Section 9 of The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013
- (1)Any aggrieved woman may make, in writing, a complaint of sexual harassment at workplace to the Internal Committee if so constituted, or the Local Committee, in case it is not so constituted, within a period of three months from the date of incident and in case of a series of incidents, within a period of three months from the date of last incident: Provided that where such complaint cannot be made in writing, the Presiding Officer or any Member of the Internal Committee or the Chairperson or any Member of the Local Committee, as the case may be, shall render all reasonable assistance to the woman for making the complaint in writing: Provided further that the Internal Committee or, as the case may be, the Local Committee may, for the reasons to be recorded in writing, extend the time limit not exceeding three months , if it is satisfied that the circumstances were such which prevented the woman from filing a complaint within the said period.
- (2)Where the aggrieved woman is unable to make a complaint on account of her physical or mental incapacity or death or otherwise, her legal heir or such other person as may be prescribed may make a complaint under this section.
Summary
- An aggrieved woman can file a written complaint of sexual harassment to the Internal Committee or the Local Committee, depending on which one is constituted.
- The complaint must be filed within three months of the incident, or within three months of the final incident if there was a series of incidents.
- If the woman cannot write the complaint herself, committee members must give her reasonable help to put the complaint in writing.
- The committee can extend the filing deadline by up to another three months if they are satisfied that special circumstances kept her from filing in time.
- The committee must record its reasons in writing whenever it grants an extension of the filing deadline.
- If the woman cannot make the complaint due to physical or mental illness, death, or other reasons, her legal heir or a prescribed person can file it on her behalf.
Practical examples
FAQ
1. What is the time limit to file a sexual harassment complaint under the 2013 Act?
Under Section 9 of the Sexual Harassment of Women at Workplace Act, 2013, an aggrieved woman must file her complaint in writing within three months from the date of the incident, or within three months from the last incident if there was a series of incidents.
2. Can the three-month deadline for filing a complaint be extended under the law?
Under Section 9 of the Sexual Harassment of Women at Workplace Act, 2013, the Internal Committee or Local Committee can extend the deadline by up to another three months, provided they record the reasons for the extension in writing and are satisfied that circumstances prevented the woman from filing earlier.
3. Who can assist a woman who is unable to write a complaint under the Act?
Under Section 9 of the Sexual Harassment of Women at Workplace Act, 2013, the Presiding Officer or any member of the Internal Committee, or the Chairperson or any member of the Local Committee, must provide all reasonable assistance to help the woman make the complaint in writing.
4. Can someone else file a complaint on behalf of the victim under the law?
Under Section 9 of the Sexual Harassment of Women at Workplace Act, 2013, if the woman is unable to make a complaint due to physical or mental incapacity, death, or otherwise, her legal heir or any other prescribed person can file the complaint on her behalf.
Test yourself
Q1.Under Section 9 of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, what is the standard time limit for filing a complaint after a single incident?
Q2.Under Section 9 of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, what is the maximum duration of the extension that a committee can grant for filing a complaint?
Q3.Under Section 9 of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, if there is a series of incidents of sexual harassment, when does the three-month limitation period begin?
Q4.Under Section 9 of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, what is a mandatory requirement for the committee when granting a time extension?
Q5.Under Section 9 of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, who is legally permitted to make a complaint if the aggrieved woman is unable to do so due to her physical incapacity?