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The Sexual Harassment of Women at Workplace
(Prevention, Prohibition and Redressal) Act, 2013 (14 of 2013)

This Act of Parliament received the assent of the President of the 22nd April 2013.
On the 24th October 2015, the Working Committee constituted the Auroville Internal Complaints Committee (ICC).

Basic Rights

Sexual Harassment is a violation of fundamental rights of a woman:

• To equality.
• To life and to live with dignity.
• To practice any profession or carry on any occupation, trade or business (includes a right to a safe environment free from sexual harassment)

No woman shall be subjected to sexual harassment at any workplace.
This law is not pro female or anti-male.
It is anti sexual harassment.

What is sexual harassment

What is sexual harassment

• Unwelcome act or behavior (whether directly or indirectly or by implication) which include any one or more of the following: - Physical contact and advances - A demand or request for sexual favors - Making sexually coloured remarks - Showing pornography - Any other unwelcome physical, verbal or non-verbal conduct of sexual nature

what is sexual Harassment

• These circumstances, implied or explicit, may also amount to sexual harassment: - Promise of preferential treatment in her employment - Threat of detrimental treatment in her employment - Threat about her present or future employment status - Interference with her work - Creating an intimidating, offensive or hostile work environment - Humiliating treatment likely to affect her health and safety

examples of sexual conduct

Physical

• Stroking, patting, hugging, kissing.
• Touching a person’s body, hair or clothing.
• Massaging a person’s neck, shoulders etc…
• Brushing up against a person

Verbal

• Making sexually offensive comments or jokes
• Making sexual comments about a person’s clothing, body or looks
• Turning work discussions to sexual topics

Examples of non-verbal sexual conduct

• Making facial expressions such as throwing kisses, licking lips, winking
• Making sexually connotative gestures with hands
• Making sexually connotative body movements
• Showing pornography
• Staring at someone
• Invading a person’s body space - standing closer than is appropriate or necessary for the work being done.

filing a complaint

If you are subjected to sexual harassment at Auroville you can approach the Auroville Internal Complaints Committee (ICC)

workplace in auroville

• Any service, unit or legal entity established in Auroville, including: - Offices - Schools - Entertainment facilities - Therapy and health services - Sports complexes Any place visited by the employee arising out of or during the course of employment, including transport provided by the employer.

aggrieved woman, respondent, employee

• Aggrieved Woman (AW): a woman, of any age, whether employed or not, who alleges to have been subjected to sexual harassment.
• Respondent: a person against whom the aggrieved woman has made a complaint.
• Employee: a person employed at a workplace for any work on a regular, temporary, ad hoc or daily wage basis directly or indirectly, with or without knowledge of the principal employer whether terms of employment are expressed or implied for remuneration or not working on a voluntary basis or not

complaint- by whom?

By the Aggrieved Woman. Nobody other than the aggrieved woman can submit a complaint.

exceptions

• Physical Incapacity
• Mental Incapacity
• When the AW is dead

exception 1: Physical incapacity

• Where the AW cannot file due to physical incapacity, certain persons such as relatives, friends co-workers, any person having knowledge of the incident may also file the complaint with written consent from the AW.

Exception 2: mental incapacity

• Where the AW cannot file due to mental incapacity, persons such as relatives, friends, psychiatrist, guardians etc, any personal having knowledge of the incident may also file the complaint jointly with above mentioned relatives, friends, guardian etc…

exception 3: when the A.w. is dead

• Where the AW is dead a complaint may be filed by any person with knowledge of the incident with written consent provided by her heir.

complaint- how?

The Aggrieved Woman (AW) must submit to the Auroville ICC a written and signed complaint including:
- 6 copies with original signature of AW on each copy
- Copies of all documents mentioned in the complaint, including names and addresses of witnesses

complaint- when?

The complaint must be submitted within 3 months from the date of the incident.
In case of a series of incidents, 3 months from the last incident.
The ICC can extend this period for another 3 months in case the circumstances prevented timely complaint

after filing a complaint

The ICC will send a copy of the complaint to the respondent within 7 working days.
The Respondent will file his reply to the complaint, including his list of documents, names and addresses of witnesses within 10 working days.

inquiry process

• ICC hear both parties and their witnesses
• ICC may recommend some interim measure to be taken to secure the safety of AW
• Workplace must implement the recommendations
• Inquiry to be completed within 90 days

termination before completion

• The ICC may terminate the inquiry proceedings if the - Complainant fails to present herself for 3 consecutive hearings (with 15 days prior notice in writing to complainant). - Respondent fails to present him/herself for 3 consecutive hearings. (with 15 days prior notice in writing to respondent).

conciliation

• Conciliation proceedings are made available by ICC if requested by the Aggrieved Woman
• Monetary settlement shall not be basis of settlement
• Record settlement and inform the Employer
• Send copies to parties
• No further inquiry by ICC unless settlement is violated

no legal presentation

• No legal presentation is allowed at any stage in the proceedings before the ICC.

powers of the icc

• Powers of the ICC are similar to those of a Civil Court. ICC can: - Summon and enforce attendance - Examine under oath - Require discovery and production of documents. The WC must assist the ICC to secure the attendance of parties and make information available

interim measures

• During pendency of inquiry, the Aggrieved Woman may submit a written request to the ICC, who in turn may decide: - Transfer of Aggrieved Woman or Respondent to any other workplace - Grant the AW up to 3 months leave in addition to other leave she would be entitled to. The employer must implement these measures

disciplinary measures

• Where the ICC arrives at the conclusion that the allegation against the Respondent has been proved, it may decide any of the following: - Take action for sexual harassment as a misconduct under service rules - Written apology - Warning - Reprimand or censure - Withholding of promotion - Withholding of increments - Termination of service - Undergoing of counseling sessions - Carrying out of community service - Deduct from Salary or wages such sum to be paid to the AW/her legal heirs - Compensation paid to the AW

malicious complaints

• The ICC may decide taking action against the woman or person who has made the false complaint or produced forged or misleading documents.

ensuring confidentiality

• The following shall not be disclosed: - Identity and address of the AW, Respondent or witnesses - Contents of the complaint - Information relating to the Conciliation - Information relating to the Inquiry proceedings - Recommendations of the ICC - Action taken by the Workplace

breach of confidentiality

• Contravention by anyone entrusted to deal with or handle the complaint, inquiry, recommendations or action to be taken may be fined up to Rs. 5000.

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• Filing to ICC is a disciplinary process under the Act
• This Act is in addition to other laws and regulations and a guilty party may be penalized under several laws
• Sexual Harassment, stalking, insulting the modesty of women are also, separately, crimes under the IPC, punishment includes rigorous imprisonment up to 3 years, or fine or both.

auroville policy

Auroville has a zero tolerance policy towards sexual harassment and strives to provide a safe environment in Auroville in general and at workplace in particular

icc members

• On the 24th October 2015, the Working Committee constituted the Auroville Internal Complaints Committee (ICC). - Anandamayi Legrand- Madhuca community - Anbu- AVAG - Bridget- Thamarai/ Creativity community - Niva- Koodam/ Realization community - Srijita- AV Security/ Matrimandir Nursery - Suriygandhi- AV Dental Centre/ Djaima - Yuval- Utility

CONTACT INFORMATION

Cell: 769305678
e-mail: icc@auroville.org.in
Office: Koodam, Kailash Building