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.
The woman may also opt to file a criminal complaint under IPC Section 354A and other relevant sections. The law allows the woman to access remedies under civil and criminal law simultaneously.
Some of the cases being reported are several years old. Up to when can a complaint be reasonably followed up?
The Act provides for a limitation of 90 days for filing of complaints; this may be extended by another 90 days by the Internal Committee if the delay is reasonably explained. In criminal law, there is a limitation period ranging from one year to three years depending on the nature of the offence. There is no limitation period for filing a complaint of rape with the police.
Another factor that needs to be taken into consideration is if, at the time when the sexual harassment was committed, the workplace did not have a redressal mechanism as mandated in 1997 by the Supreme Court (Vishakha) and in 2013 by the Statute, then the non-filing of a complaint cannot be held against the woman.
It is very important that the law must acknowledge the reasons that cause women to suffer in silence, to speak out at times after years, or even decades. In Punita K Sodhi v Union of India and Ors (2010), Delhi High Court held that the concept of limitation may not find relevance in a case of sexual harassment, as sexual harassment ought not to be viewed as a one-time incident, but the impact of sexual harassment must be taken into consideration to understand it as a continuing wrong.