UNIVERSITY GRANTS COMMISSION 

(Prevention, Prohibition, Redressal of Sexual Harassment of Women Employees and Students in Higher Educational Institutions) Regulations 2015

INTERNAL COMPLAINTS COMMITTEE

Shibpur Dinobundhoo Institution (College)

The Constitution of India provides for equality of status and opportunity as well as the right to live with personal liberty and human dignity. These mandates make the right to have a safe workplace and educational institution campus a legal right, and sexual harassment at the workplace is a gross violation of it. This interpretation of the constitutional framework was done by the Supreme Court in the case of Vishaka vs. State of Rajasthan, through which the historical Vishaka Guidelines came into being. These guidelines later formed the roots and basis for the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (POSH Act), and the University Grants Commission (Prevention, prohibition and redressal of sexual harassment of women employees and students in higher educational institutions) Regulations, 2015 (UGC Regulations).

Aggrieved woman: Any woman who reports to have been subjected to any act of sexual harassment by any person employed by an organisation, or the employer themselves. The woman doesn’t necessarily have to be employed in that particular organisation to seek redressal.

Campus: Anything and everything that is on the land of the Higher Educational Institution is covered under the term “campus”. This includes, but is not limited to - libraries, laboratories, lecture halls, hostels, dining halls, bank counters, parking areas, playground etc. Any places visited by a person as a student of the HEI, including the transportation provided for the purpose of their commute to and from the institution is also covered under the scope of “campus” even though the location may be outside the institution. Hence, student visits like field trips, internships, study tours, placements, cultural festivals, sports meet and other such activities where the person is participating in the capacity of an employee or a student of the HEI, is covered under the ambit of “campus”, giving the term a comprehensive meaning.

Employee: The POSH Act and the UGC Regulations have kept the definition of “Employee” quite broad. Here’s who are covered under it - A person doing any kind of work for a company/organisation. Interns/ volunteers/whether paid/ unpaid. Trainee, apprentice, teaching assistants, research assistants, whether employed or not, including those involved in field studies, projects.

Employer: “Employer” is basically the biggest “boss” in any organisation or institution - anyone who is responsible for the management, supervision and control of the workplace. Hence, for universities, it would be VC/Registrar, and for a college, it would be the Dean/Principal. 

Higher Educational Institution (HEI): Any University, College or Institution deemed to be a university recognised under the University Grants Commission Act, 1956 is a Higher Educational Institution. While it may sound technical, what needs to be remembered is the fact that it is mandatory for ALL educational institutions to set up an Internal Complaints Committee (ICC) to look into the complaints of sexual harassment.

Student: The term “student” covers - Current student - pursuing any course in the HEI through either regular or distance mode, including both short- and long-term training programs. Future student - in the process of taking admission in the HEI, but not yet enrolled. Deemed student - any student who is a participant in any activities in an HEI other than HEI where the student is enrolled. For example - a student from x university participating in the cultural festival in y university, may be deemed to be a student of y university for the period of such participation.

Workplace: Workplace means the campus of Higher Educational Institution including any department, establishment, office etc. funded by and the HEI, or any sports institute, stadium etc used for activities related to the HEI. It also includes any place visited by an employee or student during the course of their employment or study including transportation provided by the Executive Authority. The definition of “workplace” just like the definition of “Employee” is quite broad. Whoever the complaint is filed against, it needs to be ensured that the institution is their workplace (in case of students, their respective universities, colleges or institutions can be considered as their workplace, unless it’s a third-party harassment.

Details of the Presiding Officer

Helpline Phone Nos.

College Dedicated Phone No. & e-mail ID

Composition

Sexual harassment can be understood as an unwanted conduct with sexual undertones if it occurs or which is persistent and 

· which demeans, humiliates or creates a hostile and intimidating environment 

· is calculated to induce submission by actual or threatened adverse consequences 

Acts of Sexual harassment includes one or all of the following unwelcome acts or behaviour, whether directly or by implication 

· Physical contact or advances 

· A demand or request for sexual favours 

· Making sexually coloured remarks 

· Showing pornography or asking if you want to see pornography 

· Any other unwelcome physical, verbal or non-verbal conduct of sexual nature. 

Acts of Sexual Harassment at the Workplace: Sexual Harassment at Workplace includes one or more of the following circumstances with explicit or implicit sexual undertones 

· Implied or explicit promise of preferential treatment in her employment. 

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

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

· Interference with her work or creating an intimidating/ offensive/hostile work environment for her. Humiliating treatment likely to affect her health, safety or integrity.

Penal Consequences Of Sexual Harassment:

compensation:

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-

1. mental trauma, pain, suffering and distress caused to the aggrieved person;
2. the loss of career opportunity due to the incident of sexual harassment;
3. the medical expenses incurred by the victim for physical, psychiatric treatment;
4. the income and status of the alleged perpetrator and victim; and
5. the feasibility of such payment in lump sum or in installments.

Where the respondent is a student, depending upon the severity of the offence, the HEI may,-

1. withhold privileges of the student such as access to the library, auditoria, halls of residence, transportation, scholarships, allowances, and identity card;
2. suspend or restrict entry into the campus for a specific period;
3. expel and strike off name from the rolls of the institution, including denial of readmission, if the offence so warrants; and
4. Award reformative punishments like mandatory counselling and, or, performance of community services.

Action against frivolous complaint:

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 publicized 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.