Sexual harassment at work: Victim must not be required to complaint at department of abuser

NEW DELHI: The Supreme Court has ruled that in case of sexual harassment at work, it is not mandatory for an employee to file a complaint in the department where the accused works. The court was clarifying the procedures to be followed while implementing the Prevention of Sexual Harassment (PoSH) Act, which aims to prevent sexual harassment at workplaces.

A complaint can be filed in the department of the employee who harassed. The Internal Complaints Committee (ICC) can initiate an investigation in this. Apart from that, the employee can also complain in the department where they work and the websites that the accused regularly visits. A bench of Justices JK Maheshwari and Vijay Bishnoi ordered that the ICC can initiate an investigation in this too.

The court observed that forcing victims of abuse to file complaints within the abuser's department or system causes immense mental distress to the victim. The court was considering the case of an IAS officer who alleged that an IRS officer sexually harassed her at work. She filed a complaint in her own department but it was not considered. The victim approached the Supreme Court after facing setbacks in the Central Administrative Tribunal and the Delhi High Court.