Sexual harassment is a form of discrimination which we all have a responsibility to eliminate — it causes major problems in the working environment and can have an adverse effect on the competence, morale and performance of those affected by it.
The Central Government has passed an Act ‘The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013’ (SHOWAW Act, 2013), which provides protection against sexual harassment of women at workplace and for redressal of any complaints connected therewith and incidental thereto.
Pursuant to the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, the University Grants Commission (Prevention, Prohibition and Redressal of Sexual Harassment of Women Employees and Students in Higher Educational Institutions) Regulations, 2015 have been notified and made applicable to all higher educational institutions in India.
A1. 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—
In terms of the Provisions of SHOWAWAct, 2013 and the UGC (Prevention, Prohibition and Redressal of Sexual Harassment of Women Employees and Students in Higher Educational Institutions) Regulations, 2015, VMSIIHE has constituted an Internal Complaints Committee to provide for all women who fall within its jurisdiction free from sexual harassment, intimidation and exploitation. The Members of the Internal Complaints Committee shall hold office for such a period not exceeding three years from the date of their nominations.
The members of the said Committee shall be made aware of their responsibilities and shall be sensitized about gender issues. In case a complaint is received against a member of the complaints committee, the Management of VMSIIHE shall appoint another member by issuing a notification to that effect, till such time that the complaint is addressed.
About third party (by an outsider) harassment if such an incident has occurred within or outside the premises of the institute during the course of the employment or any activity of the institute.
(1) Anyone found guilty of sexual harassment shall be punished in accordance with the service rules of the HEI, if the offender is an employee.
(2) Where the respondent is a student, depending upon the severity of the offence, the HEI may,-
(3) The aggrieved person is entitled to the payment of compensation. The HEI shall issue direction for payment of the compensation recommended by the ICC and accepted by the Executive Authority, which shall be recovered from the offender. The compensation payable shall be determined on the basis of-
(4) The contents of the complaint, the identity of the parties and witnesses, information relating to conciliation and inquiry proceedings, recommendations of the Internal Committee and action taken by the Management of VMSIIHE shall not be published, communicated or made known to the public and media in any manner. The Management of VMSIIHE shall recover an amount of Rupees five thousand from person who makes any information known to the others in any manner with regard to such complaint filed by the party.
To ensure that the provisions for the protection of employees and students from sexual harassment do not get misused, provisions against false or malicious complaints have to be made and publicised within all HEIs. If the ICC 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 provisions of sub-regulations (1) of regulations 10, if the complainant happens to be an employee and as per sub-regulation (2) of that regulation, if the complainant happens to be a student. However, the mere inability to substantiate a complaint or provide adequate proof will not attract attention against the complainant. Malicious intent on the part of the complainant shall not be established without an inquiry, in accordance with the procedure prescribed, conducted before any action is recommended.
(1) The Commission shall, in respect of any institution that will fully contravenes or repeatedly fails to comply with the obligations and duties laid out for the prevention, prohibition and redressal of sexual harassment of employees and students, take one or more of the following actions after providing due notice:
(2) No action shall be taken by the Commission under these regulations unless the Institution has been given an opportunity to explain its position and an opportunity of being heard has been
The Internal Complaints Committee shall prepare an Annual Report mentioning number of complaints received, number of complaints disposed of, number of cases pending for more than ninety days, number of workshops and awareness programme against sexual harassment carried out, nature of action taken by the employer in a year.
As a part of its duties, the committee shall