Harassment Lawyers in Aurangabad

About Sexual Harassment Law in Aurangabad, India

Sexual harassment is a serious issue in Aurangabad, India, as it is throughout the country. It refers to any unwelcome sexual behavior, including unwanted advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature. The law in India, particularly The Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act, 2013, aims to create a safe and secure environment for individuals at their places of work. In addition to national laws, local regulations in Aurangabad also provide a framework for addressing and combating sexual harassment.

Why You May Need a Lawyer

Legal assistance can be crucial in situations where someone is facing sexual harassment. Here are common instances where a lawyer's expertise is invaluable:

• If you are a victim of sexual harassment and need to file a complaint.
• If you need guidance on your legal rights and protections under the law.
• If you are involved in an investigation as an accused or a witness and require legal representation.
• If you need help with workplace internal complaints committees (ICC).
• If you are seeking compensation or restitution for the harassment experienced.
• If you are an employer needing to ensure compliance with sexual harassment laws at your organization.

Local Laws Overview

Aurangabad, being part of Maharashtra, follows central guidelines and has additional localized provisions to handle sexual harassment cases. Below are key aspects:

• The Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act, 2013: This law applies nationwide, including Aurangabad, and mandates that employers create an Internal Complaints Committee (ICC) to address grievances related to sexual harassment.
• Criminal Laws: Sections of the Indian Penal Code (IPC), such as Section 354A, offer criminal remedies against sexual harassment.
• State Initiatives: Maharashtra has additional bodies and measures to safeguard women's rights and ensure swift action against offenders.

Frequently Asked Questions

What constitutes sexual harassment under Indian law?

Sexual harassment includes any unwelcome sexual behavior such as physical contact, advances, demands for sexual favors, showing pornography, or making sexually colored remarks.

How can I file a complaint about sexual harassment in Aurangabad?

Complaints can be filed with the Internal Complaints Committee (ICC) at your workplace or with the Local Complaints Committee (LCC) established by the district administration if an ICC is not available.

What is the time limit for filing a sexual harassment complaint?

The complaint should be filed within three months from the date of the incident. However, this period can be extended by another three months if the complainant can provide valid reasons for the delay.

Can men file sexual harassment complaints under Indian law?

Currently, the Sexual Harassment of Women at Workplace Act specifically protects women. Men and transgender individuals can file complaints under sections of the IPC such as Section 354.

What kind of evidence is needed to support a sexual harassment claim?

Evidence can include emails, messages, photos, witness testimonies, and any other documents that support the claim of harassment.

What can I do if my employer does not have an ICC?

If your employer has not constituted an ICC, you can approach the Local Complaints Committee (LCC) established by the local government body.

Are there penalties for making false complaints?

Yes, making false or malicious complaints is punishable under the Act and can lead to disciplinary action, including suspension or termination of employment.

Can a sexual harassment complaint lead to criminal proceedings?

Yes, if the act of harassment also constitutes a criminal offense under the IPC, criminal proceedings can be initiated alongside workplace corrective measures.

What role does the police play in sexual harassment cases?

The police can intervene and take necessary action if the harassment incident falls under criminal conduct as defined by the IPC. This includes filing FIRs, investigations, and leading to criminal prosecution.

What should I do if the ICC’s decision is unsatisfactory?

If you are dissatisfied with the ICC’s decision, you can appeal to the appropriate court or tribunal within 90 days from the date of the decision.

Additional Resources

For further assistance, you may consider reaching out to the following resources:

• National Commission for Women (NCW): A statutory body that addresses women's rights issues.
• Maharashtra State Woman Commission: Provides support and guidance on women's rights and harassment cases in Maharashtra.
• NGOs: Organizations like Majlis and others offer legal aid and support to women facing harassment.
• Legal Services Authorities: They provide free legal assistance to eligible individuals.

Next Steps

If you need legal assistance regarding sexual harassment in Aurangabad, consider taking the following steps:

1. Document Everything: Gather and record all evidence relating to the harassment.
2. Consult a Lawyer: Seek out legal professionals who specialize in sexual harassment law. They can provide personalized advice and representation.
3. File a Complaint: Register your complaint with your workplace's ICC or the local LCC.
4. Follow Up: Stay informed about the progress of your complaint and participate as needed in the investigation.
5. Seek Support: Reach out to organizations and support groups for emotional and legal support.