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ANTI-SEXUAL HARASSMENT POLICY
I. Background
Sexual Harassment affects all women in some form or the other. Lewd
remarks, touching, wolf-whistles, looks are part of any woman’s
life, so much so that it is dismissed as normal. Working women are
no exception. In fact, working women most commonly face the backlash
to women taking new roles, which belong to male domains within
patriarchy. Sexual Harassment at work is an extension of violence in
everyday life and is discriminatory, exploitative, thriving in
atmosphere of threat, terror and reprisal.
Sexual harassment has been recognised as most intimidating, most
violating form of violence since long in countries like UK, USA and
many countries have not only taken note of how degrading experiences
of sexual harassment can be for women as well as employers but have
adapted legislative measures to combat sexual harassment.
In India, it has been only ten years since sexual harassment was for
the first time recognised by The Supreme Court as human rights
violation and gender based systemic discrimination that affects
women’s Right to Life and Livelihood. The Court defined sexual
harassment very clearly as well as provided guidelines for employers
to redress and prevent sexual harassment at workplace.
The guidelines are a broad framework which put a lot of emphasis on
prevention and within which all appropriate preventive measures can
be adapted. One very important preventive measure is to adopt a
sexual harassment policy, which expressly prohibits sexual
harassment at work place and provides effective grievance procedure,
which has provisions clearly laid down for prevention and for
training the personnel at all levels of employment.
In the Vishaka case, the Supreme Court of India has included a gamut
of behavioural aspects into what constitutes "Sexual Harassment". In
its decision in Vishaka vs State of Rajasthan (1997) the apex court
determined that sexual harassment is not confined to instances of
rape or assault. Instead, it can include "such unwelcome sexually
determined behaviour (whether directly or by implication) as
physical contact and advances; a demand or request for sexual
favours; sexually coloured remarks; showing pornography; and any
other unwelcome physical, verbal or non-verbal conduct of a sexual
nature."
II. Introduction
It is a core goal principle of Safai Karmachari Andolan (hereinafter
referred to as “SKA”) to ensure gender equality and gender justice
through all of SKA interventions and practices. In keeping with this
principle, it is important to ensure an organisational climate free
from discrimination and harassment with a particular focus on sexual
harassment. Sexual harassment of employees occurring in the
workplace or in other settings in which employees may find
themselves in connection with their employment is unlawful and will
not be tolerated by this organization. Further, any retaliation
against an individual who has complained about sexual harassment or
retaliation against individuals for cooperating with an
investigation of a sexual harassment complaint is similarly
unacceptable and will not be tolerated. To achieve this goal, the
conduct that is described as “ Sexual Harassment” in this policy
will not be tolerated and we have provided a procedure by which
inappropriate conduct will be dealt with, if encountered among team
members.
SKA takes allegations of sexual harassment seriously, and will
respond promptly to complaints of sexual harassment and where it is
determined that such inappropriate conduct has occurred, prompt and
appropriate corrective action as is necessary, including
disciplinary action, will be taken.
While this policy sets forth our goals of promoting a workplace that
is free of sexual harassment and women friendly, the policy is not
designed or intended to limit the authority of SKA to discipline or
take remedial action for workplace conduct which we deem
unacceptable, regardless of whether that conduct satisfies the
definition of sexual harassment.
III. Scope of the
Policy
This policy shall extend to all team of SKA and includes
external incidents involving such staff.
IV. Definitions
For the purposes of this Policy
1. “Team” shall mean any person employed by SKA including full-time,
part-time, temporary, voluntary, seconded, contracted and also
researchers, trainees, consultants.
2. “Sexual harassment" includes any unwelcome sexually determined
behaviour (whether direct or by implication) such as
(i) physical contact and advances either physical and non -physical
(ii) a demand or request for sexual favours;
(iii) sexually coloured remarks
(iv) showing pornography
(v) any other unwelcome physical, verbal or non-verbal conduct of a
sexual nature
V. Preventive Action
Consistent with the existing law under Vishaka, SKA shall take all
reasonable steps to ensure prevention of sexual harassment at work.
Such steps shall include:
1. Circulation of SKA’s policy in all regional offices of SKA to all
persons employed by or in any way acting in connection with the work
and/or functioning of SKA;
2. Ensuring that sexual harassment as an issue is raised and
discussed at SKA meetings from time to time – a meeting of the Anti
Sexual Harassment Cell will be held once in a year
3. Conduct or cause to carry out in-house gender training on sexual
harassment and addressing complaints to staff as well as members of
the ASH Cell.
VI. Anti-Sexual Harassment Cell
1. There will be an Anti-Sexual Harassment Cell (hereinafter
referred to as “ASH Cell”).
2. The ASH Cell shall comprise the following members:
i. Five women from SKA team of State and National level
ii. One gender sensitive woman external to SKA
iii. one gender sensitive male colleague from SKA team
3. Membership to the ASH cell shall generally be for a period of
five years. Thereafter, new appointments shall be made through
election.
4. There will be convener of the ASH cell who shall be elected.
5. ASH Cell will play a strong preventive role. In case of any
complaint, the ASH Cell will have to appoint a Committee (henceforth
referred to as Enquiry Committee) to conduct an enquiry.
6. A member of the ASH Cell shall cease to hold membership should
any one of the following conditions arise:
i. Upon s/he ceasing to be a staff of SKA, in case the member is an
SKA employee
ii. Any member of the ASH Cell remains absent without permission of
the ASH Cell from three consecutive meetings
iii. Any member of the ASH Cell against whom a complaint of sexual
harassment, violation of SKA code of conduct or criminal charges are
made and prima facie established
In the event of any vacancy on the ASH Cell due to resignation or
termination or for any other reason whatsoever the same shall
(within a period of three months of such vacancy) be filled in
accordance with the procedures prescribed by this policy.
7. Each complaint will merit the formation of a new EQC. In other
words, EQCs may be constituted on a case to case basis.
8. The Convener of the ASH Cell will be required to present an
annual report on the activities of the ASH Cell to the National
Board of SKA. Care must be taken not to breach confidentiality in
these reports.
9. All meetings of the ASH Cell shall be fixed by the Convener of
ASH Cell through mutual consultation among the members.
10. The ASH Cell shall be required to present a yearly Plan & Budget
for preventive activities.
VII. Procedure of
Dealing with Complaints of Sexual Harassment
1. If any staff at SKA believes that he or she has been subjected to
sexual harassment, such person shall have the option to file a
complaint with ASH Cell. This may be done in writing or orally. Even
if it is done verbally initially, it is always preferable to have
the complaint in writing.
2. A complaint may be filed by contacting any one of the members of
the ASH Cell. The ASH Cell will also be available to discuss any
matter that staff may have and to provide information about SKA’s
policy on sexual harassment and the complaint process.
3. All formal complaints of SH have to be referred to the ASH Cell.
4. The investigation into a complaint will be conducted in such a
way as to maintain confidentiality to the extent practicable under
the circumstances. The Enquiry Committee ( EQC ) has to be set up
within two weeks of receiving the complaint. The ASH Cell is
responsible for setting up the EQC with support from the SKA
Management.
5. The EQC has to investigate and submit report to ASH Cell within
two weeks. The ASH Cell will have to decide on recommendations and
forward it to the National Board of SKA within 2 weeks of receiving
report from EQC.
6. In case of exceptional circumstances, the time limit for
investigation may be extended by the ASH Cell. The ASH Cell has to
inform the convener of ASH Cell who will then inform both the
complainant and accused.
VIII. Process of Inquiry:
1. ASH Cell will start the process of enquiry.
2. The accused will be asked to prepare a response to the statement
of allegations and submit to the Committee within the given time.
3. The statements and other evidence obtained in the inquiry process
will be considered confidential materials.
4. Statement of Complainant will be recorded
5. The Committee will take its decision after carefully reviewing
the circumstances, evidence and relevant statements in all fairness.
6. In the course of investigating any complaint of sexual
harassment, the ASH Cell shall ensure that the principles of natural
justice are adhered.
7. The ASH Cell shall be empowered to do all things necessary to
ensure a fair hearing of the complaint including all things
necessary to ensure that victims or witnesses are neither victimised
or discriminated against while dealing with a complaint of sexual
harassment. In this regard the ASH Cell shall also have discretion
to make appropriate interim recommendations vis-à-vis an accused
person pending the outcome of a complaint including suspension,
transfer, leave, change of office etc. The complainants should have
the option to seek transfer of the perpetrator or seek his/her own
transfer.
8. In the event, the ASH Cell determines that sexual harassment has
occurred, it will make appropriate recommendations as to necessary
action to be instituted to remove the offensive conduct and, where
appropriate, to institute disciplinary action. The complainant’s
views may be taken into consideration for this purpose.
IX. Third Party
Harassment
Where SH occurs as a result of an act or omission by any third party
or outsider, SKA will take all steps necessary and reasonable to
assist the affected person in terms of support and preventive
action.
X. Management Obligations
1. Management of SKA shall provide all necessary assistance for the
purpose of ensuring full, effective and prompt implementation of
this policy. It shall further be bound by the decisions of the ASH
Cell and shall implement the same expeditiously.
2. The travel expenses and board and lodging of external members /
advisors will be borne by SKA/ASH Cell.
3. Necessary budgetary allocation will be made available and will be
intimated to ASH Cell.
4. The support to be provided to ASH Cell includes :
(i) Secretarial and administrative support for training and other
preventive actions.
(ii) Helping to set up EQCs
(iii) Secretarial support during SH enquiries
(iv) Adequate financial resources for all activities
(v) Time planning for members of ASH Cell, especially SKA staff
5. The responsibility for preventive activities (regarding SH) rests
with the Management of SKA.
6. The responsibility of taking prompt action on ASH Cell
recommendations lies with the National Board of SKA.
7. Action on ASH Cell recommendations should be taken within three
months of the recommendation being made.
8. SKA is expected to provide adequate protection to ASH Cell and
Enquiry Committee members in case of threats and any retaliation.
Support and protection must also be provided (by Management) if
matters go to Court. Management should in all cases defend the ASH
cell & the complainant.
9. The SKA Management has to ensure that the ASH Cell and Enquiry
Committee retain their autonomy and may work unhindered.
10. The proceedings under this policy shall not be stalled or
postponed merely because the complainant is proceeding against the
accused under any other provision of law.
11. The provisions of this policy shall not restrict the powers of
the Management or the complainant to proceed against the alleged
offender for any other misconduct or other legal remedies.
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