The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) ACT, 2013 (“Prevention of Workplace Sexual Harassment Act”) was made effective from December 09, 2013 by the Ministry of Women and Child Development, India.
The Prevention of Workplace Sexual Harassment Act requires an employer to set up an ‘Internal Complaints Committee’ (“ICC”) at each office or branch, of an organization employing 10 or more employees, to hear and redress grievances pertaining to sexual harassment.
In pursuance of UGC (Prevention, prohibition and redressal of sexual harassment of women employees and students in higher educational institutions) Regulations, 2015, the JSS Science and Technology University constituted the “Internal Complaints Committee”.
- WHO CAN APPROACH THE ICC?
Any employee/students/anybody in the campus of JSS Science and Technology University, Mysuru – 570006.
- DEFINITION OF SEXUAL HARASSMENT:
According to the ACT, sexual harassment is defined as “unwelcome sexually determined behavior such as”
- Physical contact, and making advances
- A demand or request for sexual favors
- 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
In short, the definition of sexual harassment is broad enough to include all kinds of offensive, hostile, intimidating, humiliating and exploitative language, gestures and conduct.
- Written complaint to be made by the aggrieved person generally within 90 days of the incident
- All parties are interviewed on record and documentary evidence examined
- Inquiry should be completed within 90 days by the ICC
- The ICC report should be submitted to the disciplinary authority within 10 days from the completion of the inquiry
- If the allegations against the respondent has been proved, the ICC shall recommend disciplinary action to be taken against the respondent
- The management to act on the ICC report within 60 days of receipt
- Written apology
- Withholding of increments/promotion
- Terminating the respondent from service
- Deduction of compensation payable to the aggrieved woman from the wages of the respondent
- Any other punishment according to the service rules applicable to the respondent
- Withhold privileges of the student such as access to the library, transportation, scholarships allowances etc.,
- Suspend or restrict the entry of the student for specific period
- Expel and strike off the name from the rolls of the institution