As per the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Rules, 2013, in case the aggrieved woman is unable to make a complaint on account of her physical incapacity, a complaint may be filed inter alia by her relative or friend or her co-worker or an officer of the National Commission for Woman or State Women's Commission or any person who has knowledge of the incident, with the written consent of the aggrieved woman.
Ministry of Women & Child Development launched an online complaint management system titled Sexual Harassment electronic -Box (She-Box) on 24th July, 2017 for registering complaints related to Sexual Harassment at workplace. The She-Box is an initiative to provide a platform to the women working or visiting any office of Central Government (Central Ministries, Departments, Public Sector Undertakings, Autonomous Bodies and Institutions etc.) to file complaints related to Sexual Harassment at workplace under the Sexual Harassment of Women at workplace (Prevention, Prohibition and Redressal) Act, 2013.
Once a complaint is submitted to She-Box, it will be directly sent to the Internal Complaint Committee (ICC) of the concerned Ministry/ Department/ PSU/ Autonomous Body etc. having jurisdiction to inquire into the complaint. The She-Box also provides an opportunity to both the complainant and nodal administrative authority to monitor the progress of inquiry conducted by
FUNCTIONS OF THE INTERNAL COMPLAINTS COMMITTEE (ICC)
The Committee
MEMBERS FROM THE INSTITUTE
|
SL.NO |
MEMBER |
ELIGIBILITY |
|
1 |
Chairperson |
Women working at senior level as employee; if not available then nominated from other office/units/ department/workplace of the same employer. |
|
2 |
2 members (minimum) |
From amongst employees committed to the cause of women/having legal knowledge/experience in social work |
|
3 |
Member |
From amongst NGO/associations committed to the cause of women or a person familiar with the issue of Sexual Harassment |
An ICC has to be set up at every administrative unit and office of the institute.
EXTERNAL MEMBERS
- External third party/ members on the Complaints Committee/s (from civil society or legal background) should possess the following attributes:
- Demonstrated knowledge, skill and capacity in dealing with workplace sexual harassment issues/complaints;
- At least 5 years of experience as a social worker, working towards women’s empowerment and in particular, addressing workplace sexual harassment;
- Sound grasp and practice of the legal aspects/implications.
- Especially with Labour, service, civil or criminal law.
LOCAL COMPLAINTS COMMITTEE (LCC
- For institutes under state governments – District Officer
- For central government institutes – Women’s commission
When the complaint is to be filed against the employer, then the Local Complaints Committee should be approached.
DUTIES AND RESPONSIBILITIES OF THE ICC
DUTIES OF THE ICC
- Redressal of complaints filed
- Within the scope of the laws
- With fairness and without bias
- Within the time period of 90 days
- Awareness workshops/activities
- To educate all employees of the institute about:
- Sexual harassment at workplace, its effects and laws against it
- Filing a complaint with the ICC
- Annual report
- Summary of the actions of ICC and the employer for complaints filed
- To be submitted by the employer to District Officer/Women’s commission
- To be uploaded on institute website
The employer can be penalized for neglecting/obstructing monitory processes by District Officer/ Women’s Commission to ensure best practices.
REDRESSAL: KEY RESPONSIBILITIES
To effectively address workplace sexual harassment complaints, a Complaints Committees must first be aware of their key responsibilities, some of which are highlighted below:
- Be thoroughly prepared
- Know the Act, Policy and/or relevant Service Rules
- Gather and record all relevant information, documents
- Determine the main issues in the
REDRESSAL: DOS
- Create an enabling meeting environment.
- Use body language that communicates complete attention to the parties.
- Treat the complainant with respect.
- Discard pre-determined ideas.
- Determine the harm.
REDRESSAL: DONTS
- Get aggressive.
- Insist on a graphic description of the sexual harassment.
- Discuss the complaint in the presence of the complainant or the respondent.
REDRESSAL: NON-NEGOTIABLE DURING ENQUIRY PROCESS
- Assure confidentiality,
- Assure non retaliation
- Recommend interim measures as needed (mainly for the complainant) to conduct a fair inquiry.
REDRESSAL: CONFIDENTIALITY
The Act prohibits the disclosure of:
- Contents of the complaint;
- Identity and address of complainant, respondent and witnesses; Information pertaining to conciliatory/inquiry proceedings or recommendations of the ICC/LCC;
- Action taken by the employer/DO.
Consequences: As per the Service Rules or Rs.5, 000/ to be collected by the employer.
Exception: Dissemination of information regarding the justice secured without disclosure of name, address, identity and particulars of complainant or witnesses.
COMPLAINANT
|
Physical incapacity |
· Complainant’s relative · Complainant’s friend · Co-worker · Any person with knowledge of the incident and written consent of the complainant
|
|
Mental incapacity |
· Complainant’s relative · Complainant’s friend · Special educator · Qualified psychiatrist/psychologist · Guardian/authority overseeing care of the complainant · Any person with knowledge of incident along with any person above
|
|
Death of complainant incident with written |
Any person with knowledge of the consent from legal heir |
|
Complainant cannot file a complaint for any other reason |
Any person with knowledge of the incident with written consent from the complainant
|
RIGHTS OF THE COMPLAINANT
- A fearless environment created by the Internal Complaints Committee
- A copy of the statement along with all the evidence and a list of witnesses submitted by the respondent
- Keeping her identity confidential throughout the process
- Support, in lodging FIR in case she chooses to lodge criminal proceedings
- In case of fear of intimidation from the respondent, her statement can be recorded in absence of the respondent
- Right to appeal, in case, not satisfied with the recommendations/findings of the Complaints Committee
RIGHTS OF THE RESPONDENT
- A non-biased hearing
- A copy of the statement along with all the evidence and a list of witnesses submitted by the complainant
- Keeping his identity confidential throughout the process
- Right to appeal in case not satisfied with the recommendations/findings of the Complaints Committee
