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Sexual harassment is considered a serious offence in India, and it's especially highlighted in the cosmopolitan city of Patna. Sexual Harassment law in India is generally regulated under the "Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013". This comprehensive piece of legislation not only underscores the definition of sexual harassment but also details supervisory duties, complaint procedures and punitive measures to deter and redress such actions. The law acknowledges the importance of creating safe and respectful work spaces for all individuals, particularly women.
A lawyer conversant with sexual harassment legislation can be immensely beneficial in navigating complex legal landscapes. They can determine the eligibility of claims, provide counsel, and articulate narrative aptly during lawsuit proceedings. Especially, victimised individuals often find the legal process stressful and intimidating, a lawyer could provide the necessary emotional support and guarantee their rights are upheld. Conversely, lawyers can assist those unjustly accused, to safeguard their reputation and ensure fair adjudication.
In Patna, one essential regulation is the Bihar Prohibition of Sexual Harassment at Workplace Rules, 2017 formulated under the central 2013 Act. It corroborates the definition of sexual harassment, including unwelcome advances, verbal or physical conduct, quid pro quo harassment and creation of a hostile work environment. It further elaborates on constitution and responsibilities of the employer and Internal Complaints Committee (ICC). ICC deals with sexual harassment complaints at the organisational level, taking appropriate actions like mediation, conducting inquiries, and recommending punitive measures.
Any woman who experiences sexual harassment at her place of work can file a complaint under the 2013 Act. This covers all working women, irrespective of their age or employment status, including domestic workers, students, and volunteers.
Any unwelcome sexual behavior, request for sexual favours, comments, advances or gestures, exhibition of pornography, or any other unwanted physical, verbal or non-verbal conduct of sexual nature falls under this category. It also includes any negative consequences suffered at work for refusing to concede to such behavior.
The complaint should ideally be filed within three months of the incident. However, considering the circumstances, the ICC could extend the timeframe to an additional three months.
Reports should be filed with the Internal Complaint Committee at the organization where the incident happened.
If a workplace lacks an ICC, a complaint can be lodged with a Local Complaints Committee (LCC) under the district officer’s jurisdiction.
False accusations are taken very seriously and could lead to similar punitive measures as actual sexual harassment, to discourage frivolous or malicious complaints.
Yes, a complaint can be filed by any person having knowledge of an incident, even if they are not a direct victim.
The accused may be required to apologize, denied promotion, transferred, terminated or even required to compensate the victim.
A case can be withdrawn in writing, however, if it was determined that it was under duress or threat, it may be pursued further.
Both parties' identities and all information pertaining to the case are generally kept confidential, save for specific legal requirements.
The National Commission for Women (NCW) offers numerous resources for individuals needing advice on sexual harassment issues. The Patna Women's Commission and Bihar State Legal Services Authority also provide legal support and counsel in this field. Many NGOs in Patna conduct programmes and workshops to raise awareness about rights and recourses related to workplace violations, while offering support for victims in need.
If you feel you've been sexually harassed, it's essential to consult with a legal professional to understand your rights and potential courses of action. Document the incidents in detail, gather any possible evidence and identify any potential witnesses. This information will be crucial during legal proceedings. Be assured that the law ensures your protection and the prosecution of those who violate it.
