K. K. Wagh Polytechnic, Nashik

The Parliament of India has passed the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (hereinafter referred to as the Act) with the object of providing protection against sexual harassment of women at the workplace. The Act provides for the redressal of complaints of sexual harassment. This will also make India compliant to the Convention on the Elimination of all Forms of Discrimination against Women (UN Entity for Gender Equality and the Empowerment of Women). One of the requirements of the Act is the constitution of an Internal Complaints Committee (ICC).

II. Objectives
The objectives of the Internal Complaint Committee to prevent Sexual Harassment of Women at the Workplace are as follows:

• To develop a policy against sexual harassment of women at the Institute.
• To evolve a permanent mechanism for the prevention and redressal of sexual harassment cases and other acts of gender based violence at the Institute.
• To uphold the commitment of the Institute to provide an environment free of genderbased discrimination.
• To create a secure physical and social environment to deter any act of sexual harassment.
• To promote a social and psychological environment to raise awareness on sexual harassment in its various forms.

Role of the ICC

• To address the informal and formal complaints of any female employee or student as specified in the objectives of the cell.
• To ensure the fair and timely resolution of the complaints.
• To provide counseling and support services on our campus.
• To promote awareness about sexual harassment through educational initiatives that encourages and fosters a respectful learning work environment.

Formation of Internal Complaint Committee
The Act stipulates as follows regarding the constitution of the ICC:

• Presiding officer who shall be a woman employed at a senior level at the workplacefrom amongst the employees.
• Two members from amongst the employees preferably committed to the cause of women or who have experience in social work or have legal knowledge.
• One member from amongst non-governmental organisations or associationscommitted to the cause of women or a person familiar with the issues relating tosexual harassment.

IV. Guidelines for Sexual Harassment of women at workplace under Prevention, Prohibitionand Redressal Act, 2013.

Code of conduct for work place
Sexual harassment is a serious criminal offence, which can destroy human dignity and freedom.In an effort to promote the well-being of all women employees at the work place the followingcode of conduct has been prescribed:-
1. It shall be the duty of the employer to prevent or deter the commission of any act of sexualharassment at the work place.
2. Sexual harassment will include such unwelcome sexually determined behavior by any personeither individually or in association with other persons or by any person in authority whetherdirectly or by implication such as:
i. Eye-teasing
ii. Unsavory remark
iii. Jokes causing or likely to cause awkwardness or embarrassment
iv. Innuendos and taunts
v. Gender based insults or sexiest remark
vi. Unwelcome sexual overtone in any manner such as over telephone (obnoxious
telephone calls)
vii. Touching or brushing against any part of the body
viii. Displaying pornographic or other offensive or derogatory pictures, cartoons,
pamphlets or sayings.
ix. Forcible physical touch or molestation.
x. Physical confinement against one’s will and any other act likely to violate one’s
privacy.

V. Duties and Responsibilities of Employers

Under the Sexual Harassment of Women at Workplace Act, 2013, all employers have the following duties and responsibilities:

• Provide a safe working environment at the workplace which shall include safety from the persons coming into contact at the workplace;
• Organise workshops and awareness programmes at regular intervals for sensitising the employees with the provisions of the Act and orientation programmes for the members of the Internal Committee in the manner as may be prescribed;
• Provide necessary facilities to the Internal Complaint Committee, as the case may be, for dealing with the complaint and conducting an enquiry;
• Assist in securing the attendance of respondent and witnesses before the Internal Committee, as the case may be;
• Provide assistance to the woman if she so chooses to file a complaint in relation to the offence under the Indian Penal Code or any other law for the time being in force;
• Treat sexual harassment as a misconduct under the service rules and initiate action for such misconduct;
• Monitor the timely submission of reports by the Internal Committee.

VI. Responsibilities of ICC shall include the below:

• Receive complaints of sexual harassment at workplace.
• Initiating and conducting inquiry as per established procedure.
• Submitting reports of its findings and recommendations.
• Follow up with the employer in implementing appropriate actions.
• Maintaining strict confidentiality throughout process as per established guidelines.
• Submitting report in the prescribed format.