Evidences required to prove the case of sexual harassment of
Anita Jha
(Querist) 28 September 2015
This query is : Resolved
I'm a lady niyojit teacher in district Araria, Bihar. I've long been harassed by my Incharge who is also a niyojit teacher like me. With money he embezzles of the mid-day meal he manages the local officer and using my surname name "Jha" he creates political feelings among illiterate parents to turn them to his favour. Under such situation, how to prove the case of sexual harassment of women at work place? Can I take shelter of the court? If yes, which court do I need to go to? Please help.
SAINATH DEVALLA
(Expert) 28 September 2015
But the grounds U mentioned do not contain sexual harassment.Clarify
R.K Nanda
(Expert) 28 September 2015
it is not a case of sexual harassment.
K.S.Srinivas
(Expert) 28 September 2015
Your case does not fall under the category of sexual harassment.
However, under misrepresentation of facts, you may file a petition before the authorities concerned.
SAINATH DEVALLA
(Expert) 28 September 2015
Better bring the matter to the higher up's to stop the nuisance.Be sure that U have evidences to prove his acts.
Rajendra K Goyal
(Expert) 28 September 2015
Inform higher officials regarding embezzlement in mid day meal. Some of your relative may use RTI to get information.
Anita Jha
(Querist) 30 September 2015
Elaboration: 1) I am next to Incharge in seniority. However, he gives charge to the junior when he is on leave. He thus humiliates me.
2) He hurtingly taunts about my sex. I made a written complaint to Block Education Officer on 15/9. He too made a counter complaint to BEO on 17/9. Without waiting for the disposal of the complaint, the Incharge called some villagers and got me ragged for two hours.
3) I told about it to the BEO. Nothing has been done till date.
4) One of my relatives has sought certain information about the school under RTI to collect evidence but no response has been given, even the RTI application was forwarded by DM office Araria district & also by DEO.
What to do under above circumstances?
Please help.
Sudhir Kumar, Advocate
(Expert) 30 September 2015
So hiding the facts in earlier post you deprived yourself of the considered advise.
Sudhir Kumar, Advocate
(Expert) 30 September 2015
you said
"He hurtingly taunts about my sex"
please see if the wording fall within the ambit of the Govt instructions on sexual harassment at workplace.
If so then complain to the SWC.
Sudhir Kumar, Advocate
(Expert) 30 September 2015
"4) One of my relatives has sought certain information about the school under RTI to collect evidence but no response has been given, even the RTI application was forwarded by DM office Araria district & also by DEO."
What happened to the RTI application.
Kumar Doab
(Expert) 30 September 2015
Record his conduct(audio/visual)/keep evidences/witnesses.
Secure the memory card and once you have secured lodge complaint based on irrefutable evidence.
It is election time in your state and you can expect support from your community leaders too.
SAINATH DEVALLA
(Expert) 30 September 2015
Now I will come directly to the point,has he made any physical advancement towards U,like molestation etc.clarify.
Sudhir Kumar, Advocate
(Expert) 01 October 2015
you are not specific on the issue.
I will add to the post of Mr Devalla
even vulgar working or double meaning wording or jextures also amount to sexual harassment and facts given by you do not indicate any such fact.
Anita Jha
(Querist) 01 October 2015
Latest development: As stated earlier, I had made a complaint against my Incharge on 15/9/2015 while my Incharge along with other teachers had made a counter complaint against me to the same Block Education Officer on 17/09/15. The B.E.O.has served two different letters for explanation: 1) In one letter I have been accused of treating teachers of SC/STcommunity with contempt & 2) in another letter I have been accused of doing of my own will & working against the quality education.But, I have not been supplied with the xerox copy of the original complaint.
My relative, on not getting response under RTI , is appealing to the First Appellate for collecting evidence.
Meanwhile I am being badly targeted. I have to reply within three days.
1) Can I write to The B.E.O. to supply me the certified xerox copy of the original complaint against me before I reply to the explanation served to me.
2) What course of defence need I take to counter the above two false allegations?
Please advice.
Kumar Doab
(Expert) 01 October 2015
Approach an able Labor Law/Service Matters Lawyer/Law firm specializing in such matters and arrange for help of a defense assistant.
