Understand What Constitutes Sexual Harassment

Before you write a complaint letter, it is essential to understand what constitutes sexual harassment. In India, the Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act, 2013, defines Sexual Harassment includes anyone or more of the following unwelcome acts or behaviour (whether directly or by implication), namely:

• Physical contact and advances, or
• A demand or request for sexual favours, or
• Making sexually coloured remarks, or
• Showing pornography, or
• Any other unwelcome physical, verbal, non-verbal conduct of sexual nature

Generally, workplace sexual harassment also refers to two other forms of very common inappropriate behaviour. Quid Pro Quo (literally ‘this for that’) includes Implied or explicit promise of preferential treatment in employment; or Implied or explicit threat of detrimental treatment in her employment; or Implied or express threat about her present or future employment status. Second form is Hostile Work Environment which includes Creating a hostile, intimidating or an offensive work environment and/ or Humiliating treatment likely to affect health or safety of the victim.

In short, we can understand that Workplace Sexual Harassment is a behaviour that is UNWELCOME and SEXUAL in nature. It often occurs in Matrix of Power and is a SUBJECTIVE experience where IMPACT not intent is what matters.

Gather Evidence

It is crucial to have evidence of the Sexual Harassment you have faced. This can include emails, messages, and any other communication that documents the behavior. If there were witnesses to the harassment or CCTV footage of the incident, these can also be included as evidence.

Gathering evidence is crucial as it will strengthen your case and make it easier for HR to investigate the matter.

Follow the Complaint Procedure

Most organizations have a complaint procedure in place to address issues of harassment. It is important to follow this procedure as it provides a formal channel to report the harassment and seek redressal. If you are not aware of the complaint procedure, you can ask HR to provide you with the necessary information. It is mandatory for every employer to form an Internal Complaints Committee (ICC) to specifically address the complaints of sexual harassment.

Write the Complaint Letter

Though there is no format for filing a complaint, it is crucial to keep the complaint formal and concise. Start by addressing the letter to the HR department and stating the purpose of the letter. Provide a brief description of the harassment you have faced and include the evidence you have gathered. Be specific and provide as much detail as possible.

Include the impact that the harassment has had on your sexual health and job performance. You must request the HR department to take appropriate action against the harasser and ensure that such incidents do not occur in the future.

Here are a few additional points that you may find helpful:

Be Specific

When describing the Sexual Harassment you have faced, be as specific as possible. Include details such as dates, times, locations, and the names of any witnesses or individuals involved. This will help HR investigate the matter more effectively and take appropriate action.

Use Formal Language

Your complaint letter should be written in formal language. Use a professional tone and avoid using slang or informal language. This will help ensure that your letter is taken seriously and given the appropriate attention.

Include Supporting Documents

If you have any supporting documents, such as emails or messages, include them with your complaint letter. This will help to provide additional evidence of the harassment you have faced.

Provide Contact Information

Include your contact information in the complaint letter, such as your phone number and email address. This will help HR to get in touch with you if they require additional information or need to schedule a meeting.

Seek Legal Advice

If you feel that the harassment you have faced is severe or ongoing, you may want to seek legal advice. An experienced lawyer can help you understand your rights and provide guidance on the best course of action. There are many NGOs working in the field which can provide you with the required counsel.

Follow Up

After submitting your complaint letter, follow up with HR to ensure that your complaint has been received and is being investigated. If you do not receive a response within a reasonable amount of time, you may want to escalate the matter to a higher authority.

By following these tips, you can write an effective Sexual Harassment complaint letter to HR in India and seek redressal for the harassment you have faced. Remember to stay strong and persistent in your efforts to address the issue.

Conclusion

Writing a Sexual Harassment complaint letter to HR in India can be a challenging task. However, by following the steps outlined in this article, you can write an effective complaint letter and seek redressal. Remember to keep the letter formal, concise, and include all necessary evidence. It is important to take action against Sexual Harassment as it not only affects your sexual health but can also impact your job performance.

By reporting the harassment, you not only protect yourself but also create a safer work environment for your colleagues where everyone can work with dignity and respect.

Who can complain?

Complaint against an act of sexual harassment can be filed by the aggrieved woman herself.

In case of physical incapacity of the aggrieved woman, the complaint can be filed with the written consent of the complainant by the complainant’s relative or friend, Co worker, Officer of NCW or SCW or any person who has knowledge of the incident.

In the case of mental incapacity of the aggrieved woman, the complaint can be filed by the complainant’s relative or friend, Special educator, Qualified psychiatrist/psychologist, Guardian/authority under whose care the complainant is receiving treatment/care or any person with knowledge of the incident, jointly with any person mentioned above.

In case of Complainant’s death any person with knowledge of the incident can file the complaint with the written consent of her legal heir.

In case Complainant is unable to file the complaint for any other reason, the complaint can be filed by any person who has knowledge of the incident with written consent of the aggrieved woman.

Where can the complained be filed ?

The Act provides for two kinds of complaints mechanisms: Internal Complaints Committee (ICC) and Local Complaints Committee (LCC). All Complaints Committees must have 50 per cent representation of women. ICC or LCC members will hold their position not exceeding three years from the date of their nomination or appointment.

What should the complaint contain?

The written complaint should contain a description of each incident(s). It should include relevant dates, timings and locations; name of the respondent(s); and the working relationship between the parties. A person designated to manage the workplace sexual harassment complaint is required to provide assistance in writing of the complaint if the complainant seeks it for any reason.

Implications of Section 9 of The Act for Employees

The Act specifies the punishment for the offense of sexual harassment. According to this section, any person who is found guilty of sexual harassment shall be punished with imprisonment for a term that can extend up to three years. The offender may also be liable to pay a fine.

The punishment for the offense of sexual harassment is severe, and it reflects the seriousness with which the government views this issue. It is essential to note that the punishment is not limited to the workplace. Sexual harassment can occur anywhere, and the offender can be punished under Section 9, irrespective of the location of the offense.

Implications of Section 9 of The Act for Employers

Employers have a responsibility to provide a safe and harassment-free workplace for their employees. The Act places an additional burden on employers to prevent sexual harassment at the workplace. Employers need to take measures to ensure that sexual harassment does not occur at the workplace, and if it does, they need to take action to address the issue.

Employers can take several measures to prevent sexual harassment at the workplace. They can conduct awareness programs for their employees, implement a code of conduct, and set up a mechanism for redressal of complaints. Employers should also take action against the offenders and ensure that they are punished for their actions.

If an employer is found to be negligent in preventing sexual harassment at the workplace, they can be held liable under Section 9 of The Act. Employers need to take this issue seriously and take measures to prevent sexual harassment at the workplace.

Prevention of Sexual Harassment at the Workplace

Prevention is better than cure, and this is true in the case of sexual harassment as well. Employers and employees need to take measures to prevent sexual harassment at the workplace. As per Section 19 of the Act, every employer shall:

• Provide a safe working environment at the workplace which shall include safety from the persons coming into contact at the workplace
• Create and communicate a detailed policy about Prevention, Prohibition & Redressal of Sexual Harassment
• Constitute Complaints Committee in the workplace so that every working woman is provided with a mechanism for redress of her complaint
• Display at any conspicuous place in the workplace, the penal consequences of sexual harassments and the order constituting the ICC
• Organize workshops and awareness programmes at regular intervals for sensitising the employees with the Act
• Organize orientation programmes for the members of the ICC to ensure that Complaints Committees are trained in both skill and capacity
• Provide necessary facilities to the ICC or the LCC for dealing with the complaint and conducting an inquiry
• Assist in securing the attendance of respondent and witness before the ICC or the LCC
• Make available such information to the ICC or the LCC with regard to the complaint
• Provide assistance to the woman if she chooses to file a complaint under IPC or any other law
• Cause to initiate action under the IPC or any other law against the perpetrator or if the aggrieved woman so desires, where the perpetrator is not an employee, in the workplace at which the incident of sexual harassment took place
• Treat sexual harassment as a misconduct under the service rules and initiate action for such misconduct
• Monitor the timely submission of reports by the ICC
• Prepare an annual report and report to the respective state government

What if the Employer fails in his duties?

An employer can be subjected to a penalty of up to INR 50,000 for their failure to constitute Internal Complaints Committee; or failure to act upon recommendations of the Complaints Committee; or failure to file an annual report to the District Officer where required; or contravening or attempting to contravene or abetting contravention of the Act or Rules.

Where an employer repeats a breach under the Act, they shall be subject to twice the punishment or higher punishment if prescribed under any other law for the same offence; or cancellation/Withdrawal/Non-renewal of registration/license required for carrying on business or activities.

Why Prevention is Key

Prevention is the key to ensuring a safe and harassment-free workplace. Employers and employees should work together to prevent sexual harassment. Employers should take proactive measures to prevent sexual harassment and provide a safe working environment for their employees. Employees should also be vigilant and report any instance of sexual harassment. By working together only, a harassment-free workplace can be created.