Complaint Committee

As per the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013

Sexual harassment results in violation of the fundamental rights of a woman to equality under articles 14 and 15 of the constitution of India and her right to life and to live with dignity under article 21 of the Constitution and right to practice any profession or to carry on any occupation, trade or business which includes a right to a safe environment free from sexual harassment.

Protection against sexual harassment and the right to work with dignity are universally recognised human rights by international conventions and instruments such as Convention on the Elimination of all forms of Discrimination against Women, which has been ratified on the 25th of June,1993 by the Government of India.

The parliament had enacted the Sexual Harassment of Women at Workplace (Prevention, Prohibition and

Redressal) Act, 2013 to make provisions for giving effect to the said Convention for protection of women against sexual harassment at workplace.

Definition of "Sexual Harassment"

“Sexual Harassment” includes any one or more of the following unwelcome acts or behavior (whether directly or by implication), namely:-

• Physical contact and advances; or
• A demand or request for sexual favours; or
• Making sexually coloured remarks; or
• Showing pornography; or
• Any other unwelcome physical, verbal or non-verbal conduct of sexual nature;

Prevention of sexual harassment

• No woman shall be subjected to sexual harassment at any workplace.
• 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:-
  • Implied or explicit promise of preferential treatment in her employment; or
  • Implied or explicit threat of detrimental treatment in her employment; or
  • Implied or explicit threat about her present or future employment status; or
  • Interference with her work or creating an intimidating or offensive or hostile work environment for her; or
  • Humiliating treatment likely to affect her health or safety.

Complaints Committee Against Sexual Harassment (CCASH)

Complaint of sexual harassment- Who can file a complaint?

• Any aggrieved woman may make, in writing, a complaint of sexual harassment at the workplace to the CCASH, within a period of three months from the date of incident and in case of a series of incidents, within a period of three months from the date of last incident.
• Where the aggrieved woman is unable to make a complaint on account of her physical or mental incapacity or otherwise, her representative may file a complaint with her consent.

Inquiry into Complaint:

The inquiry shall be completed within a period of ninety days.

Inquiry report-

• On the completion of the inquiry under this act, the CCASH shall provide a report of its findings to the employer within a period of ten days from the date of completion of the inquiry and such findings be made available to the concerned parties.
• Where the internal committee arrives at the conclusion that the allegation against the respondent has not been proved, it shall recommend to the employer that no action is required to be taken in this matter.
• Where the Internal Committee arrives at the conclusion that the allegation against the respondent has been proved, it shall recommend to the employer
  • To take action for sexual harassment as a misconduct in accordance with the provisions of the service rules / guidelines applicable to the respondent.
  • The CCASH may also recommend additional recommendation.

The CCASH in the institute comprises the following members.