• Gender harassment at workplace

I have suffered gender harassment at my workplace about which I had escalated to HR but no action has been taken against the culprit and he has been saved by a part of the management.I have the below questions :

1) Can I file a RTI against my company?
2) Can I file a legal case against the culprit?
3) Is there a time duration within which I should file the case?
Asked 1 year ago in Labour from Kolkata, West Bengal

hello

an RTI application cannot be filed against a Pvt. co. but the guidelines of the SC and the subsequent Act of parliament stipulates that there should be a committee in every co./workplace which should hear complaints against such harassment.

if your co. does not have it, it is in violation of the law.

a legal notice should be sent to the co. which is complicit in this matter and has aided the culprit in not facing the rigors of the law. there is no specific duration but you should file it instantly as the matter is still new and evidence etc can be found.

regards

Rahul Mishra
Advocate, Lucknow
4340 Answers
11 Consultations

5.0 on 5.0

1. No RTI lies against the company.

2. Yes you can file case under section 504, 506, 509 of IPC depending upon the offences committed by him.

3 There is time limit but you must lodge such complaint asap.

As per the Bishkha case guidelines if your organisation has more than 50 employee then constitution of a The Central Internal Complaints Committee as per the provision of Sexual Harassment of Women at Workplace ( Prevention, Prohibition and Redressal) Act, 2013 and the Rules set therein is mandatory.

If it has not made such committee and has not referred your complaint for such inquiry then it is guilty of contempt of court and the Act as well for which necessary actions can be taken against the company as well.

Devajyoti Barman
Advocate, Kolkata
17816 Answers
253 Consultations

5.0 on 5.0

Hello,

Unless it's a govt company you cannot file aN RTI.

You can file a complaint with state women commission.

Regards

Swarupananda Neogi
Advocate, Kolkata
1061 Answers
2 Consultations

4.8 on 5.0

1) RTI won't serve purpose file a FIR against the culprit.

2) Yes criminal complaint can be filed.

3. No there is no time duration but the delay in filing complaint associated itself to validity.

Shubham Jhajharia
Advocate, Ahmedabad
19365 Answers
76 Consultations

5.0 on 5.0

Firslty, Mam, it is very unfortunate that even after the guidelines of the government to make an department in every company to take care of the gender harassment, no one complies it.

Secondly, there is no time boudatiom to file a criminal complian against anyone.

Thirdly, it just that questions been put to you about it’s credibilty I’d get more and more late.

Fourthly, but in your case, everybody would first try to get it resolve from the company end only then a person may think about further.

You can very well, must file a complian.

Good Luck and God Bless You...!

Sanjay Baniwal
Advocate, South Delhi
4895 Answers
11 Consultations

5.0 on 5.0

If it is a private company you cannot lodge rti to get any information regarding your case. You can register complaint in jurisdiction police against culprit and also against HR for shielding the accused. Duration depends on the offence the accused committed its better to lodge complaint at earliest with police.

Swarnarka Chowdhury
Advocate, Mysore
1769 Answers
4 Consultations

5.0 on 5.0

You can file FIR against the accused for sexual harassment at work place

2) if Police refuse to lodge FIR file private complaint before magistrate under section 156(3) of cr pc to direct police to investigate and submit report

3) you can also file complaint with national commission of women

4) you should file complaint within period of 3 months of date of incident

Ajay Sethi
Advocate, Mumbai
66996 Answers
4045 Consultations

5.0 on 5.0

Better you may file a case against the person for his remarks.

Vimlesh Prasad Mishra
Advocate, Lucknow
5511 Answers
18 Consultations

4.9 on 5.0

The answer to your all three questions is Yes but by adopting procedure prescribed:-

1. Apply to the Nodal Officer appointed under the Act with prescribed fees.

2. You may filed an FIR.

3. If there is delay that can be condoned by giving satisfactory grounds, no bar.

Koshal Kumar Vatsa
Advocate, Gurgaon
1777 Answers
1 Consultation

5.0 on 5.0

You can always file a RTI against your company, but the same will be of no help. Instead, you should immediately file a complaint against the culprit giving details as to how the management of your company is shielding the culprit. There is no limitation to file a criminal complaint, However, if the complaint is filed after a considerable period, a question may be raised as to the veracity of the complaint itself.

Gunjan Shah
Advocate, Kolkata
16 Answers

Not rated

1. You cannot file an RTI against a private company.

2. If by stating gender harassment you mean discrimination on the ground of gender, then the case is different. If you mean to say you have been sexually harassed or threatened or any other form of harassment that leads to an offence then you can lodge an FIR against the accused.

3. There no such time fixed. However it is always advised that sooner you take some action, the better it becomes for your case.

Shailesh Poddar
Advocate, Delhi
48 Answers

5.0 on 5.0

Dear Client,

Are u male or female ?

RTI act dose not apply to private organizations.

If you are girl, file for molestation.

As soon you will file, good for you.

Yogendra Singh Rajawat
Advocate, Jaipur
13251 Answers
18 Consultations

4.6 on 5.0

1. yes you can file a case against the company and against the employee.

2. It will be good if you file the case at the earliest.

Regards

Anilesh Tewari
Advocate, New Delhi
16920 Answers
259 Consultations

5.0 on 5.0

If your company is a private organisation then it may not be covered under RTI act

If you have evidence for his crimes you can very well approach police with a criminal complaint for action against the culprit.

No doubt there is no time limit however, you may act swiftly without inordinate delay.

T Kalaiselvan
Advocate, Vellore
56740 Answers
705 Consultations

5.0 on 5.0

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