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Sexual Harassment in the Workplace

According to the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, any of the following circumstances, if it occurs or is present with or connected with any act or behaviour of sexual harassment may amount to sexual harassment:

1. Implied or explicit promise of preferential treatment in her employment.
2. The implied or explicit threat of detrimental treatment in her employment.
3. Interferes with her work or creating an intimidating or offensive or hostile work environment for her.
4. Humiliating treatment is likely to affect her health or safety.

Sexual harassment includes unwelcome sexually determined behavior such as:

• Physical contact.
• Demand or request for sexual favours.
• Sexually colored remarks.
• Showing pornography.
• Any other unwelcome physical, verbal or non-verbal conduct of a sexual nature.

Key Elements of Workplace Sexual Harassment

• Very often situations that start off innocently end up in inappropriate and unprofessional behaviours.
• It is important to remember that workplace sexual harassment is sexual, unwelcome and the experience is subjective.
• It is the impact and not the intent that matters and it almost always occurs in a matrix of power.
• It is possible that a woman  may experience a single instance of sexual harassment or a series of incidents over a period of time.
• It is important also to remember that each case is unique and should be examined in its own context and according to the surrounding circumstances as a whole.
• To enable prevention of  sexual harassment at the workplace, it is critical to  recognize and differentiate between welcome and  unwelcome sexual behaviour.

 Some examples of behavior that constitute sexual harassment at the workplace:

1. Making sexually suggestive remarks or innuendos.
2. Serious or repeated offensive remarks, such as teasing related to a person’s body or appearance.
3. Offensive comments or jokes.
4. Inappropriate questions, suggestions or remarks about a person’s sex life.
5. Displaying sexist or other offensive pictures, posters, mms, sms, whatsapp, or e-mails.
6. Intimidation, threats, blackmail around sexual favors.
7. Threats, intimidation or retaliation against an employee who speaks up about unwelcome behavior with sexual overtones.
8. Unwelcome social invitations, with sexual overtones commonly understood as flirting.
9. Unwelcome sexual advances which may or may not be accompanied by promises or threats, explicit or implicit.
10. Physical contact such as touching or pinching.
11. Caressing, kissing or fondling someone against her will (could be considered assault).
12. Invasion of personal space (getting too close for no reason, brushing against or cornering someone).
13. Persistently asking someone out, despite being turned down.
14. Stalking an individual.
15. Abuse of authority or power to threaten a person’s job or undermine her performance against sexual favours.
16. Controlling a person’s reputation by rumour-mongering about her private life.

Preamble
With regard to the Supreme Court Judgement and guidelines issued in 1997 to provide for the effective enforcement of the basic human right of gender equality and guarantee against sexual harassment and abuse, more particularly against sexual harassment at work places, the University Grants Commission (UGC) has issued circulars since 1998, to all the universities, advising them to establish a permanent cell and a committee; to develop guidelines to combat sexual harassment, violence against women and ragging at the universities and colleges. Keeping the above guidelines in view Bharati Vidyapeeth (Deemed to be University) College of Engineering, Pune has constituted a Committee against Sexual Harassment in 2019-2020.

The institute has committed itself to provide a congenial and conducive atmosphere in which students, teachers and non-teaching staff can work together in an environment free of violence, harassment, exploitation, and intimidation. This includes all forms of gender violence, sexual harassment, and discrimination on the basis of gender. Every member is expected to be aware of the commitment to the right to freedom of expression and association, it strongly supports gender equality and opposes any form of gender discrimination and violence.
The Supreme Court of India, in a landmark judgment in August 1997 stated that every instance of sexual harassment is a violation of “Fundamental Rights” under Articles 14, 15, and 21 of the Constitution of India, and amounts to a violation of the “Right to Freedom” under Article 19 (1)(g). Another Supreme Court Judgment in January 1999 has stated that sexually harassing behavior “needs to be eliminated as there is no compromise on such violations”. The Supreme Court further reiterated that sexual harassment “is a violation of the fundamental right to gender equality and the right to life and liberty”.

The Supreme Court judgment of 1997 makes it obligatory for every employer and other responsible persons to follow the guidelines laid down by the Court and to evolve a specific policy to combat sexual harassment in the workplace. Educational institutions under the ambit of Bangalore university are bound by the same directive. Following this, Bharati Vidyapeeth (Deemed to be University) College of Engineering, Pune, being committed to uphold the Constitutional mandate ensuring the above mentioned human rights, adopted the policy.

Vision

To Provide a Safe Environment and Protection against all forms of sexual harassment and to safeguard the fundamental rights of woman to equality under article 14 and 15 of the constitution of India and the right to live with dignity under article 21 of the constitution of India.

Mission

To create awareness about sexual harassment and to deal with and recommend punishments for the acts of sexual harassment within the campus.

Objectives

To set forth the expectations of conduct and mutual respect in regard to sexual harassment and the process of complaint if these expectations are not met or violated. This will help explain what sexual harassment is and how to deal with the conduct if it arises, to articulate the Organization’s strong opposition to sexual harassment, and to identify penalties that can be imposed for such prohibited conduct.

The main aim of this committee is to establish clearly that this Organization is  committed  to  providing  a work environment that is free from discrimination and harassment in any form. In this respect following objectives are defined:

1) To provide an environment free of gender-based discrimination.
Prevent discrimination and sexual harassment against women, by promoting gender amity among students and employees.

2) Deal with cases of discrimination and sexual harassment against women, in a time bound manner, aiming at ensuring support services to the victimized and termination of the harassment.

3) Recommend appropriate punitive action against the guilty party to the Chairman.

4) To create a secure physical and social environment which will deter acts of sexual harassment

5) Conduct orientation program/ seminars for women employees and girl students to sensitize to be proactive to deal with such discrimination if any.

6) Sensitizing employees about sexual harassment issues.

7) Conduct workshops on Women Saftey.

COMPOSITION of COMMITTEE

The Committee consists of members of the faculty, non-teaching staff and students’ representatives. The members of the committee are:

Role and Responsibility of Anti-Sexual Harassment Committee:

1) Assuring the sexual harassment free academic, work place environment and to prevent sexual harassment by providing protection to women at the workplace.

2) Evolving a permanent mechanism for the prevention, prohibition and redressal of sexual harassment of women at workplace.

3) Promoting a social and psychological environment to raise awareness on sexual harassment in its various forms.

4) Planning and organizing awareness programme on sexual harassment to create a protected physical and social environment to suspend any act of sexual harassment.

5) Receiving complaints if any from member of the institution claiming sexual harassment in the workplace.

6) Any complaint received by the members should be immediately forwarded and this must be notified to other committee members at the earliest and a meeting should be called for discussing the matter.

7) The Committee shall discuss and decide to deal with the case or reject the complaint and recommend to the Institute that no action is required to be taken in the matter

8) The Committee shall proceed to make inquiry into the complaint in accordance with the provisions of the service rules applicable to the respondent considering sexual harassment as misconduct.

9) Ensuring confidentiality with respect to complaints registered and follow up actions.

10) Providing a redressal mechanism for complaints relating to sexual harassment at the workplace.

11) Ensure that the Heads of the Departments discuss and reinforce the policy during department meetings; Provide the policy and other relevant information on sexual harassment to new staff as a standard part of induction; Periodically review the policy to ensure it is operating effectively and contains up to date information.

12) Ensure that complaints processes:

• are clearly documented;
• are explained to all employees;
• offer both informal and formal options for resolution;
• address complaints in a manner which is fair, timely and confidential;
• are based on the principles of natural justice;
• provide clear guidance on internal investigation procedures and record keeping;
  • Give an undertaking that no employee will be victimized or disadvantaged for making a complaint.

Tenure of the Committee

The Committee will work for Five Academic years.

Periodicity of the Meeting

Sexual Harassment Complaints Committee meeting shall be conducted twice in a year or whenever required shall be conducted.

Procedure for Filing Compliant

The aggrieved woman must make a complaint on sexual harassment at the workplace within three months from the date of occurrence of an incident. In case of a series of an incident, within three months from the date of the last incident.

The complaint must be submitted online in the form of a Google Form available on the institute website. The committee also has the powers to extend the time-limit for reporting by not more than two months, if it is satisfied that the circumstances were such which prevented the employee from filing a complaint within the three months.

If an aggrieved woman is unable to make a written complaint by herself on account of her physical incapacity, a complaint can be filed by:

• Her relative or friend.
• Her co-worker.
• An officer of the National Commission for Women or State Women’s Commission.
• Any person who knows about the incident, with the written consent of the aggrieved woman.

If an aggrieved woman is unable to make a written complaint by herself on account of her mental incapacity, a complaint can be filed by:

• Her relative or friend.
• A special educator.
• A qualified psychiatrist or psychologist.
• The guardian or authority under whose care she is receiving treatment or care.
• Any person who knows about the incident jointly with her relative or friend or special education or qualified psychiatrist or psychologist or guardian or authority under whose care she is receiving treatment or care.

Process of Inquiry and Course of Actions

1) On receipt of a complaint, the committee shall conduct preliminary enquiry so as to ascertain the truth of the allegations by collecting the documentary evidence and the recording statements of possible witnesses including the complainant.

2) The committee shall then submit the preliminary enquiry report to the Principal within 60 days from the date of complaint, along with all the original documents collected during the preliminary enquiry proceedings.

3) In case the allegations are not in the nature of sexual harassment, the committee may refer such complaints to the Grievance Redressal Cell or the other sections concerned.

4) If the allegations are proved true, then the committee may suggest any of the following possible actions to the Chairman, on the person who has made the crime and accordingly the action may be taken within 30 days after the complaint investigation report has been submitted and the allegations are proved to be true..

The actions may include:

• Warning
• Written Apology
• Bond of good behavior
• Adverse remark in the Confidential Report
• Stopping of increments/ Promotion
• Any other relevant actions

5) If the committee concludes that the allegations made were false, malicious or the complaint was made knowing it to be untrue or forged, or misleading information has been provided during the inquiry, the complainant shall be liable to be punished as per the relevant provision of the UGC Regulations 2015.

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