POLICY AGAINST SEXUAL HARASSMENT AT THE WORKPLACE —
DYAL SINGH LIBRARY TRUST SOCIETY
1. OBJECTIVE
1.1.
Dyal Singh Library Trust Society (the “Organisation”) strives to provide a professional work environment free of sexual harassment, exploitation and intimidation. The Organisation also believes that all Employees (as defined hereinafter) and Third Party Associates (as defined hereinafter) have a right to be treated with dignity and respect, and a right against unfair discrimination at the Workplace.
1.2.
The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (the “Act”) has made it mandatory for every employer at a Workplace as defined under Section 2(o) of the Act to formulate a policy against sexual harassment to address all incidences of sexual harassment that may arise at the Workplace.
2. APPLICABILITY
2.1.
This policy on prevention of sexual harassment at the Workplace (the “Policy”) shall be applicable to all Employees of the Organisation as defined in Section 2(f) of the Act which is a person employed at a Workplace for any work on regular, temporary, ad hoc or daily wage basis, either directly or through an agent, including a contractor, with or, without the knowledge of the principal employer, whether for remuneration or not, or working on a voluntary basis or otherwise, whether the terms of employment are express or implied, and includes a co-worker, a contract worker, probationer, trainee, apprentice or called by any such name (the “Employees”). It also applies to all vendor employees, off-roll employees, trainees, interns, consultants and other associates of the Organisation (the “Third Party Associates”).
2.2.
The Policy shall apply to all allegations of Sexual Harassment (as defined hereinafter) by an Employee against another Employee or a Third Party Associate, and vice versa, occurring (i) within the premises of the Organisation; (ii) where the Complainant (as defined hereinafter) is an Employee, any premises where the Employee is present in the course of discharging her duties of employment; and (iii) where the Complainant is a Third Party Associate, any premises where such Third Party Associate is present in the course of discharging its contractual obligations to the Organisation. The Policy shall apply to all business-related activities of the Organisation and shall include, but is not limited to, work related functions such as team events, client dinners, award functions, Organisational celebrations, business trips, off-site meetings and conferences etc., (the “Workplace”).
3. DEFINITION OF SEXUAL HARASSMENT
3.1.
“Sexual Harassment” includes any unwelcome sexually determined behaviour/conduct (whether directly or by implication) such as:
3.1.1. physical contact and advances;
3.1.2. a demand or request for sexual favours;
3.1.3. sexually-coloured remarks;
3.1.4. showing pornography; or
3.1.5. any other unwelcome physical, verbal or non-verbal conduct of a sexual nature.
3.2.
The following specific scenarios shall be considered sexual harassment at the workplace if occurred or are present in relation to or connected with any act or behavior of Sexual Harassment:
3.2.1. Implied or explicit promise of preferential treatment in employment;
3.2.2. Implied or explicit threat of detrimental treatment in employment;
3.2.3. Implied or explicit threat about present or future employment;
3.2.4. Interference with work or creating an intimidating or offensive or hostile work environment; or
3.2.5. Humiliating treatment likely to affect health or safety.
3.3.
Examples of actions of Sexual Harassment include, but are not limited to the following:
3.3.1. Unwelcome sexual advances
These include patting, pinching, brushing up against, winking, hugging, kissing, fondling, or any other similar physical contact considered unwelcome.
3.3.2. Requests for demands for sexual favours
These include subtle or blatant pressures or requests for any type of sexual favours accompanied by an implied or stated promise of preferential treatment or negative consequence concerning an individual’s employment status.
3.3.3. Sexually-coloured remarks
These include verbal abuse or joking that is of a sexual nature and considered unwelcome or offensive by another individual. For example, comments about an individual’s body or appearance where such comments are beyond mere courtesy, cracking of offensive jokes, sexually-oriented comments, innuendoes whether in person or through electronic / social media (WhatsApp, text messaging, email, Facebook etc.) or any other actions that offend others.
3.4.
General
3.4.1. In addition to the above, determining what constitutes Sexual Harassment depends upon the facts and the context in which the conduct occurs. Sexual Harassment may take many forms - subtle and indirect, or blatant and overt.
3.4.1.1. It may be committed by a man or a woman (“Respondent”), against a woman (Aggrieved Woman/ Complainant);
3.4.1.2. It may occur between peers or between individuals in a hierarchical relationship;
3.4.1.3. It may be aimed at coercing an individual to participate in an unwanted sexual relationship or it may have the effect of causing an individual to change behaviour or work performance; and
3.4.1.4. It may consist of repeated action or may arise from a single incident.
3.4.2. Relationships (sexual or otherwise) which are consensual are not unlawful, as such relationships are the private business of the concerned persons unless they are in conflict with the Organisation’s policies or they prejudice the legitimate business interests of the Organisation in any manner whatsoever.
4. INTERNAL COMMITTEE
4.1. Constitution of the Internal Committee
4.1.1.
The Organisation has constituted an Internal Committee (Details of the members in Annexure 1) in accordance with Section 4 of the Act, which would deal with all formal complaints and allegations of Sexual Harassment (the “Internal Committee”). The Internal Committee shall have four (4) members, of which the presiding officer shall be a woman employed in a senior role at the Organisation (the “Presiding Officer”). If a senior woman officer is not available, the PO can be nominated from other offices.
4.1.2.
Two (2) members from amongst the Employees committed to the cause of women or who have experience in social work or have legal knowledge of matters concerning sexual harassment (together “Employee Members”); and one (1) external member who is familiar with the issues relating to sexual harassment. It is mandated that not less than half of the members of the Internal Committee shall be women. All members of the Internal Committee shall be selected or approved by the board of directors of the Organisation or a senior member of the management, to whom the board delegates this authority.
4.1.3.
The names of the members of the Internal Committee along with their contact details shall be displayed, from time to time, on the notice boards(s) at each of its offices/premises across the country, and/or the internal website / intranet of the Organisation. The Organisation shall also regularly and promptly notify (in the aforesaid manner) any changes in the constitution of the Internal Committee, or to the contact details of the members of the Internal Committee.
4.1.4.
The Presiding Officer and every other member of the Internal Committee shall hold office for such period not exceeding three (3) years from the date of their nomination, as may be specified by the board of directors of the Organisation or their designee.
4.2. Disqualification of Membership
4.2.1.
A member of the Internal Committee shall cease to hold office as a member in the event such member:
4.2.1.1. Is found guilty of disseminating information about a complaint brought before the Internal Committee, including details of the Complainant or the Respondent;
4.2.1.2. Is found guilty in any disciplinary proceeding; or
4.2.1.3. Has so abused such member’s position in such a manner as to render such member’s continuance in office prejudicial to the interests of the Employees of the Organisation.
4.2.2.
In addition to the grounds mentioned in
Clause 4.2.1 above, an Employee Member shall cease to hold office as a member of the Internal Committee in the event of any of the following occurrences:
4.2.2.1. If the Employee Member ceases to be an Employee of the Organisation;
4.2.2.2. If the Employee Member has been found guilty of (i) committing an act of Sexual Harassment OR (ii) any misconduct in accordance with the rules of the Organisation.
If the Employee Member is related to the Respondent and/or the Complainant or is otherwise conflicted in any manner whatsoever, they must recuse themselves from the Internal Committee, for that particular matter.
In the event of any disqualification, resignation or termination of appointment (by the Organisation) of any member, the Organisation shall, with respect to an outgoing Employee Member, forthwith notify a substitute Employee Member and shall, with respect to the other members, make best efforts to find a substitute member as quickly as possible.
4.3. Yearly Report
4.3.1.
The Internal Committee shall, at the end of each calendar year, prepare a consolidated report of all the complaints relating to Sexual Harassment received and the actions taken by the Organisation thereon and shall submit the same to the concerned government department with a copy to the management of the Organisation.
4.4. Functions of the Internal Committee
4.4.1.
In addition to the specific responsibilities that have been set forth under the Act, the Internal Committee shall have the following general responsibilities:
4.4.1.1. Implementation of this Policy;
4.4.1.2. Conducting inquiries in accordance with the procedures set out below applying the principles of natural justice and ensuring compliance with the Policy in all actions taken under, or in connection with, this Policy;
4.4.1.3. Organizing workshops or interactive programs to spread awareness of the issue of sexual harassment as well as this Policy amongst the Employees of the Organisation; and
4.4.1.4. Keeping a record of all complaints received and the actions taken by the Internal Committee and the Organisation thereon.
4.5. Decisions
4.5.1.
The decisions of the Internal Committee shall be made by majority vote of its members, and in cases of division of votes equally, the Presiding Officer shall have a casting vote.
5. REDRESSAL MECHANISM
5.1. Basic Procedures
There are primarily two (2) basic procedures that can be followed with respect to any allegation of Sexual Harassment i.e.:
- Conciliation procedure;
- Inquiry procedure.
5.2. Initiation of Complaint
5.2.1. Who can make a complaint to the IC?
Any female Employee who has experienced or has been subjected to any act of Sexual Harassment by another Employee or a third party (the “Complainant”) shall be entitled to lodge a formal complaint in writing to the Internal Committee by sending an email to poshnodaldslt@gmail.com.
5.2.2.
Where the Complainant is unable to make a complaint on account of physical incapacity, a complaint may be filed on the Complainant’s behalf by a relative, friend, co-worker, an official of the National/State Commission for Women, or with the prior written consent of the Complainant, by any person who has knowledge of the incident. Where the Complainant is unable to make a complaint on account of mental incapacity, a complaint may be filed on the Complainant’s behalf by a relative, friend, a special educator, a qualified psychiatrist or psychologist, the guardian or authority under whose care the Complainant is receiving treatment or by any person who has knowledge of the incident jointly with any of the other persons mentioned above. Where the Complainant is dead, a complaint may be filed by any person who has knowledge of the incident with the prior written consent of the legal heir of the deceased Complainant. Where the Complainant is unable to make a complaint for any reason, a complaint can be made by any person who has knowledge of the incident, with the written consent of the Complainant.
5.2.3. When to make a complaint?
The Complainant is required to lodge a complaint promptly or no later than three (3) months from the date of occurrence of the alleged act of Sexual Harassment, and in case of series of incidents, within a period of three (3) months from the date of the last incident. The Internal Committee can extend the timeline by another 3 months for reasons recorded in writing, if satisfied that these reasons prevented the lodging of the complaint.
5.2.4. How to make a complaint?
The complaint shall be made in writing, with the assistance of the members of the Internal Committee where necessary. The Complainant is required to submit six (6) copies of the Complaint along with evidence and the names of witnesses (if any) to the Internal Committee. Where the Complainant is unable to file the complaint in writing, the Presiding Officer or any other member of the Internal Committee shall assist the Complainant in making the complaint in writing.
5.3. Conciliation
5.3.1.
Prior to initiating an inquiry into the Complaint, the Internal Committee may, only at the request of the Complainant, take steps to settle the matter between the Complainant and the Respondent through conciliation, provided that no monetary settlement shall be made as a basis of conciliation.
5.3.2.
If a settlement is reached between the Complainant and the Respondent, the Internal Committee shall record the settlement so arrived and forward the same to the Organization, directing the Organization to take appropriate action as recommended by the Internal Committee.
5.3.3.
The Internal Committee is required to provide the Complainant and the Respondent with copies of the settlement for their records.
5.3.4.
In the event a settlement is reached between the Complainant and the Respondent under this clause, no further inquiry shall be carried out by the Internal Committee.
5.4. Inquiry Procedure
5.4.1. The inquiry procedure of redressal of a Complaint submitted to the Internal Committee shall include:
5.4.1.1. Processing of the Complaint
Upon the initiation of the inquiry procedure upon either of (i) the failure of the conciliatory procedure under Clause 5.3 above; (ii) the Complainant opting for the inquiry procedure; or (iii) the Respondent failing to comply with any of the terms of the conciliation settlement or otherwise, the details of the complaint shall be circulated to the members of the Internal Committee. The complaint shall be kept in the strictest of confidence at this stage. The Presiding Officer shall then call a meeting of the Internal Committee to begin the inquiry procedure.
5.4.1.2. Inquiry Procedure
- On receipt of the complaint, the Internal Committee shall serve a copy thereof to the Respondent within a period of seven (7) working days.
- On receiving a copy of the complaint filed by the Complainant, the Respondent shall file a response to the complaint along with supporting documents, and names and addresses of witnesses within a period not exceeding ten (10) working days from the date of receipt of the copy of the complaint as aforesaid.
- The Internal Committee shall thereafter make an inquiry into the complaint in accordance with the principles of natural justice.1 All proceedings of the Internal Committee shall be conducted with the presence of a minimum of three (3) members of the Internal Committee (“Quorum”). The Presiding Officer must be present for all proceedings.
- During the course of the inquiry process, the Internal Committee may also pass interim order(s) as deemed appropriate.
- The Internal Committee shall decide in each case on the appropriate process for gathering relevant information from the Complainant, the Respondent and any witnesses. This may include oral and/or written statements but in each case the Complainant and the Respondent will have the opportunity to present their case to the Internal Committee in person. The Internal Committee shall notify the Complainant and the Respondent (as well as the witnesses, if any) of the time and venue of the hearing(s).
- The Internal Committee shall also have the right to terminate the inquiry proceedings or to give an ex parte decision in the event the Complainant or Respondent fails to present themselves before the Internal Committee without showing sufficient cause for three (3) consecutive hearings. However, a notice of 15 days, must be provided to such party, prior to passing the ex-parte order.
- The parties are not permitted to engage any legal practitioner to represent them in their case at any stage before the Internal Committee.
- During the pendency of the inquiry, on a written request made by the Complainant, the Internal Committee shall have the right to recommend any one (1) or more of the following to the Organisation:
- Transfer the Complainant or the Respondent to any other Workplace;
- Grant paid leave to the Complainant for a period of up to three (3) months in addition to the regular normal leave entitlement of the Complainant; or
- Grant such other relief to the Complainant as it may deem fit.
- The Internal Committee shall ensure that the inquiry into the Complaint is completed within a period of ninety (90) days from receiving the complaint.
5.4.1.3. Report
- Upon completion of the hearing, the Internal Committee shall prepare a confidential report (the “Report”), which Report shall include a summary of the proceedings, the evidence adduced by the parties and the witnesses, and shall submit the same to the Organisation within a period of ten (10) days from the date of completion of the inquiry. Any person aggrieved by the recommendations of the Internal Committee may make an appeal against the same under Section 18 of the Act, within a period of ninety (90) days from the date on which the recommendations are made.
- The Report shall further set out the Internal Committee’s conclusions on whether an offence of Sexual Harassment, or any other violation of this Policy, has been committed or occurred, or whether the complaint made by the Complainant is false and based on mala fide reasons (for reasons/ rationale to be recorded in writing in each instance thereon). The Report shall further set out the Internal Committee’s recommendations on the disciplinary action(s) to be taken in the circumstances. All members of the Internal Committee shall sign the said Report.
- A copy of the Report must be made available to both parties (to both Complainant and Respondent) enabling them to make representation against the findings, if required.
5.5. Implementation
5.5.1.
Depending upon the gravity of the offence and without prejudice to any legal right(s) the Organisation may have, in the event the Internal Committee is of the view that the incident of Sexual Harassment has been proved, the Internal Committee shall forward the Report to the Organisation and may make any of the following recommendations to the Organisation:
5.5.1.1. To take action against the Respondent including (i) declaring the action to be “misconduct” under the provisions of the applicable service rules (if any) or the Respondent’s employment agreement; (ii) procuring from the Respondent a written apology; (iii) issuing a warning, reprimand or censure; (iv) withholding of promotion; (v) withholding of pay rise or increments; (vi) termination from service; (vii) direction to undergo counseling sessions; and/or (viii) direction to carry out community service ; AND
5.5.1.2. The Organisation must deduct from the salary of the Respondent, such sum as it may consider appropriate to be paid to the Complainant and in the event the Organisation is unable to deduct such amount due to the Respondent being absent from duty or cessation of employment, the Internal Committee shall direct the Respondent to pay the amount directly to the Complainant. Further, in the event the Respondent fails to pay the amount mentioned in this Clause 5.5.1.2, the Internal Committee shall forward the order for recovery of the sum as an arrear of land revenue to the concerned district officer authorized under the Act.
5.5.2.
The aforesaid recommendations are illustrative and not exhaustive and the Internal Committee may make such other recommendations as it may deem fit.
5.5.3.
The board of directors of the Organisation or its designee, as the case may be shall give effect to the recommendations of the Internal Committee within a period of sixty (60) days from the date of receiving the Report.
6. QUANTUM OF COMPENSATION
6.1.
In the event the Respondent is found guilty, and the disciplinary action taken by the Internal Committee includes the payment of a monetary settlement to the Complainant, the Internal Committee shall consider the following in arriving at the quantum of compensation payable to the Complainant:
6.1.1. the mental trauma, pain, suffering and emotional distress caused to the Complainant;
6.1.2. the loss in career opportunity due to the incident of Sexual Harassment;
6.1.3. medical expenses incurred by the Complainant for physical or psychiatric treatment;
6.1.4. the income and financial status of the Respondent; and
6.1.5. the feasibility of such payments in installments or a lump-sum amount.
7. POWERS OF INTERNAL COMMITTEE
7.1.
The Internal Committee shall have the same powers as are vested in a civil court under the Code of Civil Procedure, 1908 when conducting an inquiry under this Policy. The Internal Committee shall have the power to:
7.1.1. Summon and enforce attendance of any person and examine such person on oath; and
7.1.2. Require the discovery and production of documents.
8. PREVENTIVE STEPS
8.1.
The Organisation shall undertake the following preventive measures to ensure that Sexual Harassment does not occur:
8.1.1. Provide a safe working environment at the Workplace which shall include safety from the persons who may come into contact with Employees at the Workplace;
8.1.2. Display at any conspicuous place in the Workplace, the penal consequences of Sexual Harassment; and the order constituting the Internal Committee;
8.1.3. Organise workshops and awareness programs annually to sensitize the Employees of the provisions of the Act and annual orientation and skill building programs for the members of the Internal Committee;
8.1.4. Provide necessary facilities to the Internal Committee for dealing with complaints that may be initiated under this Policy and conducting an inquiry;
8.1.5. Assist in securing the attendance of the Respondent and witnesses before the Internal Committee;
8.1.6. Provide all information necessary to the Internal Committee in relation to a complaint;
8.1.7. Provide assistance to Employees if they choose to file a formal complaint against the Respondent under the Bharatiya Nyaya Sanhita (earlier -Indian Penal Code) or any other statute;
8.1.8. Initiate action under the Bharatiya Nyaya Sanhita or other statute against the perpetrator in the event he or she is not an employee of the Organisation;
8.1.9. Treat Sexual Harassment as a misconduct under the service rules and initiate action for each misconduct; and
8.1.10. Monitor the timely submission of reports by the Internal Committee.
8.2.
Apart from the measures mentioned in
Clause 8.1, the Organisation shall:
8.2.1. Carry out orientation programs and seminars for the members of the Internal Committee;
8.2.2. Conduct capacity building and skill building programs for the members of the Internal Committee.
9. MISCELLANEOUS
9.1.
The Organisation shall in consultation with the Internal Committee periodically review the provisions of this Policy and its implementation (taking into account practical problems, if any, faced by the Internal Committee and/or the Organisation in the implementation of this Policy). The Organisation reserves the right to amend the provisions of this Policy, from time to time, as it deems fit, so long as the Policy is in compliance with the provisions of the Act.
9.2.
If you have any questions regarding this Policy, please contact your HR representative or a member of the Internal Committee at
dslt_54@yahoo.co.in.
10. CONFIDENTIALITY
10.1.
The Organisation wishes to inform all its Employees that the contents of a Complaint made under this Policy, and the records of the inquiry proceedings, recommendations, and reasons thereof, shall remain confidential under all circumstances. Except as required by law and based on the advice of legal counsel, the Organisation shall not disclose such information to any third party, other than its attorneys and qualified advisers on a need-to-know basis, who agree to be bound by the terms of this Policy and maintain such confidentiality.
10.2.
Further, the Complainant, the Respondent, witnesses, persons assisting in the inquiry process, and the members of the Internal Committee, shall be under an obligation to maintain strict confidentiality with respect to all matters pertaining to the complaint and inquiry proceedings. Any breach of confidentiality by any of these persons shall render them liable to disciplinary actions.
11. FALSE OR MALICIOUS COMPLAINTS AND EVIDENCE
11.1.
During the course of an inquiry being conducted by the Internal Committee, if it is found that the Complainant has (i) made a false or malicious complaint; or (ii) submitted false documents implicating the Respondent, the Internal Committee can initiate separate proceedings against the Complainant and if found guilty, the consequences include disciplinary action including a written apology, warning, reprimand or censure, paying compensation, withholding of promotion, withholding of pay rise or increments, termination from service or undergoing counseling sessions or carrying out community service or any other disciplinary action as it may deem fit against the Complainant.
11.2.
It is clarified that the mere inability of the Complainant to substantiate a Complaint made to the Internal Committee shall not amount to a false or malicious complaint.
12. NO RETALIATION OR VICTIMIZATION
The Organisation will permit no employment-based retaliation against anyone who brings a complaint of sexual harassment or who speaks as a witness in the investigation of a complaint of sexual harassment. Any employee indulging in retaliatory behavior shall be subjected to an investigation for misconduct and if found guilty, liable for appropriate penalties / punishment.
13. SAMPLE FORMAT OF THE COMPLAINT
The Complaint should contain the following key points:
| Complaint about Sexual Harassment (Confidential) |
| Date |
|
| Name of the Complainant |
|
| Designation /Employee ID |
|
| E-mail ID of the Complainant |
|
| Date of the event |
|
| Name of the Respondent (Accused) |
|
| Designation/Employee ID (If known) |
|
| E-mail ID of the Respondent (If known) |
|
| Brief description (Attach separate sheet if necessary) |
|
| Details of documents enclosed in evidence (if any) |
|
| Names of witnesses proposed (if any) |
|
| Interim Relief (if sought) |
|
14. ANNEXURE 1
The Organisation’s Internal Committee constitutes of the following members:
Library Staff Members:
- Mr Pankaj Kumar Singh - Librarian(Retd.)
- Mr. Ravinder Kumar - Estate Manager(Retd)
- Mr Dalip Kumar - Office Assistant
- Mr. Ram Abilakh - Attendant
- Mr. Sri Ram Maurya - Attendant
- Mr. Ashok Kumar - Attendant
- Mr. Durga Prasad Maurya - Attendant
- Mr.Suresh Kumar - Attendant
- Mr. Manoj Kumar - Attendant
- Mr.Chhote Lal - Attendant/Mali
- Mr. Aflatoon - Asstt. Estate Manager
- Mr. Arunesh - Electrician on contract basis
