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Explained: When and where the sexual harassment law holds, against whom -Vrinda Grover

-The Indian Express

An Expert Explains: If a woman is harassed by a man who is not in the same organisation, whom does she approach? Does the law cover a complaint that is made several years after the alleged incident?

New Delhi:
If a woman is harassed by a man who is not in the same organisation, whom does she approach? Does the law cover a complaint that is made several years after the alleged incident? Vrinda Grover, an advocate at the Supreme Court, explains.

* Do the provisions of the sexual harassment law cover only situations in which both parties were employed by the same organisation at the time of the incident?

The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, and Rules under it, provide redress to an “aggrieved woman”, which includes women employed by the organisation, as well as women associated with the organisation in any capacity, such as a visitor or an intern; or other women aggrieved by sexual harassment committed in relation to the work or workplace of that organisation. A complaint can be filed against an employee of the organisation, or even an outsider who comes into contact in the course of or in relation to the work, such as a consultant, service provider, a vendor, with the workplace or the organisation.

* If the woman no longer works, or has never worked in the same organisation as the man who committed the sexual harassment, which authority should she approach?

If the sexual harassment took place while she was employed by the organisation, she can file a complaint even after she has left. If she had never been employed by the organisation, she may file a complaint with the Internal Complaints Committee (ICC) of the organisation where the man works, if the harassment has taken place in the course of work, or in relation to the man’s professional activities.

The woman may also file a complaint before the Local Complaints Committee, which is to be constituted in every district. The government has failed to create sufficient awareness about the existence of the LC and as of today the LC does not seem to offer a robust option for redress.

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