Internal Complaints Committee
This committee has been formed at Remal Public School, Rohini, Delhi, to address issue sunder THE SEXUAL HARASSMENT OF WOMEN AT WORKPLACE (PREVENTION, PROHIBITION AND REDRESSAL) ACT, 2013.
The purpose of this committee is to provide protection against sexual harassment of women at workplace and for the prevention and redressal of complaints of sexual harassment and for matters connected therewith or incidental thereto.
The Presiding Officer and every Member of the Internal Committee shall hold office for such period, not exceeding three years, from the date of nomination
The following committee members are appointed under section 4 of this Act:
|Presiding Officer||Dr. Sangeeta Verma||Principal|
|Members||Ms. Madhu Nirwal||PGT, Hindi|
|Members||Ms. Kiran Saluja||TGT, Maths|
|Members||Ms. Komal Gupta||PGT, Sociology|
|Member from NGO:||Ms. Seema Arora||Sarthak Prayas|
INTERNAL COMPLAINTS COMMITTEE (ICC) Women Cell
Guidelines for Sexual Harassment of women at workplace under Prevention, Prohibition and 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 following code of conduct has been prescribed:-
- It shall be the duty of the employer to prevent or deter the commission of any act of sexual harassment at the work place.
- Sexual harassment will include such unwelcome sexually determined behavior by any person either individually or in association with other persons or by any person in authority whether directly or by implication such as:
- Unsavory remark
- Jokes causing or likely to cause awkwardness or embarrassment
- Innuendos and taunts
- Gender based insults or sexiest remark
- Unwelcome sexual overtone in any manner such as over telephone (obnoxious telephone calls) and the like
- Touching or brushing against any part of the body and the like
- Displaying pornographic or other offensive or derogatory pictures, cartoons, pamphlets or sayings.
- Forcible physical touch or molestation.
- Physical confinement against one’s will and any other act likely to violate one’s privacy.
And also includes any act or conduct by a person in authority and belonging to one sex which denies or would deny equal opportunity in pursuit of career development or otherwise making the environment at the work place. Hostile or intimidating to a person belonging to the other sex, only on the ground of sex.
The mechanism for redressal of complaints and further Procedure to be followed for conducting enquiry by the Complaints Committee is as follows:
- Any aggrieved woman may make, in writing, a complaint of sexual harassment at work place to the Internal Committee, if so constituted, or the Local Committee, in case it is not so constituted. (Provided that where such complaint cannot be made in writing, the Presiding Officer or any Member of the Internal Committee or the Chairperson or any Member of the Local Committee, as the case may be, shall render all reasonable assistance to the woman for making the complaint in writing.)
- Where the aggrieved woman is unable to make a complaint on account of her physical or mental incapacity or death or otherwise, her legal heir or such other person as may be prescribed may make a complaint under this section.
- If the complainant feels that she cannot disclose her identity for any particular reason the complainant shall address the complaint to the head of the organization and hand over the same in person or in a sealed cover. Upon receipt of such complaint the head of the organization shall retain the original complaint with himself and send to the complaints committee as gist of the complaint containing all material and relevant details other than the name of the complaint and other details which might disclose the identity of the complaint.
- The Internal Committee or, as the case may be, may before Initiating inquiry under section 11 and at the request of the aggrieved woman take steps to settle the matter between her and the respondent through conciliation.
- Where a settlement has been arrived at under sub-section (1), the Internal Committee, as the case may be, shall record the settlement so arrived and forward the same to the employer and a copy to the Local committee regarding action taken as specified in the recommendation.
- The Internal Committee or the Local Committee, as the case may be, shall provide the copies of the settlement as recorded under sub-section (2) to the aggrieved woman and the respondent.
Punishment for false or malicious complaint and False Evidence
Where the Internal Committee of the Campus arrives at a conclusion that the allegation against the respondent is malicious or the aggrieved woman or any other person making the complaint has made the complaint knowing it to be false or the aggrieved woman or any other person making the complaint has produced any forged or misleading document, it may recommend to the Competent authority , to take action against the woman or the person who has made the complaint under, sub-section (2) of section 9, in accordance with the provisions of the service rules applicable to her or him or where no such service rules exist, in such manner as may be prescribed.
Where the conduct of an employee amounts to misconduct in employment as defined in the relevant service rules the employer should initiate appropriate disciplinary action in accordance with the relevant rules.
Third Party Harassment:
Where sexual harassment occurs as a result of an act or omission by any third party or outsider the employer and the persons incharge shall take all steps necessary and reasonable to assist the affected person in terms of support and preventive action.
Submission of Report’s by Internal Complaint Committee:
- The Internal Committee shall in each calendar year prepare, in Prescribed form and prescribed time as may be prescribed, an annual report and submit the same to the employer and the District Officer.
- The Institute shall include in its report the number of cases filed, if any, and their disposal under this Act in the annual report of the Institute or where no such report is required to be prepared, intimate such number of cases, if any, to the District Officer.
Constitution of Internal Complaints committees under Sexual Harassment of women at work place under (Prevention, Prohibition and Redressal Act, 2013).
The committee is constituted in Remal Public School with an objective of looking after the welfare of the women employees and students, to facilitate redressal of their grievances, to help maintain a harmonious atmosphere at campus and to enable women to pursue their work with dignity and reassurance.
On 13th August 1997, the Supreme Court of India held that sexual harassment of women is a violation of the fundamental right of women to work in a safe environment. The Supreme Court has defined 'sexual harassment' to include: Any one or more of the following acts or behaviour (whether directly or by implication), namely:
- physical contact and advances;
- demand or request for sexual favours;
- Sexually oriented remarks
- Showing pornography
- Use of electronic media (phone, internet, intranet) for perpetrating any of the above
- Any other unwelcome physical, verbal or non-verbal conduct of a sexual nature
The following circumstances, among other circumstances, if it occurs or is present in relation to or connected with any act or behaviour of sexual harassment may amount to sexual harassment:
- implied or explicit promise of preferential treatment in employment;
- implied or explicit threat of detrimental treatment in employment;
- implied or explicit threat about her present or future employment status;
- interference with her work or creating an intimidating or offensive or hostile work
- environment for her;
- humiliating treatment likely to affect her health or safety.
Often such behaviour goes unpunished because of hesitation on the part of women to report such behaviour out of a sense of shame or fear or both. It is important for women to protest against any behaviour that they feel is unwanted and unacceptable. The ICC of Remal Public School will shoulder the responsibility with the aim of providing women an appropriate complaint mechanism against unwelcome sexually determined behaviour whether directly or by implication.
The Role of the Committee
- To act as Inquiry Authority on a complaint of sexual harassment.
- To ensure that complainant and witnesses are not victimized or discriminated because of their complaint. To take proactive measures towards sensitization of all those.
The New Act of Parliament 'The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act 2013' [SHWW (PPR) Act] has received the assent of the President of India and promulgated on 22nd April, 2013.
- In exercise of the powers conferred by Section 29 of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (14 of 2013), the Central Government notified Rules on 09th December, 2013.
- Office Memorandum was circulated by Ministry of Personnel, Public Grievances and Pensions (Department of Personnel and Training) dtd 27th November 2014 on 'The Alignment of Service Rules with the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act 2013'.
The Bill defines sexual harassment at the work place and creates a mechanism for redressal of complaints. It also provides safeguards against false or malicious charges. Every employer is required to constitute an Internal Complaints Committee at each office or branch with 10 or more employees.
- The Complaints Committees have the powers of civil courts for gathering evidence.
- The Complaints Committees are required to provide for conciliation before initiating an inquiry, if requested by the complainant.