In simple terms, a complaint refers to any allegation of Sexual Harassment, whether verbally or in writing, against a person who may or may not be known to the Complainant. According to the Sexual Harassment of Women at Workplace (Prevention, Prohibition & Redressal) Act, 2013, all complaints must be submitted in writing to the Internal Committee (IC).
Filing a written complaint under the PoSH Law can seem daunting and complicated, but it doesn't have to be so. As discussed in this blog, a structured approach can make the process simpler than one may think. So, let's dive in, and with a little effort, we can create a template to follow.
Drafting the Complaint: Facts, Documents, Witnesses
When drafting a Sexual Harassment complaint, it's essential to include all relevant facts, supporting documents, and witnesses, but it's also important not to get discouraged if you don't have all the information at the outset. As this template shows, you can still provide as many details as possible in a systematic and organised manner. Here's what to include:
- Name of the Complainant and contact details.
- Date, time & place of the incident(s).
- Name of the Respondent (accused) and their contact details.
- Allegation(s) with context, including what happened before, during, and immediately after the incident.
- Evidence (if any). Please note that filing a complaint of Sexual Harassment does not require mandatory evidence or supporting documents. However, any relevant material you may have, such as screenshots of WhatsApp messages, call logs, or other information, can be helpful in investigating the matter.
- Witnesses and their contact details.
- Impact on the Complainant, such as emotional distress or effects on work performance.
- The remedy sought, such as an apology, compensation, or termination.
- Date and signature of the Complainant.
By following this structure, you can create a thorough and comprehensive complaint that clearly outlines the incident and the action you are seeking. Remember, taking action against Sexual Harassment is crucial, and filing a complaint is an essential step in the process. With the right tools and guidance, you can ensure that your voice is heard and your rights are protected.
Identifying the Authority
When filing a Sexual Harassment complaint, it's crucial to identify the appropriate authority to address the complaint. Here are the options that the Complainant could explore:
Internal Committee (IC): Every organisation with ten or more employees must have an IC to investigate complaints of Sexual Harassment. If the Complainant's organisation has an IC, she should file the complaint with that IC. She can also file the complaint with the Respondent's IC if the Respondent belongs to a different organisation.
Local Committee (LC): If neither of the above options is available, the Complainant can file the complaint with the LC constituted in the District.
Sexual Harassment Electronic Box (SHe-Box): This platform, available on the Ministry of Women & Child Development portal, allows the Complainant to file a complaint in case there is no IC. The Complainant can also check the status of the complaint at any time.
By identifying the appropriate authority, the Complainant can ensure that her complaint is handled efficiently and effectively.
Submitting the Complaint
Once the complaint has been drafted, the next step is to submit it to the Internal Committee (IC). The Complainant can either send the complaint by email or deliver a hard copy in person. While both options are acceptable, email may be a more efficient mode of delivery as it eliminates the need for an acknowledgement from the IC. The date on which the email is sent will be considered the date of filing the complaint. In case the IC requests a hard copy, the Complainant can provide it at a later date, and the date of filing will still be considered as the date of the email. As the date of filing is critical, the Complainant should make a note of it.
It's important to note that the date of filing is consequential, as it triggers a timeline for the IC to investigate and take necessary action.
Chronology of the Complaint Process
The process of filing a Sexual Harassment Complaint under the PoSH Act involves a specific chronology. The Complainant must file the complaint within three months from the date of the incident. If multiple incidents occurred, the date of the last incident is considered the start date for the three-month period, known as the Limitation period. The IC must investigate a complaint filed within this period.
If the complaint is filed within three to six months, the IC has the discretion to investigate based on circumstances that prevented the Complainant from filing in the initial three-month period.
The date of filing the complaint marks the beginning of a 90-day period within which the IC must complete the inquiry. Once the inquiry is complete, the IC has ten days to submit the inquiry report to the Complainant, Respondent, and Employer. The Employer then has 60 days to act on the IC's recommendation, as stated in their report.
It's important to note that the date of filing the complaint is critical in determining whether the IC will investigate the case or not. Hence, Complainants should ensure that the complaint is filed within the prescribed time frame. Failure to do so may result in the complaint not being entertained.
Retaliation for filing a Complaint
When filing a complaint of Sexual Harassment, it's crucial to be aware of the potential for retaliation. The PoSH Act expressly prohibits retaliation against the Complainant for filing such a complaint. Any such retaliation - even if it's non-sexual - is considered an ongoing instance of Sexual Harassment under the law.
If a Complainant experiences retaliation, it's essential to report it in writing to the IC immediately. The IC has the authority to take several steps to protect the Complainant, known as interim measures, and the Employer is responsible for implementing these measures and submitting a report to the IC to support them. These measures are essential to protect the Complainant from further harm and ensure a safe and fair investigation into the complaint.
A Note of Caution
It is essential to exercise caution before embarking on the complaint writing process. The Complainant must ensure that the complaint is based on facts and should avoid making false allegations or providing misleading information. False accusations can lead to severe consequences under the PoSH Law, including disciplinary or legal action. It is essential to provide accurate information and evidence to support the complaint to avoid any adverse impact on the Complainant. Even if you lack sufficient evidence, you still have the right to file a complaint of Sexual Harassment. Following the proper procedures and guidelines while filing a complaint is crucial to ensure a fair and just outcome.
Consistency in Complaint
Consistency is crucial when it comes to writing a Sexual Harassment Complaint. Once the Internal Committee calls you in for an examination, you will be required to narrate the incident in your own words. The purpose of this exercise is to ensure that the details in your complaint match the oral statement. Therefore, it is advisable to write the complaint yourself and avoid utilising the services of an Advocate. In case you need assistance, you can request the IC to help you document and file the complaint.
Drafting a Sexual Harassment Complaint need not be a daunting task that requires the input of multiple people to ensure clarity. It is essential to gather all the necessary facts, follow a template and write the complaint in your own words.
You may find it helpful to watch a video on Filing a Sexual Harassment Complaint by clicking Videos - Rainmaker.
Author: Sumali Nagarajan, AVP-Content & Training
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