Human Values:
The Supreme Court of India, in a landmark judgment in August 1997 (Vishaka & others vs. the State of Rajasthan & others) stated that every instance of sexual harassment is a violation of “Fundamental Rights” under Articles 14, 15, and 21 of the Constitution of India, and amounts to a violation of the “Right to Freedom” under Article 19 (1)(g). Another Supreme Court Judgment in January 1999 (Apparel Export Promotion Council vs. Chopra) has stated that sexually harassing behaviour “needs to be eliminated as there is no compromise on such violations”. The Supreme Court further reiterated that sexual harassment “is a violation of the fundamental right to gender equality and the right to life and liberty”. The Supreme Court judgment of 1997 makes it obligatory for every employer and other responsible persons to follow the guidelines laid down by the Court and to evolve a specific policy to combat sexual harassment in the workplace.
Professional Ethics:
In compliance with the direction of the Supreme Court, Sexual Harassment of Women at Workplace (prevention, Prohibition and Redressal) Act, 2013 and Rules connected therewith, was passed by the Government of India. Both the Act and Rules came into force on 9th December, 2013 to protect women from sexual harassment at all workplaces and to create a work environment that is suitable to ensure gender equality. Accordingly, the Ministry of Human Resource Development published a Gazette notification bearing No. F.91-1/2013 (TFGS) viz., University Grants Commission (Prevention, Prohibition and Redressal of Sexual Harassment of Women Employees and Students in Higher Education Institutions) Regulation, 2015 dated 2nd May, 2016.
The Internal Complaints Committee of Surendranath Law College was reconstituted from the Committee against Sexual Harassment as per the above guidelines.
DEFINITION OF SEXUAL HARASSMENT
Sexual Harassment includes any unwelcome sexually determined behaviour (whether directly or by implication) such as:
- Physical contact and advances
- A demand or request for sexual favours
- Sexually coloured remarks
- Showing pornography
- Any other unwelcome physical, verbal or non-verbal conduct of sexual nature, where any of these acts is committed in circumstances whereunder the victim of such conduct has a reasonable apprehension that in relation to the victim’s employment or enrolment in the institution whether she is drawing salary, or honorarium or otherwise, such conduct can be humiliating and may constitute a health and safety problem. It is discriminatory for instance when the woman has reasonable grounds to believe that her objection would disadvantage her in connection with her employment or work or studentship including recruitment or promotion or academics when it creates a hostile work environment. Adverse consequences might be visited if the victim does not consent to the conduct in question or raises any objection thereto.
PREAMBLE
The Surendranath Law College has committed itself to provide a congenial and conducive atmosphere in which students, teachers and non-teaching staff can work together in an environment free of violence, harassment, exploitation, and intimidation. This includes prohibition of all forms of gender violence, sexual harassment, and discrimination on the basis of gender.
DECLARATION OF POLICY
Surendranath Law College, shall value the dignity of every individual, enhance the development of its human resources, guarantee full respect for human rights, ensure the full enforcement of “Fundamental Rights” under articles 14, 15, 19(1) (g) and 21 of the Constitution of India, and uphold the dignity of all workers, employees, applicants for employment and students or those undergoing training, instruction or education. Towards this end, all forms of sexual harassment in employment, education and/or training environment are hereby declared unlawful. The Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act 2013 and Rules thereunder, are implemented in its entirety.
OBJECTIVES OF THE POLICY
- To fulfil the directives of the Supreme Court, the sexual harassment of women at workplace Act 2013 and the MHRD Notification of 2016.
- To evolve a mechanism for the prevention and redressal of sexual harassment cases and other acts of gender-based violence in the college.
- To ensure the implementation of the policy in letter and spirit through provision of platforms for reporting of complaints and their follow-up procedures. In particular, the policy seeks to create multiple platforms like online grievance portal, complaint box, dedicated email id and phone number that are easily accessible to the complainant in order to establish a smooth, secure and confidential reporting system.
- To provide an environment free of gender-based discrimination and ensure equal access to all facilities and opportunities for participation in activities of the college
- To create a secure physical environment, through installation of CCTV for surveillance and a sensitised social and psychological environment by spreading of awareness about sexual harassment and its punitive consequences as a deterrence.
JURISDICTION
The rules and regulations outlined in this policy shall be applicable to all complaints of sexual harassment made:
- By a member of the institution against any other member irrespective of whether the harassment is alleged to have taken place within or outside the campus.
- By an outsider against a member of the college or by a member of the college against an outsider, if the sexual harassment is alleged to have taken place within the campus.
- By a member of the college against an outsider if the sexual harassment is alleged to have taken place outside the campus. In such cases the Committee shall recommend that the college authorities initiate action by making a complaint with the appropriate authority. Further, the committee will actively assist and provide available resources to the complainant in pursuing the complaint.
COMPOSITION OF THE INTERNAL COMPLAINTS COMMITTEE
- The Committee shall be headed by the Head of the Institution and shall be designated as the ‘Chairperson.
- The committee shall have two senior women teaching faculty members, one of which shall be designated as the ‘Presiding Officer’.
- One non-teaching staff member.
- One external member who shall be a woman working in the field of gender empowerment.
- In addition, the committee shall have one girl student nominated as a representative.
POWERS OF THE COMMITTEE
- The Committee shall have the power to summon witnesses.
- If the Committee has reason to believe that an employee/student is capable of furnishing documents or information relevant to the complaint; it may serve a notice in writing directing such a person(s) to produce the documents or information by specifying the nature of the documents, the stipulated time within which it is to be submitted, and the place where it is to be submitted.
- Where any relevant document or information is recorded or stored by means of a mechanical, electronic or other device, the Committee shall have the power to direct in witing that the same be produced, or that a clear reproduction of the same be produced.
- Upon production of documents/information called for by it, the Committee shall have the power to (i) make copies of such documents/information or extracts there from; or (ii) retain such documents/information for such period as may be deemed necessary for purposes of the proceedings before it.
- The Committee shall have the power to issue interim directions to/with regard to any person participating in the proceedings before it.
- The Committee shall have the power to recommend the action to be taken against any person found guilty of (a) sexually harassing the complainant; (b) retaliating against/ victimizing/intimidating the complainant or any other person before it; and (c) making false charges of sexual harassment against the accused person.
FUNCTIONS OF THE COMMITTEE
- To facilitate a safe environment in the college that is free of sexual harassment.
- To promote behaviour that creates an atmosphere and ambience in college that ensures gender equality and equal opportunities.
- To spread awareness to promote gender equality and prevent sexual harassment through the use of posters and by organising awareness programs in and outside campus throughout the academic session.
- To ensure that the mechanism for registering complaints is safe, accessible and confidential.
- To take cognizance of complaints about sexual harassment, conduct enquiries, provide assistance and redressal to the complainants, recommend penalties and take action against the accused, if necessary.
- To advise the competent authority to issue warnings or to take legal steps against the accused, if the complainant consents.
- To seek medical help, police and legal intervention with the consent of the complainant.
- To make arrangements for appropriate psychological, emotional and physical support (in form of counselling, security and other assistance) to the complainant, if deemed necessary.
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Procedure to be followed by the Committee
- The Committee shall call a meeting as and when any complaint is received by it. Complaint may be received by any member of the committee or through online complaint mechanism or through any other means or platforms mentioned hereinabove.
- . The Committee may direct the complainant to prepare and submit a detailed statement of incident/s, if the written complaint submitted lacks exactness and necessary details required, within a period of two (2) days from such direction or such other time period that the Committee may decide.
- The Committee shall direct the accused, employee(s)/student(s), to prepare and submit a written response to the complaint/allegations within a period of four (4) days from such direction or such other time period as the Committee may decide.
- Each party shall be provided with a copy of the written statement(s) submitted by the other.
- The Committee shall conduct the proceedings in accordance with the principles of natural justice. It shall allow both parties reasonable opportunity to present their case. However, should the accused choose not to participate in the proceedings, the Committee shall continue ex-parte.
- The Committee shall allow both parties to produce relevant documents and witnesses to support their case. Documents produced by either party shall be affixed with that party’s signature to certify the document as original / true copy.
- The party against whom the document / witness is produced shall be entitled to challenge / cross-examine the same.
- The Committee shall sit on a day-to-day basis to record and examine the evidence produced by both parties.
- As far as practicable, all proceedings of the Committee shall take place in the presence of both parties.
- Meeting minutes of all proceedings of the Committee shall be prepared and duly signed by the members of the Committee.
- The Committee shall make all endeavour to complete its proceedings within a period of fifteen (15) days from the date of receipt of complaint.
- The Committee shall record its findings in writing, supported with reasons and shall forward the same with its recommendations to the Principal/Management, within a period of five (5) days from completion of the proceedings before it. In case the Committee finds that the facts disclose the commission of a criminal offence by the accused person, this shall be specifically mentioned in the Committee’s report.
- If, in the course of the proceedings before it, the Committee is satisfied that a prima facie case of sexual harassment is made out against the accused employee(s)/student(s) and that there is any chance of recurrence of any such action, or that it is required to do so in the interests of justice, it may, on the request of the complainant or otherwise, initiate disciplinary action in the form of:
- Warning
- Written apology
- Bond of good behaviour.
- Adverse remarks in the confidential report
- Debarring from supervisory duties.
- Denial of membership of statutory bodies
- Denial of re-employment/re – admission
- Stopping of increments / promotion/denying admission ticket.
- Reverting, demotion.
- Suspension
- Dismissal
- Any other relevant mechanism, as deemed appropriate.
- If, in the course of the proceedings before it, the Committee is satisfied that any person has retaliated against /victimized/intimidated the complainant or any person assisting the complainant, as a result of the complaint having been made or such assistance having been offered, the Committee shall report the same in writing, to the Principal/Management, with reasons and with recommendations of action to be taken against such a person(s).
- If, at the culmination of the proceedings before it, the Committee is satisfied that the complainant has knowingly brought false charges of sexual harassment against any person, it shall report the same in writing to the Principal/Management, with reasons and with recommendations of the action to be taken against such a complainant.