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aandavan adimai (consultant)     15 December 2013

Sexual harassment

I faced s*xual harassment in my workplace(software company)  from a big gang of coemployees,and the gang was led by two senior(mastermind) executives. On my complaint an Internal complaints committee (ICC) was formed.I had identified the masterminds in 12 emails to management. The ICC terminated the services of 3 other people of the gang and I was told that no action could be taken on two masterminds though found guilty as they had resigned. Actually the two masterminds were in service even a few days after the ICC hearing.
 
Very evidently, management and ICC did partially act and allowed a free walk for the masterminds. The crime by the two and those terminated remain same. So the management and ICC should have terminated the services of the two masterminds.
 
Is not Management and ICC responsible for not having punished the two masterminds? Is not there any punishment for ICC and management for willfully allowing free walk for the two masterminds? Whom should we complain about this injustice to the victim?
 
  


Learning

 3 Replies

Siddharth (Business)     16 December 2013

I draw from your story that a "big gang of employees" s*xually harrased a staffer sytematically over a period of time. 

 

Conclusions drawn from story

(1) What is Big Gang?

Ans: Atleast 5 People including 2 Senior Executives.

(2) What is social profile of accused?

Ans: 2 Senior Executives (Presumably Middle Aged and Married) with good social standng and others.

(3) Crime as described by plaintiff?

Ans. 'Planned' by 2 senior executives, who're mastermind in crime. 

 

Just by looking at the face value of this case, any criminal lawyer will tell you that it's bogus. This story is either false or you're hiding big chunks. Sexual Harrasment is crime that's committed as a result of obsessive behaviour of an individual. It's not a group crime. It's never planned since no tangible benefits. 

 

Your ICC, so called complaint committe comprises of bunch of amateur HR Professions, who in frenzy of taking action terminated services of few employees.

 

In court you'll find guys who're expert in Criminal Psycology. Who in a matter of minutes with cross-questioning can reveal truth, since they have been doing it for ages. Best advice for you is to keep your case to yourself. Or else even with just a legal notice your can cajole your employer to pay 6 months compensation while separation on lieu of signing indemnity. But in court this case will fail miserably and you'll be booked under sec 500 IPC/sec 313 Cr.P.C.

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     16 December 2013

file a complaint before police regarding the incident. they will be booked under section 354 of IPC or another sections. feel free to call

Q Slinger (NA)     16 December 2013

Agree with Siddarth 100%. 

AA, your stories has too many holes and looks like you are out to take advantage of a law that is specifically made to protect women from s*xual harassment. From the looks of it, you want to take advantage to get them fired because of your inadequacies.  I hope they see your motives and fire you immediately.


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