Anti Sexual Harassment Policy
POLICY STATEMENT
This Policy is framed under the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013. The Firm is committed to maintaining a workplace in which every individual is treated with dignity and respect. The Firm prohibits discrimination and any form of unlawful harassment including, but not limited to, sexual harassment. All employees are entitled to a safe and respectful working environment.
OBJECTIVE
1. To create and maintain a healthy working environment free from prejudice, gender bias and sexual harassment, where every employee has the right to be treated with dignity.
2. To recognise that sexual harassment at the workplace or in connection with employment is a serious offence that will attract disciplinary and legal action.
SCOPE & EFFECTIVE DATE
This Policy applies to all employees of the Firm and is incorporated into the terms of service for every employee. It covers every woman entering the Firm’s premises and extends to vendors, clients, third-party or outsourced staff and visitors. This Policy is effective immediately.
WHAT CONSTITUTES SEXUAL HARASSMENT
Sexual harassment includes any unwelcome act or behaviour—whether verbal, non-verbal, physical or visual—that is sexual in nature and affects the dignity of a person, including but not limited to:
- • Unwelcome sexual advances or requests for sexual favours, explicit or implicit, linked to employment, promotion, evaluation or related work decisions.
- • Verbal, non-verbal or physical conduct such as sexually coloured remarks, jokes, letters, phone calls, e-mails, gestures, staring, or display of pornographic material.
- • Physical contact or molestation, stalking, unwanted sounds or signs, and any behaviour that offends an individual’s sensibilities or impairs their work performance.
- • Eve-teasing, innuendo, taunts, confinement against one’s will, invasion of privacy, or conduct by a person in authority that creates a hostile work environment.
- • Any unwelcome gesture or action by an employee that has sexual connotation, whether occurring inside the workplace or in connection with employment outside the workplace.
DEFINITIONS
Employee
“Employee” means any person employed at the workplace for any work on a regular, temporary, ad-hoc or daily wage basis, either directly or through an agent, including contractors, probationers, trainees and apprentices, whether remunerated or voluntary, and however designated.
Workplace
The term “Workplace” includes:
- • All offices or premises where the Firm conducts its business.
- • Any location where Firm-related activities are performed away from the Firm’s premises.
- • Social, business or other functions where conduct or comments may affect workplace relations.
- • Any place visited by an employee during the course of employment, including employer-provided transportation.
INTERNAL COMPLAINTS COMMITTEE (ICC)
The Employer has constituted an Internal Complaints Committee in accordance with the Act. The ICC comprises a female Presiding Officer and members selected for their commitment to women’s welfare, social work or with legal knowledge, ensuring that at least half of the nominated members are women.
REDRESSAL PROCESS
Any employee who believes they have been subjected to sexual harassment may file a written complaint with any ICC member within three months from the date of the incident, or where incidents are a series, within three months from the date of the last incident.
If the complainant is unable to submit a written complaint, the Presiding Officer or any ICC member shall provide reasonable assistance to record the complaint in writing. The ICC may extend the time limit by up to three months if satisfied that circumstances prevented timely filing.
If the aggrieved woman is unable to file due to physical or mental incapacity, or in the event of death, her legal heir or authorised person may make the complaint on her behalf.
The ICC will maintain a confidential register of complaints for investigation purposes. The ICC shall meet the complainant within five days of receiving a complaint, and in any case not later than one week.
INITIAL HEARING & EVIDENCE
At the first meeting the ICC will hear the complainant and record allegations. The complainant may submit documentary or oral evidence. If the complainant is uncomfortable narrating events, a lady officer (for female complainants) or a male officer (for male complainants) will record the statement.
The respondent will be given an opportunity to provide a written explanation and to present witnesses and documents. Originals of evidence must be supplied and signed to certify authenticity.
ENQUIRY PROCESS
The ICC will immediately commence the enquiry and notify both the complainant and respondent. A Statement of Allegations will be handed to the respondent who may submit a written explanation within seven days.
The ICC shall:
- • Call all witnesses proposed by either party.
- • Provide both parties every reasonable opportunity to present and defend their case.
- • Complete the enquiry within a reasonable period but not beyond 90 days.
- • Submit an Enquiry Report with findings and recommended action to Management/HR for further action.
Management/HR will act on the ICC’s recommendations and take appropriate measures as prescribed by the Firm’s disciplinary procedures.
FALSE OR NON-QUALIFYING COMPLAINTS
If a complaint is found not to fall within the purview of sexual harassment, it shall be dismissed with recorded reasons. If a complaint is found to be malicious or intentionally false, the complainant may be subject to appropriate disciplinary action.
DISCIPLINARY ACTION
Based on the ICC’s enquiry report, disciplinary measures may be recommended to Management/HR which may include transfer, salary deduction as compensation to the aggrieved woman, suspension, termination or other actions as appropriate.
Where salary deduction is not feasible due to cessation of employment, the Firm may direct the respondent to make payment or seek recovery of the amount through the District Officer as an arrear of land revenue. Management or the District Officer will act on recommendations within sixty days of receipt.
OTHER POINTS TO BE CONSIDERED
The Firm will provide all necessary assistance to implement this Policy effectively and promptly. Where harassment involves third parties or outsiders, the Firm shall take reasonable steps to support the affected person and to prevent recurrence.
The ICC will prepare an annual analysis of complaints and outcomes for submission to Management/HR. If the offence is covered under the Indian Penal Code, the ICC will record this in its report and Management shall initiate appropriate action, including filing a police complaint where necessary.
CONFIDENTIALITY
To protect the interests of the aggrieved person, the respondent and those reporting incidents, confidentiality will be maintained throughout the investigatory process to the extent practicable and appropriate. Records of complaints, meeting contents, investigation results and other relevant material will be kept confidential except where disclosure is necessary for disciplinary or remedial processes or as required by law.
REPORTING WITHOUT FEAR OF RETALIATION
No employee will be subject to retaliation for filing a complaint in good faith. This protection applies whether the complaint is ultimately found to be well-founded or unfounded.
Managers and supervisors are prohibited from taking any adverse action against anyone for reporting unlawful harassment or opposing discriminatory practices. Any employee who believes they have been retaliated against should report the matter to Management/HR in the same manner as other harassment or discrimination complaints.
CONTACT & IMPLEMENTATION
For assistance in filing a complaint, to submit evidence, or to request support, employees should contact any member of the Internal Complaints Committee or HR. The ICC will guide complainants through the process and ensure fair, timely investigation and resolution.