The Sexual Harassment of Women at workplace (Prevention, Prohibition and Redressal ) Act, 2013
                           UGC Regulation 2015 –  Prevention, Prohibition and Redressal of  Sexual Harassment of Women employees and students in higher educational institutions

Complaint Process

Any aggrieved woman may make a complaint in writing with any member of ICC

• at the prescribed contact details,
• preferable within a period of 3 months of the date of incident of sexual harassment or in case of series of incidents, with in a period of 3 months from the date of last incident.
• The Complainant shall file minimum six copies of the complaint.
• The complaint shall consists of name of the Respondent(s), date and details of incident of sexual harassment, name and details of witness, if any, along with the supporting documents.

Who is eligible to file a complaint?

• Aggrieved woman herself;
• Where the Aggrieved Woman is unable to make a Complaint on account of her physical or mental incapacity , a Complaint may be filed by any prescribed person, on her behalf;
• Where the Aggrieved Woman for any other reason is unable to make a Complaint, a Complaint may be filed by a person who has knowledge of the incident, with her written consent;
• Where the Aggrieved Woman is dead, a Complaint may be filed by any person who has knowledge of the incident, with the written consent of her legal heir(s).

What should the complaint contain?

Procedure of Enquiry

Conciliation –

• The ICC may, before initiating an inquiry, at the request of the Aggrieved Woman, take steps to settle the matter between her and the Respondent.
• No monetary settlement shall be made as a basis of conciliation.
• The settlement terms shall be recorded in writing and forwarded to the Board of Directors of the Company. Copies of the same shall be provided to the Aggrieved Woman and the Respondent.
• Where a settlement has been arrived at, no further inquiry shall be conducted by the ICC.

Enquiry–

• In case, conciliation is not possible, ICC shall investigate the complaint and provide its report, as promptly as possible, but not later than 90 working days from the date of the Complaint.
• The ICC shall follow principles of natural justice in all its proceedings.
• Complete confidentiality shall be maintained, unless required by law.
• A copy of the Complaint as recorded by ICC shall be given to the Respondent as well as the Complainant.
• The Respondent shall submit his response to the Complaint as well as to indicate whether the Respondent wishes the ICC to examine any witnesses or furnish any evidence.
• The Complainant shall also indicate in writing whether the Complainant wishes the ICC to examine any witnesses or furnish any additional evidence.
• Upon receipt of the responses from the Respondent and the Complainant, the ICC shall conduct a hearing, where both the Complainant and the Respondent shall be heard in person.
• ICC shall be empowered to call upon such of the Employees who may have been witness to the incident(s) of Sexual Harassment and/or connected in any manner thereto.
• All Employees shall extend their fullest co-operation to ICC.
• Upon completion of the hearing, the ICC shall prepare its complete report, setting out its recommendations on the disciplinary action(s) to be taken against the Respondent or Complainant (as the case may be).

Punishment for Sexual Harassment

• To take action for sexual harassment as an act of misconduct in accordance with the rules/regulations of the Company governing ‘conduct and discipline’ as applicable to the Respondent; and/or
• To deduct such amounts from the salary or wages of the Respondent as may be considered appropriate to be paid to the Complainant as per the Policy of the Company.
• Section 354, 354 A, 354B, 354 C, 354 D and 509 of Indian Penal Code, 1860 provides for punishment for offences of outraging the modesty of woman, sexual harassment, disrobe, voyeurism, stalking and insulting the modesty of woman respectively and the punishment ranges between rigorous imprisonment from 1 to 3 years AND fine or both.

False/Malicious Complaints