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Sexual harassment is a serious crime in Mohali, India, and is governed by the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013. This Act aims to protect any woman exposed to sexual harassment at her place of work and guarantees a safe working environment for all employees. The law recognizes acts like unwanted physical contact, demand, or request for sexual favors, making sexually colored remarks, showing pornography, and other unwelcome physical, verbal, or non-verbal conduct as sexual harassment.
Having expert legal advice is crucial in sexual harassment cases because of their sensitive nature and the complex laws surrounding them. A qualified lawyer can help you understand your rights, file a complaint if required, provide legal representation during trials and aid in gathering evidence to strengthen the case. Instances where you may need a lawyer include unclear circumstances, when an employer does not take action on a complaint, if you face retaliation after filing a complaint and when you face difficulties navigating the legal system.
The local laws in Mohali are in line with the national laws regarding sexual harassment. The Workplace Sexual Harassment Act is applicable, and it mandates every employer in the region to ensure a safe working environment for women employees. In addition, it allows for the formation of an Internal Complaints Committee (ICC) at each workplace, providing an in-house mechanism for redressal. Mohali also follows respective state and national guidelines for victim protection, counseling, and punishment for perpetrators.
The Sexual Harassment Act defines sexual harassment as any unwelcome act or behavior (whether direct or implied) like physical contact and advances, demand or request for sexual favors, making sexually colored remarks, showing pornography, or any other unwelcome physical, verbal, or non-verbal conduct of a sexual nature.
If anyone faces sexual harassment at the workplace, they should immediately report the incident to their supervisor, HR department, or the organization's Internal Complaints Committee. It is advisable to keep evidence of the harassment such as emails, messages, or any other documents.
Sexual Harassment Act mandates the formation of an Internal Complaints Committee (ICC) in every organization. The ICC is responsible for conducting inquiries into complaints received and recommending actions based on its investigations.
If an employer does not take action on a complaint, the victim can approach the local police or district officer to file a complaint. If it is found that the employer failed to comply with the obligations under the Sexual Harassment Act, they can be penalized.
Yes, the Act provides for confidentiality and anonymity to protect the victim. The details of the complaint, identity of the victim, witnesses, accused, and proceedings of the ICC are confidential.
Additional resources for support and advice include the National Commission for Women, local Non-Governmental Organizations, and local police stations. Online resources like the Ministry of Women and Child Development and legal aid websites can also provide useful information and support.
If you need legal assistance, contact a local lawyer specializing in sexual harassment cases. They can guide you through the process of filing a complaint, provide representation, and support you throughout the legal process. Remember to maintain all relevant documents and evidence related to the harassment to strengthen your case.
