LIVE Online Course on NDPS by Riva Pocha and Adv. Taraq Sayed. Starting from 24th May. Register Now!!
LAW Courses

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

SHRUTI   19 October 2016

Sexual harassment case

If the complainant has lodge FIR with police whether Internal Complaints Committee (ICC) is authorised to conduct parallel investigation in case if no written compliant is lodge with ICC constituted under s*xual harassment of woman at workplace Act 2013


Learning

 7 Replies


(Guest)
Once matter is with police, even ICC comes under scanner regarding not conducting enquiry regarding s*xual harassment. You also will be under scanner if you did not follow protocol. You should be knowing all.this after Vishaka case.

Ms.Usha Kapoor (CEO)     20 October 2016

 In  Vishaka vs., State of Rajasthan  the apex court formulated a series of guidelines  for s*xual harassmnet of women at wpork place including internl compalints committe in every organization whwre more than 1/2 of the coemittee  members should be women for  the benefit of victims like you.Subsequently Sexual HARASSMENT ACT WAS PASSED INCORPORATING THE  SUPREME COUR T GUIDELINES.,  You need to file a compalint befor  ICC as well apart from  police ompalint. As your female colleagues may impartially investigate your compalint and meet out  a disciplinary action against the person who comitted the acts o fs*xul harasment such as transfring him to othe r departments or places or if necessary by dismissing him from service. He mAY BUCLE UNDER PRESSSURE MOUNTED BY YOU  AND  RESIGN ALSO.Your female colleagues  may empathise with you and recommend severe disciplinary action against the person  to the  top Management.. If you appreciate this answer please click the thank you button on this forum.

Pradeep Kumar (Lawyer)     20 October 2016

 If first information reportregistered under the provision of section 509 of Indian Penal Code then in that case internal complaint committee or local complaint committee constituted under the provision of the act cannot send the recommendation to register the FIR under the same provision of law. Therefore in that case only the first information report registered in the police station will be investigated upon and that investigation report will be submitted in the court. Now, the local complaint committee or internal complaint committee has no relevancy after the registration of FIR only if FIR is registered under the provision of section 509 of Indian Penal Code. If the first information report is not registered under the provision of section 509 then in that case internal complaint committee or the local complaint committee has the power to send the recommendation to lodge FIR under the provisions of section 509 of IPC.

Advocate Pradeep Kumar khatana

987-176-5000

 

SHRUTI   20 October 2016

Thank you for your prompt reply. Adv Predeep Kumar Khatana has provided a very accurate answer.

Sudhir Kumar, Advocate (Advocate)     21 October 2016

I may not agree to some views.

 

the employer is not percluded from initiating disciplinary action merely if criminal case is going on.

SHRUTI   21 October 2016

According to section 9 of the said Act a written complaint must be filed with Internal Complaints Committee by the aggrieved woman. And my client have not filed any written complaint with ICC. Hence I needed assistance in this particular question.

Sudhir Kumar, Advocate (Advocate)     28 October 2016

She may file now

Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register  


Related Threads


Loading

Post a Suggestion for LCI Team
Post a Legal Query