VISHAKA COMMITTEE / INTERNAL COMPLAINTS COMMITTEE

In view of the Section 4 (1) of ‘The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013’, the Institution hereby constitutes an Internal Complaints Committee (hereinafter referred to as ‘Internal Committee’ or ‘Committee’).

COMPOSITION OF THE INTERNAL COMPLAINT COMMITTEE:

PREAMBLE:

Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act,2013 (hereinafter referred to as the ‘act’) requires every employer of a workplace shall, by an order in writing, constitute a Committee to be known as the ‘Internal Complaints
Committee and abide by such act. In due compliance of the act, the Government College of Art & Craft, Calcutta (hereinafter referred to as ‘the Institution’) has adopted the following policy formulated in accordance with Notification issued by Ministry of Law and Justice.

APPLICABILITY & SCOPE:

This policy extends to all the categories of employees of the Institution employees on contract at the workplace.

DEFINITIONS

WORKPLACE SEXUAL HARASSMENT:

For these purposes, sexual harassment covers any unwanted sexually motivated activity (whether expressed explicitly or implicitly), including:

• Touch and advances on the body
• A solicitation for sexual favours
• Sexually charged comments
• Displaying pornography
• Any other unwanted physical, verbal, or non-verbal sexual conduct when any of these acts is committed in circumstances where the victim of such conduct has a reasonable suspicion that such conduct is related to her employment or work, whether she is drawing a salary, an honorarium, or is volunteering, whether in government, public, or private enterprise. Such conduct can be humiliating and may constitute a health and safety issue. When a woman has good cause to suspect anything, it is discriminatory.

RESPONSIBILITIES:

All individuals must follow this policy and shall coordinate for effective implementation of this policy.
All personnel at the Institution are encouraged to flourish both personally and professionally. Every employee has a duty to keep the workplace in good condition. The institution is dedicated to giving its staff and volunteers a harassment-free working environment. Interactions between members and employees must be built on a foundation of respect, collaboration, and understanding. The Institution will not support or accept conduct that might diminish a person’s sense of worth or dignity or foster an intimidating, hostile, or unpleasant environment.
Each and every employee of the Institution is personally accountable for ensuring that their conduct does not conflict with this policy.

OBJECTIVES

• Based on the definition of “sexual harassment” in the Policy, the Committee will determine whether the facts in the complaint support a claim of the offence
• The Committee will investigate the veracity of the complaints’ claims
• The Committee will investigate any claims of victimisation or retribution against the complainant or any other individual offering help as a result of the complaint being filed or the aid being supplied
• The Committee will suggest the concerned authority any sanctions or actions, including termination, that should be applied to anybody found guilty of sexually harassing the complainant
• The Committee will put their best effort to provide the victim with the proper psychological, emotional, and physical support (counselling, security, and other help)

THE COMMITTEE’S GOALS ARE AS FOLLOWS:

• Prevent sexual harassment and discrimination against women by encouraging gender amity among students and co-workers
• Make recommendations to the Management for changes or clarifications to the Rules for Students in the Prospectus and the Bye-Laws in order to make them gender-just and to establish procedures for the proscription of acts of discrimination and sexual harassment against women as well as for their resolution, settlement, and prosecution
• Handle complaints of discrimination and sexual harassment against women in a timely way with the goal of providing assistance to those harmed and putting an end to the harassment

DOCUMENTATION:

The committee shall keep complete and accurate documentation of the complaint, its investigations and the resolution thereof. The incident would be documented in both the complainant’s and the accused files with the full report of the Complaints Committee.

PROCEDURE FOR APPROACHING COMMITTEE:

This Institute addresses such situations. It applies to each and every Employee. A third party or the victim may file a claim of sexual harassment or discrimination. The Chairman of the Committee may receive a written complaint. Any member of the Committee may send the complaint to the Chairman of the Committee against Sexual Harassment if it is made to them.

It should be highlighted that sexual harassment is characterised as “unwelcome” sexually motivated action under the Supreme Court’s guidelines. (either explicitly or implicitly) as:

• Physical advances and touch
• Ask for or demand sexual favours
• Remarks with sexual overtones
• Playing pornographic material
• Other unwanted physical or verbal behaviour

DISCIPLINARY ACTION

The accused will face the appropriate disciplinary sanctions if the Committee finds any misbehaviour. Transfer, holding back on a promotion, suspension, or even termination are all examples of disciplinary action that the Committee may judge appropriate. In addition to the complainant’s legal options, this action shall be taken.

CONFIDENTIALITY:

All information received shall be kept confidential. Any person (including witnesses) who breaches confidentiality shall be subject to disciplinary action.

QUARTERLY & ANNUAL REPORT:

If the Committee discovers any misbehaviour, the accused will be subject to the proper disciplinary measures. Transfers, promotions withheld, suspensions, and even dismissals are all examples of disciplinary action that the Committee may judge appropriate. Any legal action the complainant pursues may be supplemented by this action.

Following each quarterly meeting of the committee members, the chairman should provide a combined quarterly report containing the following information:

• Cases present
• The complaint’s date
• Brief allegation
• Current state of the case
• Any order issued with a date by the disciplinary authority or a Nil report if not
• The committee is required to create a report for the employer each calendar year that includes the information below
• Amount of sexual harassment claims filed throughout the year
• The total number of complaints resolved last year
• The number of open cases. Submission of reports without any problems occurring during the year