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Sexual Harassment Complaint | Withdrawal under Pressure

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Sexual Harassment Complaints can be filed through email or lodged-in-person or reported-in-writing and submitted by any Aggrieved Woman (employed or not at the concerned workplace establishment under Section-9 of the Sexual Harassment of Woman at Workplace (Prevention, Prohibition & Redressal) Act 2013, duly gazetted on 9th December 2013 for necessary redressal; 

The aforesaid Act also authorizes any other person as illustrated to file her Sexual Harassment Complaint on her behalf for requisite redressal; 

However, cases are neither meager nor unknown where the Aggrieved-Woman-Complainant “applies for withdrawal of her written complaint” filed earlier by herself, contending that now she has made up her mind to not pursue her said complaint, any further and unwilling to proceed with any inquiry into her sexual harassment complaint by the Internal Committee constituted for at the workplace; 

At times, she expresses her unwillingness to proceed with inquiry before the Internal Committee during the Internal Committee’s ongoing proceedings; yet sometimes, the Aggrieved-Woman submits her 2nd Request for withdrawal before her sexual harassment  complaints documents were forwarded by the Employer / Disciplinary Authority, to the concerned Internal Committee to begin redressal proceedings;

Sexual Harassment Complaint Withdrawal Not Permissible:

The Sexual Harassment of Woman at Workplace (Prevention, Prohibition & Redressal) Act 2013, does not allow or permit the withdrawal of the Sexual Harassment Complaint Filed either by the Aggrieved-Woman-Complainant or any other person, whomsoever; and the Employer or the Internal Committee has no authority or discretion whatsoever to consider withdrawal of the sexual harassment complaint Filed, already filed;

Despite full knowledge of the legal locus standi which is well known in all quarters especially well-known by the Employers, internecine attempts are made oftentimes to pressurize the Aggrieved-Woman-Complainant – more so if she is employed at the concerned workplace, to withdraw her said complaint lest unfavorable retaliatory action steps may happen which shall definitely prove detrimental to her employment;

Withdrawal under Pressures: 

Withdrawal of the Sexual Harassment Complaint Filed before for redressal tantamount to: 

  1. Travesty of Justice.
  2. Utter violation of the Sexual Harassment of Woman at Workplace (Prevention, Prohibition & Redressal) Act 2013 also referred to as POSH Act;
  3. Flagrant violation of the constitution of India which    Guarantees, inter alia, women to live life with dignity and honour;
  4. Violation of Universal Human Rights contained in the Convention on the Elimination of all Forms of Discrimination against Women, which has been ratified on the 25th June 1993 by the Sovereign Government of India;
  5. It is Inhumane, illogical, Unethical, Unlawful, Unfair, Unjust, Improper, Uncivilized demotivator, distressing, Inhibitive, perpetually agonizing, Hurtful, Punitive, and whatnot? ;  

Above all the above-stated manipulation to force / compel the Aggrieved-Woman-Complainant amounts to double-jeopardy for already silently suffering hapless and helpless woman;