Rose has been employed at SunGenDen Private Limited since July 2016, with Mathew serving as her reporting manager. Over the years, Mathew has expressed his romantic interest in Rose by repeatedly asking her out on dates. Despite Rose’s polite rejections, Mathew’s advances have not stopped. On August 5, 2019, Mathew, frustrated by Rose’s continual refusals, sexually assaulted her in the office factory.
For over 4 years, Rose has remained silent due to the fear of being seen as a victim and her issues being known through the office. Rose, like many others was reluctant to speak up owning to the stigma attached to sexual harassment. Aware of her reluctance to speak up, Mathew has taken advantage of the situation and never apologised to her and continued finding different ways to create an uncomfortable situation around her.
One day, Rose confides in her colleague Smitha about this who then persuades Rose to file a sexual harassment complaint with the company’s internal committee against Mathew. However, Rose hesitates, believing that a lot of time has passed since the date of the incident and she also feels nobody will believe her if she brings this up now after so many years.
To which, Smitha tells Rose not to worry and also assures her that she will do some research to deal with this situation. While doing her research, she reads about the recent landmark judgement of the Madras High Court where the court emphasised on the broader implications of timely reporting under the PoSH Act. Despite the petitioner’s contention that the complaint was lodged four years after the alleged incident, the court highlighted the profound impact of severe harassment, calling it to be a “continuing offence” which persists until the situation is rectified or brought to the attention of appropriate authorities.
Smitha further understands that in cases of severe harassment, we should not be bound by the three-month reporting deadline, recognizing the continuous mental anguish and fear of further victimisation that often delays reporting and had lead the court to reject the Petitioner’s argument that the complaint was time-barred under Section 9 of the PoSH Act. In this particular case, while upholding the validity of the delayed complaint, the court agreed with petitioner’s claim that he was denied natural justice, as he was not given an opportunity to cross-examine the victim and the witnesses. The case was referred back to the Internal Committee (IC) for a new report, allowing the petitioner to cross-examine the witnesses under protective measures.
After hearing what Smitha has found, Rose gathers the courage to file a complaint with SunGenDen’s Internal Committee, attaching the latest judgement along with her written complaint. The presiding officer of the committee appreciates Rose for taking this brave step and reassures her that the Internal Committee will handle the matter with utmost care and diligence.Â
The presiding officer further explains the measures that will be taken to support Rose:
- Confidentiality: All details of the case will be kept confidential to protect Rose’s privacy
- Interim Protection: Necessary interim measures will be provided to ensure Rose’s safety during the course of the investigation
- Retaliation: Rose will be protected from any form of retaliation from Mathew for filing the complaint
By standing up and filing the complaint, Rose has taken a critical step towards justice and accountability, not only for herself but also for others who may be suffering in silence. By helping Rose on time, Smitha has been an active bystander and has shown how proactive intervention can make a difference.
Their courage paves the way for a safer and more respectful workplace environment at SunGenDen.