Dear Querist
You may file a complaint against them before police or department head under the protection of women from sexual harassment at workplace act and they will be punished for their ill and dirty intention and acts.
Feel free
I am working in a govt project as a contractual civil engg since 2010. From then few of my colleagues are bullying me. I was unmarried then & i thought things will get changed. But no they constantly behind me. Even they have tried to transfer me in a obscure place when i was in maternity leave but they failed to do it. Now they have humiliating me with the help of jt.bdo who is intiating various orders against me, like sending me to field visit more than others, or to send me to another office twice weekly. Recently jt bdo has also intiated an order by adm that if I take any leave without notice or prior approval then it might lead me to non renewal of my annual contract. But in the background of all these they have the sexual intentions which is the main reasons behind all these n also the mental torture is making me sick.
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Can i take any legal action against my employer? Or can i take action against sexual remarks?
Dear Querist
You may file a complaint against them before police or department head under the protection of women from sexual harassment at workplace act and they will be punished for their ill and dirty intention and acts.
Feel free
But Sir, i don't have any recorded evidence against this so that i can prove it. And also there is a huge mental pressure on me, which is also taking toll on my 16 month old baby.
Your oral statement is sufficient to prosecute them. So no need to worry take rest and file a complaint against them.
The SC said that sexual harassment included ‘such unwelcome sexually determined behaviour, whether directly or by implication, such as: physical contact and advances, a demand or request for sexual favours, sexually coloured remarks, showing pornography, and any other unwelcome physical, verbal or non-verbal conduct of sexual nature
2)you should complain to internal complaint committee (ICC) against sexual harassment being faced by you
3)the employer is bound to conduct an inquiry and punish the guilty
you can also lodge FIR against the culprits under section 354 of IPC
even if you dont have evidence you should complain against your colleagues for making sexual remarks against you
This seems to be a lcassic exampleofsexual harassment which as many connotations ,one of few of which youa re esxperiencing presently.
Since It is done and is likely to continue for sometime it is recommended you break your silence and lodge a complaint.
First lodge a complaint under The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 beofre such Cell or with the DM.
If such cell does not cause enquiry you have the right of approaching the police as well as high court. An offence can be proved by corroborative evidence also and not necessarily by documentary evidence.
1. They may have sexual intentions but unless those intentions translate into an act no offence is made out against them.
2. If, however, a sexual remark is being passed against you then you can surely file a criminal complaint for outraging the modesty of a woman under Section 354 IPC.
move a complaint before S.H.O that whereever i go they follow me nd intentionally send me at those place where noone else their intention is only to catch hold me alone cz whnevr dey follow me they use bad words if so
File a sexual harrassment complaint at your office. They will constitute a committee and investigate the matter.
1) Directly lodge a sexual harassment & mental turtore complaint against your employer.
2) Under the sexual harassment of Women at work place Act, 2013, Section 2 (n) (o).
Respected mam ...
Court and law always work on evidence if you want to prove them guilty you must have to produce sufficient mean of evidence that can prove sexually harassment else there is no benifit to lodge FIR against them ...Mam first record all the activity of all of them and record them in any form such as audio or video clips then your case will be strong ...Mam in straight way to prove them guilty you have to take step forward once you have proff they will be behind the bars ...
Thank you
THE SEXUAL HARASSMENT OF WOMEN AT WORKPLACE
(PREVENTION, PROHIBITION AND REDRESSAL) ACT, 2013 will help you to prefer a complaint. There should be an internal committee through which you can file a complaint under S.9, if no internal committee is constituted, then you can approach the district magistrate who is the district officer and they will forward your complaint to the local complaints committee. Such committees constitute women as chairperson and i am sure your grievance will get redressed. I would advise you to go through the act once to get satisfied about the provisions which would help you in preferring a complaint.
Don't hesitate to file a complaint immediately.
Hello,
1) If you don't have proof of harassment, begin to gather them now. Take into confidence your colleagues who are reliable and can stand by you if situation demands.
2) Place your written complaint/ by email with the BDO or or whoever is the reporting officer of the JT BDO.
3) If the investigation is not properly conducted and the harassment continues, you must lodge a police complaint against the erring officers.
See, firstly, you need to know that if the taking off is odd only for you then you should complain to the police for discriminating against you and they are gone.
And about the sexual remark try to collect some proofs which would help you in future.
You just file a FIR against the persons for sexual harassment stating all your conditions.
Let the reply pleading the innocence.
Yes you can definitely lodge a complaint against them, even if you do not have concrete evidence you may go ahead and lodge a complaint against them, your statement under 161 will be sufficient evidence.
You may also try and collect some evidence, photo, video, call recording which may prove the guilt.
Also, note that you can lodge a complaint before the prescribed authority under the prevention of sexual harassment of women at workplace act.
Regards
There must be a internal committee at your workplace to prevent the sexual harassment of females in yur office.
Move a complaint before the said internal committee.
There must be an internal committee at your workplace to prevent the sexual harassment of females in your office.
Move a complaint before the said internal committee.
Madam,
You should firstly give a written complaint to the management. Also you can mention in your complaint about Sexual advancements of the colleagues.
There is strict law of prevention of women from harassment at work place.
You can move to the authority after you launch complaint in office and thinks donot improve.
Before reply your query , you must know your right :
In April 2013, the Parliament passed the Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act, which has a stronger enforcement mechanism.
The act imposes certain obligations on all employers, to ensure prevention of sexual harassment at workplace. Employers are required to constitute an Internal Complaints Committee (ICC) to deal with cases of sexual harassment at work. Any woman facing sexual harassment can approach the ICC, which is empowered to award certain solutions to the woman.
Further the Committee is required to complete the inquiry within a time period of 90 days. On completion of the inquiry, the report will be sent to the employer or the District Officer, as the case may be; they are mandated to take action on the report within 60 days.
So, as per law "Every employer is required to constitute an Internal Complaints Committee at each office or branch with 10 or more employees. The District Officer is required to constitute a Local Complaints Committee in each district, and--if required--at the block level.
The Complaints Committees have the powers of civil courts for gathering evidence.
The Complaints Committees are required to provide for conciliation before initiating an inquiry if requested by the complainant.
Penalties have been prescribed for employers. Non-compliance with the provisions of the Act shall be punishable with a fine of up to Rs 50,000. Repeated violations may lead to higher penalties and cancellation of license or registration to conduct business
Therefore , you should lodge your complaint against the culprits before the committee of your employer without any further delay , which is your right as per law . No recorded evidence is mandatory for proving the same. Better to give a written complaint after narrating all the happening with you.
Further , If no action taken place, then you can also approach to the police official or SDM of the jurisdiction .
Law of land is with you .
Good Luck and dont forget to positive Rating
1. You are a contractual employee in a Government project and is governed by terms mentioned in your contract..
2. Your activities are governed by the terms mentioned in your employment contract
3. The Jt. BDO is a Govt officer and if he breaches the contractual terms in your case, you can agitate and take legal action on him but you can not demand how many times you should be sent for field visit comparing with other's visits.
4. However, if you feel that there is s*xual harassment meted on you you can take up the matter as per Vishakha guidelines set by Govt. of India to prevent s*xual harassment in working place.
5. Collect evidence of the said s*xual harassment in the form of audio/video recordings and lodge complaint before the Vishakha committe of your office or to the top most official of your said department seeking redressal and justice.
1. You shall have to have grounds for taking legal action.
2. Sending you for field visit more times than that for others is no ground to take legal action against the authorised person.
3. You can certainly take legal action against s*xual harassment as suggested in my earlier post.
1. You shall have to provide evidence in support of the serious complaint to be lodged by you.
2. You can collect the audio/video recording even now onwards with your smart phone and one such evidence will fix the perpetrator.
3. If your allegation is proved to be false and filed for some other purpose to benefit you or to settle score against somebody then he can file a police complaint u/s211 of IPC for lodging false complaint for causing damage to him.
Sexual harassment is defined as unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature when either: The conduct is made as a term or condition of an individual's employment, education, living environment or participation in a University community.
Harassment becomes unlawful when: 1. Enduring the offensive conduct becomes a prerequisite to continued employment, or. 2. The conduct is severe or pervasive enough that a reasonable person would consider the work place intimidating, hostile or abusive.
The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 is a legislative act in India that seeks to protect women from sexual harassment at their place of work.
It talks about the different ways in which someone can be sexually harassed and how they can complain against this kind of behaviour.
The Act gives you a choice between dealing with the offender within the office or approaching a court. If you wish, you can file a criminal complaint instead of approaching your Internal/Local Complaints Committee.
Can i take any legal action against my employer? Or can i take action against sexual remarks?
The Act also covers concepts of 'quid pro quo harassment' and 'hostile work environment' as forms of sexual harassment if it occurs in connection with an act or behaviour of sexual harassment.
Every employer is required to constitute an Internal Complaints Committee at each office or branch with 10 or more employees. The District Officer is required to constitute a Local Complaints Committee at each district, and if required at the block level.
The Committee is required to complete the inquiry within a time period of 90 days. On completion of the inquiry, the report will be sent to the employer or the District Officer, as the case may be, they are mandated to take action on the report within 60 days.
Through the Criminal Law (Amendment) Act, 2013, Section 354 was added to the Indian Penal Code that stipulates what consists of a sexual harassment offence and what the penalties shall be for a man committing such an offence. Penalties range from one to three years imprisonment and/or a fine. Additionally, with sexual harassment being a crime, employers are obligated to report offences
i don't have any recorded evidence against this so that i can prove it. And also there is a huge mental pressure on me, which is also taking toll on my 16 month old baby.
The Sexual Harassment of Women at Workplace (Prevention, Prohibition And Redressal) Act, 2013 makes it illegal to sexually harass women in the workplace. It talks about the different ways in which someone can be sexually harassed and how they can complain against this kind of behaviour.
So you can first make a complaint against the erring officials on the basis of events described in the complaint,. let the committee enquire and find out the facts and prove the charges.