If a complaint of sexual abuse be raised in any government or private owned institution or NGO, the complainant should be advised that, if what happened was what could be considered a criminal abuse (ranging from 509 of the IPC to any kind of abuse), the matter may be brought before the law, and the petitioner may file a complaint in a police station of jurisdiction.
Alternately, if the petitioner so chooses, the issue could be dealt under the provisions of "The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act 2013". Then the employer should constitute an "Internal Complaints Committee" to investigate into the matter. The committee will have the powers of a civil court as under the Code of Civil Procedures 1908, including powers to summon people and examine them on oath, and examine documentary evidences. The committee should conduct only a primary investigation into the matter, so as to ascertain if there is a case 'prima-facia'. Both the petitioner as well as the accused should be heard separately (more than once if necessary). The committee members should correlate these separate accounts to ascertain the truth. They should get a clear picture of what happened, but should go only into those details which are necessary to ascertain whether an abuse might have happened or not. And if the committee reaches a conclusion that such an abuse 'might' indeed have happened, then the case should be referred to the police station of jurisdiction within 7 days of completion of the enquiry.
The investigation should go into as may details in the case as necessary as to make sure that none of the parties are wronged, but only enough to establish a prima facia case. The people involved should realize that this committee won't have the power to judge the case, neither to punish the accused. A conviction will be made only in a court of law.
The format of the committee is explained in detailed in the law. In short, it should have at least 4 members, 2 of whom should be from within the organization. The 2 members from outside the organization should be knowledgeable either in law or social work. At least half of the members should be women including the presiding member.
The investigation should go into as may details in the case as necessary as to make sure that none of the parties are wronged, but only enough to establish a prima facia case. The people involved should realize that this committee won't have the power to judge the case, neither to punish the accused. A conviction will be made only in a court of law.
The format of the committee is explained in detailed in the law. In short, it should have at least 4 members, 2 of whom should be from within the organization. The 2 members from outside the organization should be knowledgeable either in law or social work. At least half of the members should be women including the presiding member.
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