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Mohd Ubaid (NA)     01 December 2013

Sexual harassment

Hello respected lawyers/gentlemen

One of my friend was s*xually harassed at her workplace in early October, she has been going through a mental trauma ever since it happened, she connected with her HR department and other authorities but nobody is ready to help her, she sent several complaints via email and their HR is saying that since the alleged person has apologized we need to close the matter, she has this conversation on email, alleged person is one of the director in the company and even CEO of the company is keeping mum, they have put her on bench which means she does not have any project to work on and they will eventually terminate/release her in another month, however they should have terminated the director but they are not doing it. She has not filed any complaint yet with the police and she now wants to pursue this matter legally and fight it out.

One of his friend tried to help her and they have put him on bench as well.

Please advise how we should go about pursuing this matter in a way that justice is awarded to my friend.

Thank you - Ubaid!!

9871793393

 



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 12 Replies

Pooja Hegde R. (Advocate)     01 December 2013

File a police complaint against this particular Director accordingly. In case if a company, usually Directors have a share and so maybe he is being given a preference. Sometimes Directors are also appointed Directors but even then the highest management is always given preferencial treatment within an organization. I work with few women organizations and know how difficult it is for your friend. So please take her to a good counsellor.

rahul (director)     01 December 2013

when he apologized, this confirmed his wrong deed.. that apology evidence is enough to prove crime happen,

police complaint will be filed on this director only... no need to mention company ,, the director is indiviually  charged

 

delay also immarterial as she inform the matter to HR same time,

M.A.Khan (head)     01 December 2013

i suggest her to forthwith report the matter to Police or if she can not gather courage then to mail her complaint to police where their email is available on website,

guilty must be punished and this attitude of keeping silence and allowing the culprit to continue with his activities is directly encouraging him to do the same with others for which at a point of time she would realize. the only option and in the interest of society is to file a police complaint without any delay

T. Kalaiselvan, Advocate (Advocate)     01 December 2013

My suggestion is that she may approach some effective women' forum, take their support, approach the Senior superintendent of Police, lodge a complaint with the sr. police officer, have the complaint published in the press, see how fast the action will be taken, as it is they have planned to sack you, donot worry about the repurcursions, bring the culprits on books. 

1 Like

RAKHI BUDHIRAJA ADVOCATE (LAWYER AT BUDHIRAJA & ASSOCIATES SUPREME COURT OF INDIA)     01 December 2013

She should take a legal action and should not leave such a cheap and bad person and don't give him any further chance to tease any other female in any way. He should be punished, whoever that person may be, whatever designation he is having! I can help her. She is most welcome.

Sudhir Kumar, Advocate (Advocate)     01 December 2013

no facts given but it appears there is genuine case which company doe s not want to undertake as the suspect is not ordinary persons (atleast inside company).  P{olice station is the right place to start with and if they take no action move to NCW/SCW

Mohd Ubaid (NA)     02 December 2013

Thank you all for your replies, I wanted to ask

if it is necessary to file a police complaint before approaching NCW or DCW, and how long will it take for this matter to be resolved if we directly approach NCW or DCW?

 

 

mohd mahboob (financial assistant)     02 December 2013

she have to take legal action through media and file case in  human right ,industrial or labour courts as well as criminal courts.BUT your friend must be present evidence . my suggest ,your friend approach labour court as well as criminal courts.All human being have equal right,it may be any gender.

Sudhir Kumar, Advocate (Advocate)     03 December 2013

read vishakha's judgement of Supreme Court.

sripada VRS (LEGAL AND FINANCIAL ADVISOR)     05 December 2013

DEAR FRIEND

You can approach legal aid for women rights commission established each and every state. and also legal aid centers in district (courts premises). don't delay, any loose the job is not criteria. they take care and take action immedietly. you can approach women organisations NGO in this matter for strong and strngthening the matter. this is my opinion.

Mohd Ubaid (NA)     08 December 2013

We have moved to NCW and not filed a complaint with police yet because she is afraid to approach police and would only approach them as a last resort, we have received an auto generated complaint number from NCW last week on Tuesday the 3rd, could you please advise how to get the investigation process expediated so that action can be taken as soon as possible because she has only another 20 days and then they will terminate her and she is the sole bread earner in the family, please and kindly provide detailed advise/instructions.

I was thinking we visit NCW office and ask them to expediate the process and file an affidavit but wanted your advise please.

Thank you 

sripada VRS (LEGAL AND FINANCIAL ADVISOR)     10 December 2013

DEAR Friend,  GOOD IDEA, u approach NCW and request them and tell ur job problem. they solve. otherwise also Human Rights commission for job purpose. they also issue and settle the meaater soon. don't worry law will help u. 


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