Policy For Prevention Of Sexual Harassment Of Women At Workplace

“No woman shall be subjected to sexual harassment at any workplace.”

Section 3(1) of the Sexual Harassment of Women at Workplace

(Prevention, Prohibition and Redressal) Act, 2013

PURPOSE

As an employer AIIMS, Nagpur intends to provide and promote a safe work place for all the women working in this Institution.

This policy is framed to meet the requirements of the enactment ‘The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act 2013’ (“Act”) and to extend the applicability of the provisions of the Act to all employees of AIIMS, Nagpur

OBJECTIVES

The aim of this Policy is to  promote a social, physical and psychological environment through the following objectives.

• To create awareness among all employees
• To prohibit the unwelcome behaviour that constitutes workplace sexual harassment or acts amounting to> sexual harassment of any employee
• To ensure that all individuals are treated with equal respect and no discriminatory treatment is meted out to anyone on grounds of gender alone
• To provide unbiased yet empathetic redress process

DATE OF COMMENCEMENT AND REVIEW

• The Internal Complaints Committee (ICC) on sexual harassment of women at work place of AIIMS, Nagpur was constituted on 5.10.2018.
• The ICC will be having review once a year hence forth

WHO ARE ALL PROTECTED UNDER THIS ACT?

• All women working or visiting AIIMS, Nagpur, whether in the capacity of regular, temporary, adhoc, or daily wages basis is protected.
• This includes all women whether engaged directly or through an agent including a contractor, with or without the knowledge of the principal employer.
• They may be working for remuneration, on a voluntary basis or otherwise.
• Their terms of employment can be express or implied.
• Further, she could be a co-worker, a contract worker, probationer, trainee, apprentice, and student or called by any other such name.

WHAT IS A WORKPLACE?

A workplace is defined as “any place visited by the employee of AIIMS, Nagpur arising out of or during the course of her employment, including transportation provided by the institute for undertaking such a journey.”

WHAT IS SEXUAL HARASSMENT AT THE WORKPLACE?

“Sexual Harassment” includes anyone or more of the following unwelcome acts or behavior (Whether directly or by implication), namely:

1. Physical contact or advances;

2. A demand or request for sexual favours;

3. Making sexually coloured remarks;

4. Showing pornography;

5. Any other unwelcome physical, verbal or non-verbal conduct of a sexual nature

KEY ELEMENTS OF WORKPLACE SEXUAL HARASSMENT

Key points to remember being:

1. The workplace sexual harassment is sexual, unwelcome
2. The experience is subjective.
3. It is the impact and not the intent that matters
4. It almost always occurs in a matrix of power.

• It is possible that a woman may experience a single instance of sexual harassment or a series of incidents over a period of time.
• Each case is unique and will be examined in its own context and according to the surrounding circumstances.

WHO CAN COMPLAIN?

• The complainant
• In case of physical incapacity by
• • Complainant’s friend
  • Complainant’s relative
  • Co worker
  • Guardian or authority under whom the complaint may be taking treatment
  • Any other person who has the knowledge of the incident with the consent of the complainant

WHAT SHOULD THE COMPLAINT CONTAIN?

• The written complaint should contain a description of each incident(s).
• It should include relevant dates, timings and locations; name of the respondent(s); and the working relationship between the parties.
• The complaint SHOULD NOT be anonymous
• The complaint should be in a sealed cover

WHEN CAN THE COMPLAINANT COMPLAIN?

The submission of complaint to the internal complaints committee (ICC) need to be within 3 months of the last incident of alleged act of sexual harassment.

WHERE CAN THE COMPLAINANT COMPLAIN?

• To Head of the Department / Dean / Director / Internal complaints committee (ICC)
• Sources receiving complaint other than ICC needs to forward the complaint in sealed cover to ICC for further enquiry and process of redress start immediately.

CONSTITUTION OF ICC

WHAT CAN EMPLOYEE/WORKER EXPECT?

Rights of complainant:

• A time bound process, fearless, empathetic process
• A copy of the statement along with all the evidence and a list of witnesses submitted by the respondent
• Information and  person confidentiality
• In case of fear of intimidation from the respondent, recording of complainant statement in absence of the respondent
• Assurance of non-retaliation
• Counselling or other enabling support where needed
• Assistance if the complainant opts for criminal proceedings
• Right to appeal

Rights of respondent:

• A patient hearing to present his case in a non-biased manner
• A copy of the statement along with all the evidence and a list of witnesses submitted by the complainant
• Keeping his identity confidential throughout the process
• Right to appeal in case not satisfied with the recommendations/findings of the Complaints Committee

WHAT IS THE DURATION OF REDRESS PROCESS A COMPLAINANT CAN EXPECT?

An inquiry must be completed within 90 days and a final report submitted to the Employer within ten days thereafter. Such report will also be made available to the concerned parties. The Employer is obliged to act on the recommendations within 60 days. Any person not satisfied with the findings or recommendations of the Complaints Committee or non-implementation of the recommendations, may appeal in an appropriate court or tribunal, as prescribed under the Service Rules or where no such service rules exist, in such manner as may be prescribed.

If the Respondent is found guilty by ICC, the employer shall take appropriate action against the Respondent as per the terms prescribed in the Act and as per the internal policies within 60 days of receipt of Inquiry Report. While taking action against the Respondent, recommendations made by the ICC in its Inquiry Report shall also be taken into consideration.