SEXUAL HARASSMENT COMMITTEE OF WOMEN AT WORKPALCE

Aadeshwar Academy Narayanpur is running under the aegis of Mange Shri Shreyanshnath Education Society Narayanpur (Regd.). It is a co-educational School. As per the provisions of Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal ) Act 2013, it is obligatory for the school to constitute a Sexual Harassment Committee for female employees in the school.

The present members of the complaints committee to deal with the complaints of sexual harassment in accordance with the guidelines laid down by the Supreme Court of India and the Act mentioned in Para 1 above relating to sexual harassment of women workers at work places.

MEMBER OF THE COMMITTEE
POSITIONNAMECONTACT
CHAIRPERSONMR.PAWAN JAIN (CHAIRMAN)9406341444
MEMBERMR. MANISH RAJPUT (PRINCIPAL)9425518385
MEMBERMS. CHANDANA NATH (TEACHER)9424287181
MEMBERMS. ARTI THAKUR (TEACHER)7587375006
MEMBERMS. ANAPAMA DAS (TEACHER)7587364956



PREVENTION OF SEXUAL HARASSMENT OF WOMEN AT WORKPALCE

Overview

Indian employers, akin to their global peers, are increasingly realizing the importance of a safe and amicable work-place-for all sexes. This requires a conscious policy directive aimed at preventing workplace harassment instances coupled with an institutional mechanism for redressal of complaints in a quick, transparent and just manner. This article provides an overview of the  Indian law on prevention of sexual harassment at workplace and seats out to share some “best practices” towards mitigating risk of non-compliance and making the workplace environment conducive to all employees.


Objectives of the committee

  1. Prevent discrimination and sexual harassment against women employees and girls students by promoting gender equity among them.
  2. Make recommendations to the Chairperson for changes / elaborations in the Rules for students and employeesto make them gender just and to lay down procedures for the prohibition resolution, settlement and prosecution of acts of discrimination and sexual harassment against women, by the students and the employees.
  3. Deal with cases of discrimination and sexual harassment against women, in a time bound manner, aiming at ensuring support services to the victimized and termination of the harassment.
  4. Recommend appropriate punitive action against the guilty party to the Chairperson.
  5. Organise orientation programmes for women employees and girl students to sensitize to be proactive to deal with such discrimination, if any.

Procedure for Filing Complaints

Complaint may be oral, by email (southpointworld@gmail.com) or in writing. If the complaint is oral, it will be converted into a written from by the Sexual Harassment Committee member who received the complaint and authenticated by the complaint under his/her signature as soon as possible.

Upon receipt of complaint by any member of committee, the member should forward it to aadeshwarnpur@gmail.com. The grieved one may also lodge her complaint directly on the given e-mail. Moreover, the compliant can also be lodge telephonically to the mobile Nos of the Chairperson and members of the committee.


Following will also be treated as sexual harassment and are covered by the committee

  1. Eve-teasing.
  2. Unsavory remarks.
  3. Jokes causing or likely to cause awkwardness or embarrassment.
  4. Innuendos and taunts.
  5. Gender based insults or sexist remarks.
  6. Unwelcome sexual overtone in any manner such as over telephone (obnoxious telephone calls) and the like.
  7. Touching or brushing against any part of the  body and like.
  8. Displaying pornographic or other offensive or derogatory picture, cartoons, pamphlets of saying.
  9. Forcible physical touch or molestation.
  10. Physical confinement against one’s will and other act likely to violate one’s privacy.

Decision and Action

Once the investigation is completed, a determination will be made regarding the validity of the harassment allegation. If it is determined that harassment has occurred ; prompt, remedial action will be taken. The committee members will share the investigation details and findings there of with the appropriate functional head and agree on the applicable disciplinary action. This may include some of all of the following

  1. the case of academic/ administrative/technical /non teaching staff / management, disciplinary action could be in the form of one or more of the following
    1. Warning.
    2. Written apology.
    3. Adverse remarks in the Confidential Report.
    4. Debarring from supervisory duties.
    5. Denial of re-employment.
    6. Stopping of increments/promotion.
    7. Reverting, demotion.
    8. Dismissal.
    9. Any other relevant mechanism.
  2. case of students, disciplinary action could be in the form of
    1. Warning.
    2. Written apology.
    3. Withholding result.
    4. Debarring from exams.
    5. Debarring from holding posts.
    6. Expulsion.
    7. Denial of admission.
    8. Any other relevant mechanism.

Prevention through Policy –Redressal through Committee

To achieve the aforementioned objectives of prevention and redressal of sexual harassment complaints, the Act mandates employers to, inter-alia, formulate a policy against harassment (“Policy”) and constitute a body to administer the policy. All employers, irrespective of the number of employees, are mandated toadopt a policy against sexual harassment at workplace. It is worthwhile to note here that although the Act extends protection only to women employees, employers are at liberty to keep it gender neutral (i.e. by extending protection to all employees.) Under the Act, an employer of a “workplace” which employs 10(ten) or more than 10(ten) employees is required to constitute an ‘internal complaints committee’ (“ICC”) Complaints in “workshplaces” with less than 10 (en) employees are required to be taken up at a local complaints committees (‘LCC’) that are set up the local area administration. The Policy document seats out the organization’s intent in discouraging harassment and disseminates the rights of employess.

Any aggrieved women may approach the ICC with her complaint either directly or through her relative/co-worker/friend, etc. The employer, albeit through the ICC, will be mandated to conduct an impartial and independent inquiry and provide its findings to the basis of our experience in assisting organizations in effectively implementing the Act, we have collated a list of some the best practices in complying with the Act

  • All complaints, irrespective of complainants, are equally important:

    The Act does not distinguish between employees whether employed directly or indirectly , and neither should the employer.

    Complaints from complainants who are hired through contractors should be treated at par with any other complaint. Similarly, complaints against senior management should be kept devoid of undue influence.

  • Keep it approachable:

    Take measures to ensure that aggrieved employess do not face emotional or logistical impediment in approaching the ICC. Build confidence, increase awareness, sensitise employees the workplace is no longer be an all boys’ club.

  • Act swiftly and impartially:

    Avoid delays. Initiate action promptly. The employer must ensure complete transparency and impartiality while appointing members to the ICC. In turn, the ICC should maintain impartiality in their functioning.

  • Confidentiality:

    Privacy has recently been recognized as a fundamental right of Indian citizens, Ergo, employers must also act in a manner to upload the individual right. Employers (and the ICC) should ensure that information related to a complaint  (including the identity of complainant/details of the complaint) is not disclosed to the public, press or media in any manner. Of course, the relevant carveouts regarding disclosures pursuant to judicial requirements apply.


Conclusion

Recent instances at both international as well as domestic level, have brought the systemic problem of sexual harassment at workplace to the forefront. Stakeholders, at all levels, from the shop-floor to boardroom and up to the investors, should be sensitised of the importance of an equitable workplace. In our view, the Act will be instrumental in providing a safe working environment for women employees and is equipped to ensure that Indian employers lead the way, globally, in a safe work environment. The positive correlation between lower levels of harassment and higher job satisfaction amongst employees is axiomatic, and a definite win-win for stakeholders.