Sexual harassment

There are two ways in which you can proceed. Agree to whatever the Company says and get a good certificate. It should be such a certificate that they should not be able to go back on it. Join another good company and forget the past.

Second option is "fight". Women's commission or a good women's NGO should be able to help you. They will advise you what are your legal rights and how you can go about it. You can file an FIR with the police. Generally the police will prevaricate on filing FIR. But if the women's organisation intervenes the police will act. Who is your lawyer at present. Is it a lady or a male. The women's organisation will help you to get a competent lawyer.  I warn you that the fight can be long and arduous. Is your complaint of harassment against a particular person or are there more than one person? Is the person high up in the hierarchy  or was he approximately at the same level as you?  In which place are you and in which place is the Company? In what business is the Company engaged?

Please note that I do not recommend any particular option. But the two options are mutually exclusive. You have to make the choice.

Dr. Ramani, 

To answer your question, I agree I have 2 options. But since signing that undertaking was not acceptable to me, I sent a legal notice. So, I do not know if that option is still on..To answer your other questions-I had complained about this person who was at the same level as me, but in age, older than me. Boss did not take any action, infact he told few others in the team and people would come and ask me the reason for my complaint. After that I avoided this person religiously and I could do so because he was not in my sub-group.. Recently, boss put me in the same project with him, project location being Patna..I clearly voiced my displeasure but I was assured by my team leader that I would not travel alone during official trips..And when the time came for travel, I was misled into reporting to Patna alone, because despite planned, the team leader did not turn up and neither did he feel important to tell and inform me. The perpetrator again harassed me at Patna and when I complained to my Boss, he said, I want to as it is take action against him since he is a non-performer, so you send me an email, which I will use at the right time to sack him.. After hearing this, I was convinced that I am not safe here and neither is my Boss willing to take any concrete action..hence I removed myself from the situation and resigned....Maybe that person would have been more important to the Boss, and so he tried to protect him.. I only was wanting some resolution to my problem, since this issue arised at the workplace..

The Company is engaged in Financial services at Mumbai...

In this entire episode, I feel that if the Boss had taken appropriate action after my first complaint, the issue would not have escalated so much..If people are told that such things will not be tolerated in the Company, then they also behave..But I have worked in other firms too but have seen such cases to be dealt on priority and sensitively...Anyway, I do not have anything against them, all I want is my paper work and pending salary...In fact, you will not believe, I had told HR that give me proper salary slips, because my salary slips show zero salary, so that I will not face any problem with my next employer...But they did not agree..I am so surprised that being the HR manager, he kept pressurizing me to change the reason of the resignation..

You can still withdraw the lawyer notice and go for reconciliation. But you must be extremely careful. Your former employer may trap you. There cannot be a single word or single sentence advice for you.

But remember your former employer is also afraid of any action that you may take. Who is your lawyer, a male or female?  Has he/she got any specialization in any particular law?  There are many Government and non-Government women's organisations in Mumbai. You can try to get their help or guidance even if you do not want to fight. Do you know about the State Women's Commission? There are also many NGO's who can help. Some of their active members are with SNDT University.

Dr. Ramani,

I am trying for reconciliation through a mediator..We had a meeting too, and you know they sent few girls to do my character assasination..Anyway, I also put across all my points and countered them...Lets see, how it goes ahead, will surely keep you posted..

But what can be the trap, pls pls let me know so that I can be alert..My lawyer is a female, she has handled such cases and she also handles labour cases...Sir, you wont believe, I did approach a Women Association, they were too afraid to contact these people, cuz apparently they think corporates have a lot of clout...I know about State Women Commission, but I did not go there...I did not find any other NGOs, if you have reference, please provide..

Thanks for all your valuable suggestions.. :)

Dear All,

I had a query. When I sent the legal notice, the Company denied having received it. Then I sent it through email but still they did not reply. In such a case, if the party who sent it wants an an out of court settlement, then what should be the next course of action. Should a reminder be sent? Someone suggested, you should send a reminder and then approach the police and file an FIR. But does the police have the powers to resolve money/ salary matters?

Pls reply.

The trap is like this.

They want to suppress the fact of s*xual harassment. Probably in your resignation letter you had mentioned about the s*xual harassment. So they want you to give another resignation letter which will not contain anything against them.

You want action to be taken against your tormentor. ( Probably you are willing to forego that).

You want your arrears of salary as well as other dues.

You want a clean letter of acceptance of resignation.

They should not tarnish your image in any manner, which, among other things, may affect your job opportunities and career advancement.

It can happen that you may given them all they wanted. Once they have got them they may not give you what you wanted. That is the trap.

The reasons for my such a feeling are:

You say that your tormentor is approximately of your own level. If so why should the Company behave in this manner? The least that they could have done was to call that fellow and warn him. However able he may be, he cannot be that important that they could not do without him. He may be related to somebody in the organisation or to some politician or a high Government official.

If the Women's organisation is so much afraid, why are they there at all?  There are several organisations which are bold enough. Only thing is you have to search and find out. Another body, that can help, is the PUCL. Ms. Teestha Setalvad is an important member there. But she may be in Ahmedabad.

You can also take action against the person on an individual basis. If you make a complaint the police have to file an FIR. But they will not do it unless pressure is brought on them.

Hi Sir,

Wish you a happie diwali. My issue is settled with the Company. I took political help.

I am very happy to hear. You will have a really Happy Diwali. Wishes for a Happy Diwali from my side also.