You may file a complaint to the Internal Complaints Committee of your company, set up under Section 4 of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013. During pendency of the inquiry into your complaint, you may seek protection in the form of transfer, leave or other relief so that you would not be harassed merely because you have made a complaint (this is permissible under the above Act). Various duties have been cast on the Employer (the company in your case) under the said Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act.
Depending on the nature of acts of committed by your senior manager, offences under Indian Penal Code may also have been committed, including Section 509, 354-D of IPC, or may be other offences also. Therefore, you may also report to the police, if so.
It is true that sometimes one may feel insecure merely by the feeling of giving a complaint against one’s senior. But, given the present laws that protect a woman’s interests, perhaps you may be more secure if you file a written complaint against the person responsible even if he is your senior. Also seek protection after giving complaint. Keep copies of all complaints given, with acknowledgements.
If possible, you may record audio / video of the attempts to harass you by your mobile phone, which may act as proof in support of your complaint.
Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.
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