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Aish Rai   03 October 2021

sexual harassement at work place

My boss asked for s*xual favours , ic committe of org formed by order of NCW gave the order in favour of the boss, police is not lodging fir claming they took legal opinion & it is not in my favour . Now my case is open however NCW is not responding what to do ... (every one is asking for money for taking any action )should i file a case in court feeling helpless its been 2 yr


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 3 Replies

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     03 October 2021

You can file appeal petition in high court. The Delhi High Court has held that the “NCW is not empowered to arrive at any final conclusion on any complaint received by it or to grant any relief
 

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Dr J C Vashista (Advocate)     04 October 2021

Move to the Court of area Magistrate with a complaint.

minakshi bindhani   05 October 2021

As per your concerned query!

After the landmark judgement of Vishaka vs. the State of Rajasthan. The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act 2013 ("the Act") was enacted to protect against s*xual harassment of women at the workplace and for the prevention and redressal of complaints of s*xual harassment and matter connected therewith or incidental thereto.

The Act also provides the circumstances under which an act may amount to s*xual harassment. These are:

(i) implied or explicit promise of preferential treatment in her employment.

(ii) implied or explicit threat of detrimental treatment in her employment.

(iii) implied or explicit threat about her present or future employment status.

(iv) interference with her work or creating an intimidating or offensive or hostile work
environment for her.

(v) humiliating treatment likely to affect her health or safety.
The important feature of the Act is that it envisages the setting up of the Internal Complaints Committee at every office of the organisation or institution, having more than 10 employees, to hear and redress complaints about s*xual harassment. The committee while inquiring into such complaint shall have the same power as vested in a civil court. 

You may directly file a complaint under section 200 Cr. PC before the magistrate.Under Section 509 of the Indian Penal Code or any other relevant provisions of the said Code where applicable.

Hope it clarifies the issues
Regards
Minakshi Bindhani

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