INDIAN IMMUNOLOGICALS LIMITED

 

 

POLICY AGAINST SEXUAL HARASSMENT OF WOMEN AT WORKPLACE

 

 

 

The aim of this policy is to ensure that sexual harassment does not occur and, where it does occur, to ensure that adequate procedures are readily available to deal with the incident and prevent its recurrence.

 

1.        PREAMBLE

 

 

1.1.    Indian Immunologicals Limited (“IIL”) strives to provide a professional work environment free of sexual harassment, exploitation and intimidation. IIL also believes that all Employees have the right to be treated with dignity and respect.

 

 

1.2.    IIL has framed this Policy for prevention, prohibition and redressal of sexual harassment of women at workplace (this “Policy”) in accordance with the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 and the Rules framed thereunder.

 

 

2.       OBJECTIVE

 

 

2.1.    To uphold Women’s Right to Protection against Sexual Harassment and the Right to Livelihood and towards that end for the prevention and redressal of Sexual Harassment of Women.

 

 

2.2.    To evolve  an effective  mechanism  for  the  prevention,  prohibition  and  redressal  of sexual harassment of women at the work place or in the course of official duties with the Company.

 

 

2.3.    To ensure implementation of the Policy in letter and spirit by taking all necessary and reasonable steps including but not limited to constitution of appropriate Committees for purposes of gender sensitization and to conduct enquires into complaints of sexual harassment.

 

 

3.       THE LAW

 

 

3.1.    The Supreme Court of India laid down certain guidelines (“Anti-Harassment Guidelines”) in its judgment in the case of Vishaka v State of Rajasthan (1997) 7 SCC 323 (‘Vishaka Judgment’) to formulate effective measures to check the evil of sexual harassment of working women at all work places. The Vishaka Judgment illustratively laid down what would constitute sexual harassment at workplace and in that regard, specified the duties of the employer. These duties inter alia include taking initiatives towards prevention of sexual harassment of the women employees  at  workplace  and  creating  awareness  of their  rights  in  context  of such  sexual harassment.

 

 

3.2.    The Parliament of India enacted the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (hereinafter referred to as the “Act”) to codify the spirit and intent of the Anti-Harassment Guidelines. The Act came into force in 2013, codifying the protection available to women employees against sexual harassment vide the Vishaka Judgment and laying down mechanisms for prevention of sexual harassment and redressal of Complaints, beside matters connected therewith or incidental thereto.

3.3.    The Act is to be strictly observed in all workplaces. The Act derives its powers from Article 14,

15 and 21 of the Constitution of India and is meant to be applied by all courts within the territory of India when dealing with matters involving sexual harassment in the workplace.

 

 

4.       SCOPE OF THE POLICY

 

 

4.1.    This Policy shall apply to all Employees of IIL whether at the office(s) of IIL or elsewhere.

 

 

4.2.    This Policy shall apply to all allegations of Sexual Harassment (as defined hereinafter) made by an Employee, against another Employee, occurring or having occurred within or outside the premises of IIL, including allegations made by Employees on overseas programs and trainings and/or during the course of an Employee’s employment with IIL. This Policy shall apply in respect of any act of Sexual Harassment which may have been committed in any place visited by any Employee, travel to such place having been occasioned by or arising out of, during or in the course of employment with IIL. The Policy shall also apply to all allegations of Sexual Harassment made by a third party against an Employee or vice versa, if such Sexual Harassment has occurred within IIL’s premises or during the course of such Employee’s employment with IIL.

 

 

4.3.    This Policy is not intended to impair or limit the right of any Employee seeking a remedy available under law.   Proceedings under this Policy shall continue notwithstanding any proceedings initiated by a Complainant (as defined hereinafter) against an alleged perpetrator under any law in force.

 

 

5.       DEFINITIONS

 

 

5.1.    Emplo yee(s): means a person employed at workplace for any work on regular, temporary, ad hoc or daily wage basis, either directly or through an agent, including a contractor, with or without the knowledge of the principal employer, whether for remuneration or not, or working on a voluntary basis or otherwise, whether the terms of employment are express or implied and includes a co-worker, a contract worker, probationer, trainee, apprentice or called by any other such name.

 

 

5.2.    Aggrieved Woman: means a female Employee who has experienced or has been subjected to any act of Sexual Harassment by another Employee or a third party (female).

 

 

5.3.    Complainant:  means  an  Aggrieved  Woman  who  lodges  a  Complaint  with  the  Internal

Complaints Committee

 

 

5.4.    Respondent: means a person against whom a Complaint is made by an Aggrieved Woman.

 

 

5.5.    Internal Complaints Committee: means the Internal Complaints Committee constituted by IIL

in accordance with the provisions of Section 4 of the Act for redressal of a Complaint.

5.6.    Sexual Harassment: includes any one or more of the following unwelcome  acts or behavior

(whether directly or by implication) namely:

·    Physical Contact and advances; or

·    A demand or request for sexual favours; or

·    Making sexually coloured remarks; or

·    Showing pornography; or

·    Any other unwelcome physical, verbal or non-verbal conduct of 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 her employment; or

·    Implied or explicit threat of detrimental treatment in her employment; or

·    Implied or explicit threat about her present or future employment status; or

·    Creating an intimidating or offensive or hostile work environment for her; or

·    Humiliating treatment likely to affect her health or safety.

 

Sexual harassment in the workplace is generally of two distinct types. (i)        Quid Pro Quo (Conditional) Sexual Harassment

“Quid  pro  quo”  sexual  harassment  means  seeking  sexual  favors  or  advances  in exchange  for  preferential  treatment.  This  kind  of  sexual  harassment  occurs  when consent to sexually explicit behavior or speech is made a condition for employment or preferential treatment in employment. This kind of sexual harassment also occurs when refusal to comply with a “request of sexual favour” is met with retaliatory action such as dismissal, demotion, difficult working conditions etc.

 

(ii)       Hostile working environment sexual harassment

 

Hostile  working  environment   sexual  harassment  occurs  where  employees   in  a workplace  are subject to a pattern of exposure to unwanted  and unwelcome sexual behavior from the management or co-workers. This kind of behavior makes the work environment of a woman employee hostile. This is for the reason that such conduct creates   an   intimidating,   offensive,   oppressive,   abusive   or   humiliating   work environment and which is severe and pervasive enough to interfere with her ability to work and perform.

 

Explanation of the word ‘Unwelcome’

 

Unwelcome is the key in defining what conduct constitutes sexual harassment. The conduct in question must have been unwelcome. In other words, the complaining woman employee must have found the behavior in question offensive, repulsive or repugnant. It is the impact and effect the behavior or conduct has on the recipient that will define the behavior as sexual harassment.

6.       CONSTITUTION OF THE INTERNAL COMPLAINTS COMMITTEE

 

 

6.1.    The Internal Complaints Committee (ICC) shall comprise of the following members:

 

a)   Presiding  Officer,  who  shall be a senior  level woman  employee  at the concerned  IIL office/unit. In case a senior level woman employee is unavailable, the Presiding Officer shall be nominated from other offices or administrative units of IIL.  In case a senior level woman employee is unavailable in other offices, the Presiding Officer shall be nominated from any other workplace of IIL;

 

b)  A minimum  of two  (2)  members  from  those  employees  of  IIL  who  preferably  have experience in the field of social work or having legal knowledge; and

 

c)   One (1) member from any non-government organization or associations committed to the cause of women, or a person familiar with issues relating to sexual harassment.

 

At least one-half of the total members of the ICC shall be women.

 

 

6.2.    The members of the ICC shall be nominated by the Managing Director, IIL.

 

 

6.3.    The ICC shall be empowered to deal with Complaints filed by Aggrieved Woman with respect to the concerned office of IIL.

 

 

6.4.    The members of the ICC including the Presiding Officer shall hold office for not more than three (3) years, after which a new person shall be nominated.

 

 

6.5.    The ICC shall in each calendar year prepare an annual report and submit the same with the

Managing Director, IIL.

 

 

6.6.    A list of members, as on the date of publication of this Policy, along with their contact details is annexed herewith at Annexure ‘A’. Any updates to the said index would be appropriately circulated and made known to all IIL employees through notice from time to time.

 

 

7.       REDRESSAL MECHANISM

 

 

7.1.    Complaint of Sexual Harassment

 

 

i.     An Aggrieved Woman may make in writing, a Complaint of Sexual Harassment to the ICC, within a period of three (3) months from the date of the incident and incase of series of incident, within a period of three (3) months from the date of last incident.

 

 

ii.    Where  the  ICC  is  satisfied  that  the  circumstances  were  such,  which  prevented  the Aggrieved Woman from filing a complaint within the said period of three months, the ICC may extend the time limit beyond 3 months, by recording the reasons in writing.

iii.   Where the Aggrieved Woman is unable to make a Complaint on account of her physical incapacity, a Complaint may be filed by

a.   Her relative or friend; or b.   Her co-worker; or

c.   An officer of the National Commission for Women or State Commission for Women;

or

d.   Any person  who  has  knowledge  of  the  incident,  with  the  written  consent  of  the

Aggrieved Woman.

 

 

iv.   Where the Aggrieved Woman is unable to make a Complaint on account of her mental incapacity, a Complaint may be filed by:

a.   Her relative or friend; or b.   A special educator; or

c.   A qualified psychiatrist or psychologist; or

d.   The guardian or authority under whose care she is receiving treatment or care; or

e.   Any person who has knowledge of the incident jointly with her relative or friend or a special educator or qualified psychiatrist or psychologist, or guardian or authority under whose care she is receiving treatment or care;

 

 

v.    Where  the Aggrieved  Woman for any other reason is unable  to make a Complaint,  a Complaint may be filed by a person who has knowledge of the incident, with her written consent;

 

 

vi.   Where the Aggrieved Woman is dead, a Complaint may be filed by any person who has knowledge of the incident, with the written consent of her legal heir(s).

 

vii.  A Complaint may also be made orally. If the Complaint is oral, member of the ICC to whom the Complaint is made shall record the same in writing, in detail, and have the contents confirmed by the Complainant.

 

 

7.2.    Procedure for Resolution, Settlement or Prosecution:

 

 

i.          Conciliation:   The ICC may, before initiating an inquiry, at the request of the Aggrieved Woman take steps to settle the matter between her and the Respondent. The conciliation shall not be on monetary settlement basis. The settlement terms shall be recorded in writing and forwarded to IIL. Copies of the same shall be provided to the Aggrieved Woman and the  Respondent.  Where  a settlement  has  been  arrived  at,  no  further  inquiry  shall  be conducted by the ICC.

 

 

OR

 

 

ii.         If the above is not possible, the ICC shall proceed to make inquiry into the Complaint in such manner as prescribed hereunder:

a) The Complainant or the person lodging a Complaint on behalf of the Complainant shall file, with the ICC, 6 written copies of the Complaint along with the supporting documents and names and addresses of witnesses.

 

 

b) On receipt of Complaint the ICC shall within a period of 7 (Seven) working days send one of the copies of the Complaint to the Respondent.

 

c) The Respondent shall, within a period of 10 (Ten) working days from the date of receipt of Complaint from the ICC, file his reply to the Complaint along with his list of documents, names and addresses of witnesses.

 

d) ICC shall investigate the complaint and provide its report to Managing Director, IIL as promptly as possible, no later than 90 working days from the date of the Complaint. Further, if the Aggrieved Woman informs the ICC that any term or condition of a settlement arrived at under Clause 7.2 (A) has not been complied with by the Respondent, the ICC shall proceed to make an enquiry into the Complaint.

 

 

e) The ICC shall follow principles of natural justice in all its proceedings and subject thereto, shall maintain confidentiality of the identity of the Complainant, and the witnesses, as also the contents of the Complaint. Where the Respondent is subject to any applicable service rules of IIL, the proceedings of the ICC shall be conducted, as far as practically possible, in accordance with such service rules, and to the extent provided therein and in accordance with applicable law.

 

 

f) A copy of the Complaint as recorded by the ICC shall be given to the Respondent as well as the Complainant. The Respondent shall be required to submit her/his response to the Complaint as well as to indicate whether the Respondent wishes the ICC to examine any witnesses or furnish any evidence. The Complainant shall also be required to indicate in writing whether the Complainant wishes the ICC to examine any witnesses or furnish any additional evidence.

 

 

g) The Respondent shall not be permitted to compel the Complainant to be a witness, although the Complainant may choose to give evidence in relation to the alleged act of Sexual Harassment. In the event the Respondent wishes to question the Complainant, any such question shall be submitted to the ICC in writing, and it shall provide them to the Complainant, with such edits as it deems necessary.

 

 

h) Upon receipt of the responses from the Respondent and the Complainant, the ICC shall conduct a hearing at such venue or venues as are convenient to the Complainant, where both the Complainant and the Respondent shall be heard in person. The ICC shall notify both the Respondent and Complainant (as well as the witnesses, if any) of the time and venue of each hearing. Any records of the proceedings of such or any other hearings or meetings of the ICC shall be maintained strictly confidential.