Prevention

of Sexual
Harassment
at Workplace
Policy POSH
 PREVENTION OF SEXUAL HARASSMENT AT WORKPLACE POLICY

Ref No KSCF/POSH Date of Issue 1-April-2021

Version No 1.1 Document HR

Owner

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Contents

1. Introduction.................................................................................................................... 3

2. Purpose ......................................................................................................................... 3

3. Scope & Applicability ..................................................................................................... 3

4. Important Definitions...................................................................................................... 4

5. Procedures and Guidelines ........................................................................................... 6

6. Roles & Responsibilities of IC ......................................................................................13

7. Misconduct and Retaliation ..........................................................................................14

8. Modification and Review of Policy ................................................................................15

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1. Introduction

1.1 Kailash Satyarthi Children’s Foundation (“KSCF” or the “Organization”) aims at

highest ethical and moral standards in the professional and personal life of all
associates. The Organization aspires to provide an environment of holistic
development, freedom of exchange of ideas and thoughts; constant personal and
professional growth;
1.2 Organization being an equal opportunity employer strives to provide an environment
where everyone feels secure, safe and free from any kind of harassment, sexual or
otherwise;
1.3 The protection against Sexual harassment and the right to work with dignity are
universally recognized human rights under various international instruments especially
UN Convention on the Elimination of all Forms of Discrimination Against Women;
1.4 Sexual harassment is a violation of the fundamental rights of a woman to equality as
per Articles 14, 15 and right to live with dignity as mentioned under Article 21 of the
Indian Constitution;
1.5 This Policy against Sexual harassment at the workplace has been made and adopted
in addition to; and not in abrogation of the Sexual Harassment of Women at Workplace
(Prevention, Prohibition and Redressal) Act 2013 (“Act”) or any other law in place. The
procedure under this does not take away the right of any individual to take recourse
under any other law in the Country. It is termed as Organization’s Policy against Sexual
Harassment of Women at Workplace and shall hereinafter be referred to as “this Policy”.

2. Purpose

The purpose of this Policy is to provide protection against Sexual harassment at

workplace, its prevention, prevention and redressal of complaints related to Sexual
harassment. The intent of this Policy is to create and establish a safe and amicable
atmosphere/environment for all. The Organization is an equal opportunity employer,
therefore, the Policy shall be applicable to any instance of Sexual harassment;
regardless of gender.

3. Scope & Applicability

This Policy extends to all employees, including individuals coming to the workplace for
employment or for any other purpose whatsoever including but not limited to network
partners, donor, volunteer, trainee, workmen (contractual or otherwise), vendor,
supplier and applies to any alleged act of Sexual harassment against persons at
workplace, whether the incident has occurred during or beyond office hours. The
Organization has a “Zero Tolerance” towards all such cases.

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4. Important Definitions

4.1 “Aggrieved woman” means in relation to a workplace, a woman, of any age whether
employed or not, who alleges to have been subjected to any act of Sexual harassment
by the respondent. The term aggrieved person (man or woman) shall be construed
accordingly;

4.2 “Complainant” shall include any aggrieved woman/person {including a representative

as more fully described under Rule 6 of the Sexual Harassment of Women at Workplace
(Prevention, Prohibition and Redressal) Rules, 2013, if the aggrieved woman/person is
unable to make a complaint on account of physical or mental incapacity or death or
otherwise} who makes a complaint alleging Sexual Harassment under this Policy;

4.3 “District Officer” means on officer notified under section 5 of the Act;

4.4 “Employee” as defined under the Act and means a person employed with the
Organization for any work on permanent, temporary, part-time, ad-hoc or daily wage
basis, either directly or through an agent, including a contractor, who, 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 expressed or
implied and includes a co-worker, a contract worker, volunteer, probationer, trainee,
apprentice or called by any other such name.

4.5 “Employer” means person who are responsible for management, supervision and
control of the workplace including appointment/removal/termination of employees,
formulation and administration of polices for such Organization and will include CEO,
COO, Executive Director, Director, Management Committee or the Board of Trustees;

4.6 “Internal Committee” means and include an Internal Complaints Committee constituted
for the purposes of conducting an inquiry into any complaint of sexual harassment at
workplace;

4.7 “Member” means a member of the Internal Committee;

4.8 “Presiding officer” means the presiding officer of the IC and shall be a woman employed
at a senior level at the workplace amongst the employees;

4.9 “Parties” means collectively the complainant and the respondent;

4.10 “Respondent’ means a person against whom a complaint of sexual harassment has
been made by the aggrieved woman;

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4.11 “Sexual harassment” includes any one or more of the following unwelcome acts or
behavior (whether directly or by implication) namely:

i. physical contact and advances involving unwelcome and explicit sexual

overtures; or
ii. a demand or request for sexual favours; or
iii. making sexually coloured remarks; or
iv. any verbal, non-verbal, or physical conduct such as loaded comments,
remarks or jokes, letters, phone calls, short media services (SMS),
multimedia services (MMS) or e-mail, gestures, showing of pornography,
lurid stares, physical contact or molestation, sounds or display of a
derogatory nature; or
v. Repeatedly asking to socialize during off-duty hours or continued
expressions of sexual interest against a person’s wishes;
vi. Giving gifts with an intention of sexual or physical advances;
vii. Eve teasing, innuendos and taunts, physical confinement against one’s will
or any such act;
viii. Persistent watching, following, contacting of a person; and
ix. The following circumstances, among other circumstances, if it occurs or is
present in relation to, or connected with any act or behavior of Sexual
harassment may amount to Sexual harassment:
• Implied or explicit promise of preferential treatment in employment; or
• Implied or explicit threat of detrimental treatment in employment; or
• Implied or explicit threat about the present or future employment
status; or
• Interference with work or creating an intimidating or offensive or
hostile work environment for the person; or
• Humiliating treatment affecting any person’s health or safety.

4.12 Workplace shall mean and include:

• All offices and other premises where the Organization’s operates;
• All Organization related activities performed at any other site away from
the Organization’s premises;
• Any Organization’s social, business or other functions where the conduct
or comments may have an adverse impact on the workplace or workplace
relations;
• An alleged act of Sexual Harassment committed during or outside of office
hours falls under the purview of this Policy. Any mis-behaviour (sexual
harassment) on any social networking website shall also be considered
Sexual harassment at Workplace irrespective of whether such sexual
behaviour was shown during or outside of office hours;

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 • Any place visited by the Associate arising out of or during the course of
employment including transportation provided by the Employer for
undertaking such journey.

5. Procedures and Guidelines

As per the Act, the obligation to constitute an Internal Complaints Committee lies on an
employer where 10 or above employees are deployed at the workplace.

5.1 Composition of Internal Committee

5.1.1. Pursuant to the relevant provisions of the Act, an Internal Complaints Committee
(“IC”) has been constituted to prevent sexual harassment and to receive and effectively
deal with complaints pertaining to the same.

5.1.2. The Presiding Officer and every member of the IC shall hold office for such period, not
exceeding three years, from the date of their nomination, as may be specified by the
Organization. The IC will be composed of the following members:

S. 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 From amongst Employees committed to the cause of
(minimum) women/having legal knowledge/experience in social
work

3. 1 External From amongst NGO/associations committed to the

Member cause of women or a person familiar with the issue of
Sexual Harassment

The details and credentials of IC Committee members are displayed at conspicuous

places in the Organization.

5.2 Complaint of Sexual Harassment

Who can File a Complaint?

5.2.1. An Aggrieved Person or Complainant who alleges to have been subjected to
any act of Sexual harassment can file a complaint. The complaint needs to be

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 submitted along with any documentary evidence available or names of witnesses,
to any of the IC Members at the Workplace;

Against whom can the Complaint be filed

5.2.2. The Complainant can file complaint against an Employee of the Organization
against whom he/she makes an allegation of Sexual harassment.

Procedure of Complaint
5.2.3. The complaint must be lodged within 3 months from the date of incident/last
incident. However, the IC may, for reasons to be recorded in writing, extend such
time limit of filing complaint up to further 3 months, if it is satisfied that bonafide
circumstances prevented the Aggrieved woman/Complainant from filing complaint
within the time limit mentioned hereinabove. The complaint should clearly mention
name and available details of both the Aggrieved woman/person and the
Respondent. Anonymous or pseudonymous complaints will not be investigated;
5.2.4. Where such a complaint cannot be made in writing, the Presiding Officer or any
Member of the IC shall render all reasonable assistance to the Aggrieved woman
for making the complaint in writing;

5.2.5. If the Aggrieved woman/person is unable to lodge the complaint on account of

physical or mental incapacity, the following may do so on their behalf, with their
written consent:
• Legal heir, relative or friend;
• Co-worker; or
• Any person having the knowledge of the incident with the written
consent of the Aggrieved woman/person;
• An officer of the National Commission for Women or State
Women’s Commission; or
• Special educator;
• Qualified psychiatrist or psychologist; or
• Guardian or authority under whose care he/she is receiving
treatment.
If the Aggrieved woman/person for any other reason is unable to make a complaint,
a complaint may be filed by any person who has knowledge of the incident, with her
written consent.

5.2.6. If the initial complaint is made to a person other than an IC Member, upon
receiving such a complaint, it will be the responsibility of the complaint receiver to
report the same to the IC immediately;

5.2.7. The Complainant shall submit six copies of the complaint accompanied by
available supporting documents and relevant details concerning the alleged act of

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 sexual harassment(s) including names and address of witnesses, if any; which the
Complainant believes to be true and accurate.

5.3 Redressal Process

5.3.1. Conciliation:
Before the IC initiates an inquiry, the Complainant may request the IC to take steps
to resolve the matter through conciliation provided that no monetary settlement
shall be made as basis of conciliation. If a settlement has been so arrived, the IC
shall record the same and forward the same to the Employer and provide copies
of the settlement to the Aggrieved woman/person and the Respondent. In such
cases, no further inquiry shall be conducted by the IC

5.3.2. Inquiry
i. In case where a settlement was not opted for, or is not feasible, or could not
be arrived at through conciliation (as per clause 5.3.1 above), the IC will
initiate an informed inquiry into the complaint. Additionally, an inquiry may
also be initiated if the Aggrieved woman/person informs the IC that any terms
of settlement (clause 5.3.1 above) have not been complied with by the
Respondent;
ii. The IC shall, within 7 (seven) working days of receiving the complaint forward
one copy thereof to the Respondent for obtaining a response;
iii. The Respondent shall, within 10 (ten) working days of receiving the
complaint file his/her reply to the complaint along with list of supporting
documents, names and addresses of witnesses;
iv. The IC shall consider the reply from the Respondent and initiate an inquiry.
The Complainant or the Respondent to the complaint shall not be allowed to
bring any legal practitioner to represent them at any stage of the proceedings
before the IC. IC shall hear both the Complainant and the Respondent on
date(s) intimated to them in advance and the principles of natural justice will
be followed accordingly;
v. In the event of failure to attend personal hearing before IC by the
Complainant or the Respondent on three consecutive dates (intimated in
advance) without sufficient cause, the IC shall have the right to terminate the
inquiry proceedings or give an ex-parte decision. However, the IC shall serve
a notice in writing to the party(ies), 15 (fifteen) days in advance, before such
termination or the ex-parte order;
vi. The inquiry process shall be completed within the period of 90 (ninety) days
from the date of receipt of the complaint;
vii. The IC within 10 (ten) days from the date of completion of inquiry, shall
provide a report of its findings and recommendation(s) to the Director HR and
Management Committee of the Organization and such report and

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 recommendation(s) shall also be made available to the Complainant(s) and
Respondent(s);
viii. While conducting the inquiry, a minimum of three Members of the IC,
including the Presiding Officer or the Chairperson, as the case may be, shall
be present;
ix. For the purpose of making an inquiry by the IC, the IC shall have same
powers as are vested in a civil court the Code of Civil Procedure, 1908 (5 of
1908) when trying a suit in respect of the following matters, namely:
(a) summoning and enforcing the attendance of any person and examining
him on oath;
(b) requiring the discovery and production of documents; and
(c) any other matter which may be prescribed.
x. Where the conduct of Sexual harassment amounts to a specific offence
under the Indian Penal Code4 (45 of 1860) or under any other law; it shall be
the duty of IC to immediately inform the Complainant of their right to initiate
action in accordance with law with the appropriate authority, and to give
advice and guidance regarding the same. Any such action or proceedings
initiated shall be in addition to proceedings initiated and/or any action taken
under this Policy.
xi. Complaint and identity of Complainant or witness shall always remain
confidential.

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5.3.3. Interim Relief

i. During pendency of the inquiry, on a written request made by the

Complainant, the IC may recommend to the Employer to:
• Transfer the Aggrieved woman/person or the Respondent to any other
workplace; or
• Grant leave to the Aggrieved woman/person of maximum 3 months,
in addition to the leave she would be otherwise entitled; or
• Grant such other relief to the Aggrieved woman/person as may found
to be appropriate; or
• Restraint the Respondent from reporting on the work performance of
the Aggrieved woman/person

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 ii. Once the recommendation of interim relief is implemented, the Manager -
HR/Management Committee shall inform IC regarding the same;

iii. In case the Aggrieved woman/person has raised a complaint against the
reporting manager, the reporting manager cannot conduct any performance
discussion or any other related discussion with him/her which can impact
his/her performance till such time that the inquiry is completed. During the
pendency of an inquiry, the Aggrieved woman/person shall not be subjected
to interaction with the Respondent in any manner

5.3.4. Prohibition on disclosure of information

This Policy and the law prohibits any person, including IC Members from
publishing, communicating or making known to the public, press and media in any
manner, contents of the complaint, the identity and addresses of the Aggrieved
woman/person, Complainant, Respondent and witnesses, any information relating
to conciliation and inquiry proceedings, or recommendations of the IC during the
proceedings under the provisions of the Act. Any violation thereto shall also be
subject to applicable disciplinary action as outlined in Organization’s Code of
Conduct.

5.3.5. Considerations while preparing inquiry report

While preparing the findings/recommendations, following shall be considered:
i. Whether the language used (written or spoken), visual material or
physical behavior/Nature of Action/Intent of Individual was of sexual or
derogatory nature;
ii. Whether the allegations or events follow logically and reasonably from
the evidence;
iii. Credibility of Complainant, Respondent, witnesses and evidence;
iv. Other similar facts, evidence, for e.g. if there have been any previous
accounts of harassment pertaining to the respondent;
v. Both Parties have been given an opportunity of being heard;
vi. Copy of the proceedings were made available to both Parties enabling
them to make representation against the findings;

5.3.6. Action to be taken after inquiry

On completion of an Inquiry, the IC shall provide a written report of its findings to
the Organization within a period of ten (10) days from the date of completion of the
Inquiry and such report shall be made available to the Parties.

5.3.7. Complaint unsubstantiated

Where the IC arrives at the conclusion that the allegation against the Respondent
has not been proved, it shall recommend to the Employer that no action is required

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to be taken. Further, the IC shall ensure that both Parties understand that the
matter has been fully investigated, is now concluded and neither will be
disadvantaged within the Organization.

5.3.8. Complaint substantiated

Where IC arrives at a conclusion that the allegation against the Respondent has
been proved, it shall recommend to the Employer to take necessary action for
Sexual harassment as misconduct, in accordance with the applicable service rules
and policies, and this may include:

i. Deduction from the salary or wages of the Respondent such sum as it may
consider appropriate to be paid to the Aggrieved woman/person or to their
legal heirs. In case the Organization is unable to make deductions from the
salary of the Respondent due to his being absent from duty or cessation of
employment, it may direct the Respondent to pay such sum to the Aggrieved
woman/person. In case the Respondent fails to pay the sum, the IC may
forward the order for recovery of the sum as an arrear of land revenue to the
concerned district officer;
ii. Undergoing counseling session;
iii. Censure or reprimand to the Respondent;
iv. Written apology from the Respondent;
v. Written warning may be given to the Respondent;
vi. Withholding promotion and/or increments;
vii. Immediate transfer or suspension without pay;
viii. Termination;
ix. Carrying out community service; or
x. Any other action that the Management may deem fit.

The Employer shall act upon/implement the recommendations within 60 days and
confirm to the IC.

5.3.9. Malicious Allegations

This Policy has been adopted to ensure appropriate redressal of complaints of
Sexual harassment. Where IC arrives at the conclusion that the allegation against
the Respondent is malicious or the Aggrieved woman/person or any other person
making the complaint has made the complaint knowing it to be false or, have
produced any forged or misleading document, it may recommend to the Employer
to take action against the Aggrieved woman/person or the Complainant upto; and
including termination. IC may recommend the Organization to take suitable actions
against the Complainant who has made the complaint, in accordance with the
provisions of the applicable service rules or may include the following actions:

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 i. A written apology from the Complainant;
ii. A letter of warning may be given to the Complainant;
iii. Reprimand or censure the Complainant;
iv. Withholding the promotion;
v. Withholding of pay rise or increments;
vi. Immediate transfer or suspension without pay;
vii. Termination from service;
viii. Undergoing a counselling session; or
ix. Carrying out community service

While deciding, the IC should ensure that malicious intent must be clearly
established through a separate inquiry.

5.3.10. Appeal
Any person aggrieved by the recommendation of IC may prefer an appeal within
a period of ninety (90) days of the recommendations under the relevant
provisions of the Act and Rules thereunder.

5.3.11. Annual Reports

The IC shall, for each calendar year prepare an Annual report and submit the
same to the Organization and the District Officer (designated as per the Act) by
January 31st of the subsequent calendar year.

6. Roles & responsibilities of IC

The role of IC is to create awareness about prevention of Sexual harassment, carry out
a fair and informed inquiry into Sexual harassment complaints and recommend
appropriate actions thereafter. An IC is expected to be trained in skill and capacity and
also be sensitive to the issue. Any personal biases, prejudices (whether based on
gender, caste, class) and stereotypes (e.g., predetermined notions of how a “victim” or
“accused” should dress up or behave) should not impact their functioning as members
of the IC.

6.1 Awareness and Gender Sensitization

(i) Publish the Policy (in Hindi as well as in English) in the Organization;
(ii) Organize workshops and awareness programs pertaining to Policy, sensitizing
and the reporting mechanisms;
(iii) Create and ensure a safe environment free of Sexual harassment at the
Workplace;

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 (iv) Conspicuous display of the excerpts of the Policy, details of the IC members
and the consequences of Sexual harassment;
(v) Treating Sexual harassment as misconduct and assisting employees in
reporting incidents of Sexual harassment;
(vi) ICC shall have the necessary powers to take suo motu notice of incidents of
Sexual harassment and/or gender injustice in the Organization and act against
the same in such manner as it deems appropriate;
(vii) Create awareness about issues of gender and sexuality and ensuring an
enabling environment of gender justice where all can work together with a
sense of personal security and dignity;
(viii) Organize annual orientation/seminars/refreshers on the nature and scope of
the Act. This may also include seminars/workshops/interactive sessions by
external experts.

6.2 Remedial and Inquiry

(i) Be thoroughly prepared, know the Act, Policy and/or relevant Service Rules of
the Organization;
(ii) Ensure parties are made aware of the process and their rights/responsibilities
within it;
(iii) Ensure that the reporting mechanisms are safe, accessible, and sensitive;
(iv) To take cognizance of Sexual harassment complaints, conduct enquiries,
analyze information, provide assistance and redressal to the victims, prepare
report with findings/recommendations, and take immediate action against the
alleged offender, if necessary;
(v) Recommend the Organization to provide assistance to the Complainant if she
chooses to file a complaint in relation to the offence under the Indian Penal
Code or any other law for the time-being in force;
(vi) Recommend the Organization to provide medical intervention with the consent
of the Complainant or even without consent in such cases where the
Complainant is physically or mentally incapacitated to give her consent;
(vii) Inform the Organization to arrange for appropriate psychological, emotional,
and physical support (in the form of counselling, security and other assistance)
to the victim if s/he so desires;

7. Misconduct and Retaliation

7.1 This Policy shall treat Sexual harassment by an associate as a disciplinary offence,
which will result in disciplinary action, up to and including termination. Breach of
confidentiality, victimization or retaliation against an associate for bringing a

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 complaint of Sexual harassment or against any witness who meets the IC to share
their observations in good faith shall also be treated as a disciplinary offence.

7.2 The Policy strictly prohibits any sort of retaliation, discrimination or victimization
of/against the Complainant or the witnesses. Any threat or act of reprisal against the
Complainant or the witnesses, during or after the inquiry process, including internal
interference, coercion and restraint, whether directly or indirectly, will result in
appropriate action against the person responsible for such threat or act, by the
Employer.

However, the information may be disseminated regarding the justice secured to any
victim without disclosing the name, address, identity or any other particulars
calculated to lead to the identification of the Complainant, Respondent or witnesses.

8. Modification and Review of Policy

The Organization reserves the right to modify and/or review the provisions of this Policy
from time to time, in order to comply with applicable legal requirements or internal
policies, to the extent necessary.

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