Internal Complaints CommitteeThe Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act, 2013 (Dec 9, 2013)
Sexual harassment of women at organization includes, but is not limited to, the following acts:
Physical contact and advances
Demand or request for sexual favors
Sending obscene mails, messages etc.
Showing any pornography, or
Any other unwelcome physical, verbal or non-verbal conduct of a sexual nature
Constitution of Internal Complaints Committee (ICC)-SHW for considering complaints of sexual harassment of women employees at NIT Andhra Pradesh:
In compliance with the instructions of National Commission for women and guidelines issued in implementation of the directives of Hon'ble Supreme Court Judgement dated 13th August, 1997 in the case of Visakha and others vs. State of Rajasthan and Others on the subject of sexual harassment of women in the workplace, the institute had duly constituted a Complaint Committee for considering complaints of sexual harassment of women working in the National Institute of Technology Andhra Pradesh. The composition of the Complaints Committee was revised subsequent to transfer etc. of the existing Chairperson/Member. This Committee in the NIT Andhra Pradesh has been constituted on 11th October, 2019 for considering complaints of sexual harassment of women employees.
The Main objectives of the Internal Complaint Committee (ICC) to Prevent Sexual Harassment of Women at the Workplace:
To develop a policy against sexual harassment of women at the Institute.
To evolve a permanent mechanism for the prevention and redressal of sexual harassment cases and other acts of gender based violence at the Institute.
To ensure the implementation of the policy in letter and spirit through proper reporting of the complaints and their follow-up procedures.
To create a secure physical and social environment to deter any act of sexual harassment.
To promote a social and psychological environment to raise awareness on sexual harassment in its various forms.
What Is The ICC And How Does It Help You?
The Prevention Prohibition of Sexual Harassment Act (POSH) demands that an ICC be made at all workplaces for the redressal of sexual harassment cases. Even if offices or administrative units of the workplace are located at different places or are at the divisional or sub-divisional level, the Internal Complain Committee shall be constituted at all the branches. The ICC forms the most important part of this legislation whereby the punishment befitting the harassment is left to this body. In places where the ICC cannot be constituted (if there are less than 10 workers, that is) or where the complaint is against the employer, complaints are taken to ‘local complaint committee’ constituted by the state government. At least, half of the members of an ICC are required to be women.
Who Can Approach The ICC & HOW?
The complainant will have to submit a written and signed complaint addressed to the ICC NIT Andhra Pradesh as well as email: email@example.com. Any ‘aggrieved woman’ who has suffered harassment at the workplace can approach the ICC. Such a woman can be an employee, someone visiting a workplace or a student. The Act even incorporates domestic workers employed in households. The law also makes provisions to allow someone else (a legal heir or a person prescribed) to make a complaint on behalf of the woman, if she is unable to do so on account of physical, mental capacity or death.
What Is Sexual Harassment As Per The Act?
It includes any of the following unwelcome behaviour, done either directly or through implication:
- Physical contact and advances.
- A demand or request for sexual favours.
- Making sexually coloured remarks.
- Showing pornography.
- Any other physical, verbal or non-verbal conduct of sexual nature.
The following circumstances, among other circumstances, if they occur or are present in relation to or connected with any act or behaviour of sexual harassment, may amount to sexual harassment:
- An implied or explicit promise of preferential treatment in employment.
- An implied or explicit threat of detrimental treatment in employment.
- An implied or explicit threat about the present or future employment status.
- Interference with work or creating an intimidating or offensive or hostile work environment.
- Humiliating treatment likely to affect the lady employee’s health or safety.
What Constitutes A Workplace?
Both private and government institutions and organisations are covered under the term ‘workplace’ in the Act. The workplace also includes dwelling houses. POSH applies to both the organised and unorganised sectors. It also extends to organisations carrying out commercial, vocational, educational, entertainment, industrial, financial activities, hospitals and nursing homes, educational institutes, sports institutions and stadiums used for training individuals and also applies to a dwelling place or a house.
Composition of (ICC)NITAndhraPradesh:
|1.||Dr. Sharmila Avadut Bapat, Scientist NCCS Pune||Chairperson|
|2.||Sri B. Venkat Prasad, District and Session Judge (Retd) Hyderabad||Member|
|3||Dr. B Vijayalaxmi, Principal (retd.) Law college, Warangal||Member|
|4.||Prof. Punniyamoorthy, Department of Management, NIT Tirchy||Member|
|5.||Ms. Kamala Mohanty, Assistant Librarian NIT AndhraPradesh||Convener|
Contact Person from NIT AndhraPradesh:Ms. Kamala Mohanty