Policy on Prevention, Prohibition and Redressal of
Sexual Harassment at the Workplace
Child Help Foundation
TABLE OF CONTENTS
1.
INTRODUCTION AND OBJECTIVE
2.
SCOPE AND COVERAGE
3.
DEFINITIONS
4.
INTERNAL COMMITTEES
5.
GUIDELINES
6.
PROCESS
7.
ROLES & RESPONSIBILITIES
8.
EXCEPTIONS
9.
AMENDMENTS
10.
ANNEXURE 1
11.
ANNEXURE 2
12.
ANNEXURE 3
1. INTRODUCTION AND OBJECTIVE
Child Help Foundation strives to create and maintain a healthy, safe and productive work environment,
free from discrimination and harassment. The Foundation strives to provide equal opportunity and a
harassment free Workplace to all Members (Workplace and Members are defined hereinafter) without
regard to race, caste, religion, colour, ancestry, marital status, gender, sexual orientation, age,
nationality, ethnic origin or disability. The Foundation is committed to creating a safe and conducive
work environment that enables Members to work without fear of prejudice, gender bias and Sexual
Harassment (as defined below). Accordingly, this Policy on Prevention, Prohibition and Redressal of
Sexual Harassment at the Workplace (“Policy”) has been framed with the intention of preventing and
prohibiting Sexual Harassment at the Workplace, which includes redressal of Sexual Harassment, should
it occur.
All Members are expected to uphold the highest standards of ethical conduct at the Workplace and in all
their interactions with business stakeholders including clients. This means that they have a responsibility
to, inter alia:
Treat each other with dignity and respect;
Follow the letter and spirit of law;
Refrain from any unwelcome behaviour that has sexual connotation (of sexual nature);
Refrain from creating a hostile atmosphere at Workplace via Sexual Harassment; and
Report Sexual Harassment experienced and/or witnessed to appropriate authorities and abide by the
complaint handling procedure of the Foundation.
2. SCOPE AND COVERAGE
This Policy is applicable to all Members of Child Help Foundation. This Policy considers the definition of
Right to life, under the Constitution of India. It means right to life with dignity and the fundamental right
to carry on any occupation, trade or profession, which depends on the availability of a “safe” working
environment where Members feel secure and truly believe that their dignity is maintained. This Policy
takes complete cognizance of the provisions set out under “The Sexual Harassment at Workplace
(Prevention, Prohibition and Redressal) Act, 2013 (the “Act”) read with the Sexual Harassment of
Women at Workplace (Prevention, Prohibition and Redressal) Rules, 2013 (the “Rules”). This Act read
with the Rules aims to provide protection against Sexual Harassment of women at Workplace and for
the prevention and redressal of complaints of Sexual Harassment and for the matters connected
therewith or incidental thereto.
3. DEFINITIONS
3.1 Sexual Harassment: “Sexual Harassment” includes any one or more of the following unwelcome acts
or behaviours (whether directly or by implication), namely: (a) Physical contact and advances; (b)
Demand or request for sexual favours; (c) Making sexually coloured remarks; (d) Showing pornography
or the likes; (e) Any other unwelcome physical, verbal or non-verbal conduct of sexual nature; The
following circumstances, among other circumstances, if it occurs or is present in relation to or
connected with any act or behaviour of Sexual Harassment may amount to “Sexual Harassment”: (a)
Implied or explicit promise of preferential treatment in the employment; (b) Implied or explicit threat or
detrimental treatment in the employment; (c) Implied or explicit threat about the present or future
employment status; (d) Interference with the work or creating an intimidating or offensive or hostile
work environment; (e) Humiliating treatment likely to affect health or safety;
3.2 Aggrieved Woman: An “Aggrieved Woman”, in relation to a Workplace, is a woman, of any age,
whether a Member or not, who alleges to have been subjected to any act of Sexual Harassment by the
Respondent.
3.3 Complainant: A “Complainant” is any Aggrieved Woman (or if the Aggrieved Woman is unable to
make a complaint on account of her physical or mental incapacity or death or otherwise, any other
individual who is allowed to make a complaint on behalf of the Aggrieved Woman in accordance with
the Act read with the Rules and as mentioned in paragraph 6.1.2 and 6.1.3 below) who makes a
complaint alleging Sexual Harassment under this Policy.
3.4 Member: A “Member” means a person engaged with the Foundation for any work on permanent,
temporary, part time, ad hoc or daily wage basis, either directly or through an agent, including a
retainer, a contractor, with or without the knowledge of the principal retainer, whether for
remuneration or not, or working on a voluntary basis or otherwise, whether the terms of POSH POLICY
engagement are express or implied and includes a co-worker, a contract worker, probationer, trainee,
apprentice or called by any other such name.
3.5 Respondent: A “Respondent” means the person against whom the Complainant has made a
complaint.
3.6 Workplace: Premises, locations, establishments, enterprises, institutions, offices, branches or units
established, owned, controlled by the Foundation. Places visited by the Member arising out of or during
the course of engagement including transportation provided by the Foundation for undertaking such
journey.
4. INTERNAL COMMITTEES
4.1 Internal Committee (IC) Composition:
4.1.2 The Internal Committee (IC) shall comprise of the following and shall be appointed by the
Executive Committee:
(a) Equal representation of men and women on the Internal Committee (IC); (b) A senior level woman
member shall be appointed as the presiding officer of the Internal Committee (IC) (“Presiding Officer”).
The Presiding Officer shall automatically vacate her office upon ceasing to be a Member of the
Foundation; (c) Minimum two members of the Internal Committee (IC) will be appointed, as far as
possible, from amongst Members who are preferably committed to the cause of women or who have
had experience in social work or have legal knowledge in this field or other senior Members. Such
members of the Internal Committee (IC) shall automatically vacate their office upon ceasing to be
Members of the Foundation; (d) One member from amongst non-governmental organisations or
associations committed to the cause of women or a person familiar with the issues relating to Sexual
Harassment.
4.1.3 The Presiding Officer and every member of the Internal Committee (IC) shall hold office for a
period not exceeding 3 (three) years, from the date of their nomination, unless they have been
reappointed by the Executive Committee after completion of their tenure.
4.1.4 A member of the Internal Committee (IC) may resign at any time by tendering his / her
resignation in writing to the respective Executive Committee with a copy to the Executive Director -
Human Resources of the Foundation.
4.1.5 The Foundation has constituted Internal Committee (IC)s office location as mentioned in
Annexure 3.
4.1.6 The management shall, from time to time make necessary changes to the Internal Committees
(IC)s/the number of Internal Committees (IC)s/the location/the members, etc. by suitably modifying the
Annexure 3. Such modified Annexure 3 shall be updated and made available on the Foundation’s
Intranet and this Policy shall then be read with such Annexure 3.
4.1.7 Accordingly, the Complainant is requested, as a matter of policy, to approach the respective
Internal Committee (IC)s at their respective locations for any purpose contemplated herein or by the
Act or for any matter relating to Sexual Harassment or related thereto.
4.2 Removal or Replacement of Internal Committee (IC) member or Presiding Officer
4.2.1 In the event that the Presiding Officer and / or any member of the Internal Committee (IC): (a)
contravenes any provisions of the Policy; or (b) has been convicted for an offence or an inquiry into an
offence under any law for the time being in force is pending against him / her; or (c) has been found
guilty in any disciplinary proceedings or a disciplinary proceeding is pending against him / her; or (d) has
so abused his / her position as to render his / her continuance in office prejudicial to public interest; or
(e) is named as the respondent in relation to a complaint filed by an Aggrieved Woman under this Policy,
such Presiding Officer or member as the case may be, shall be removed from the Internal Committee
(IC) and replaced accordingly by the Executive Committee in accordance with this Policy and the
applicable law.
4.2.2 Any vacancy created including due to cessation of engagement, resignation, death, disability or
removal, as applicable, shall be filled by a fresh nomination by the Executive Committee in accordance
with the appropriate guidelines.
4.2.3 Such removal shall be done by the Executive Committee after conducting an inquiry following the
due process and principles of natural justice.
5. GUIDELINES
5.1 The contents of the complaint made, the identity and addresses of the Complainant, Respondent
and witnesses, any information relating to conciliation and inquiry proceedings, recommendations of
the Internal Committee (IC) and the action taken on the Respondent
shall NOT be published,
communicated or made known to the public, press and media in any manner. If the same is violated,
the Foundation shall recover a sum not less than INR 5,000 (Rupees Five thousand) as penalty from such
person or take action as per the provisions of the terms of engagement. Complainant, Respondent and
witnesses shall be required to execute nondisclosure undertakings at the very first stage of the
proceedings and as soon as they appear before the Internal Committee (IC).
5.2 Information may be disseminated regarding the justice secured to any victim, within the
Foundation, without disclosing the name, address, identity or any other particulars calculated to lead to
the identification of the Complainant and witnesses.
5.3 The Presiding Officer or any member of the Internal Committee (IC) shall render all reasonable
assistance to the Complainant for making the complaint in writing or by way of electronic mail.
5.4 The Internal Committee (IC) may consider various factors as required under the law for the purpose
of determining the sums to be paid to the Complainant.
5.5 In case a witness has given false evidence or produced any forged, fabricated or misleading
document during the inquiry, action may be taken against the said witness in accordance with the
provisions of the engagement rules applicable.
5.6 The Internal Committee (IC) shall ensure that the principles of natural justice are adhered to in
relation to the conduct of hearings upon a Complaint and both the Complainant and the Respondent are
provided with a fair opportunity to make their submissions.
5.7 The contents of the report of Internal Committee (IC) shall be kept confidential by Internal
Committee (IC) and the Foundation.
5.8 Any refusal by any Member of the Foundation to attend any hearing before the Internal Committee
(IC) when summoned or to provide to the Internal Committee (IC), any documents and / or information
within his / her power or possession shall constitute a misconduct, rendering such member for adverse
action by the Foundation.
5.9 All recommendations and inquiry reports of the Internal Committee (IC) shall be forwarded to the
Executive Committee for necessary action.
5.10 The Foundation will not accept, support or tolerate retaliation in any form against any Member
who, acting in good faith, reports suspected misconduct, asks questions or raises concerns.
5.11 Any person who engages in such retaliation directly or indirectly, or encourages others to do so,
may be subject to appropriate disciplinary action: Retaliation will be treated as a major misconduct. (b)
Retaliation against those reporting Sexual Harassment is prohibited by this Policy. (c) Retaliation means
and includes any hurtful employment action against an individual/s. (d) Anyone suspecting or
experiencing retaliation should report to the Human Resources. (e) Anyone feeling that a retaliation
complaint did not get a prompt response can contact the Executive Committee directly. (f) Retaliation
cases are treated as seriously as an alleged case of Sexual Harassment even if the original harassment
complaint is not proven.
6. PROCESS
6.1 Complaint of Sexual Harassment
6.1.1 A Complainant can make, in writing, a complaint of Sexual Harassment to the Internal Committee
(IC), within a period of 3 (three) months from the date of incident and in case of a series of incidents,
within a period of 3 (three) months from the date of last incident. The Internal Committee (IC) may, for
the reasons to be recorded in writing, extend the time limit not exceeding 3 (three) months, if it is
satisfied that the circumstances were such which prevented the Complainant from filing a complaint
within the said period.
6.1.2 If the Aggrieved Woman is unable to make a complaint on account of her physical incapacity, a
complaint may be filed by: (a) her relative or friend; or (b) her co-worker; or (c) an officer of the National
Commission for Women or State Women's Commission; or (d) any person who has knowledge of the
incident, with the written consent of the Aggrieved Woman.
6.1.3 If the Aggrieved Woman is unable to make a complaint on account of her mental incapacity, a
complaint may be filed by: (a) her relative or friend; or (b) a special educator; or (c) a qualified
psychiatrist or psychologist; or (d) the guardian or authority under whose care she is receiving treatment
or care; or (e) any person who has knowledge of the incident jointly with the Aggrieved Woman's
relative or friend or a special educator or qualified psychiatrist or psychologist, or guardian or authority
under whose care she is receiving treatment or care.
6.1.4 If the Aggrieved Woman for any other reason is unable to make a complaint, a complaint may be
filed by any person who has knowledge of the incident, with her written consent.
6.1.5 If the Aggrieved Woman is deceased, a complaint may be filed by any person who has knowledge
of the incident, with the written consent of her legal heir.
6.1.6 The Aggrieved Woman may inform any Internal Committee (IC) Member and give a complaint in
writing or by email as per details on Annexure 1.
6.1.7 The Complainant shall submit details of the complaint along with supporting documents and
relevant details concerning the alleged incident(s), the name and details of the Respondent and names
and addresses of the witnesses to any Internal Committee (IC) Member.
6.1.8 The Internal Committee (IC) may, depending on the facts of the case, also accept oral complaints
under this Policy which may be reduced in writing and signature of the Complainant shall be obtained
thereon.
6.2 Conciliation
6.2.1 Prior to initiating an inquiry, the Internal Committee (IC) may, at the request of the Complainant
take steps to settle the matter between the Complainant and the Respondent through conciliation,
provided that no monetary settlement is made the basis of such conciliation.
6.2.2 In case a settlement has been arrived at, the Internal Committee (IC) shall record the settlement
so arrived and forward the same to the Executive Director - Human Resources to take action as specified
in the recommendation of the Internal Committee (IC).
6.2.3 The Internal Committee (IC) will provide copies of the settlement as recorded to the Complainant
and the Respondent. Upon conciliation being reached, the Internal Committee (IC) would not be
required to conduct any further inquiry.
6.3 Inquiry
6.3.1 Subject to the above and in the event of any term or condition of the settlement not been
complied with by the Respondent, the Internal Committee (IC) shall conduct an inquiry regarding the
complaint.
6.3.2 On receipt of the complaint, the Internal Committee (IC) shall send details / copies of the
complaint received from the Complainant to the Respondent as soon as possible, however, the
timeframe shall not exceed 7 (seven) working days.
6.3.3 The Respondent shall file his reply to the complaint along with his list of documents, and names
and addresses of witnesses, as soon as possible, however, the timeframe shall not exceed 3 (three)
working days from the date of receipt of the documents / complaint.
6.3.4 The Complainant shall have the option to file a rejoinder to the reply filed by the Respondent
within a period not exceeding seven (seven) working days from the date of receipt of the reply or
directly proceed for the personal hearing of the matter.
6.3.5 If the Complainant has filed any rejoinder as aforesaid then the Respondent shall have the option
to file a sur-rejoinder to the rejoinder filed by the Complainant within a period not exceeding 3 (three)
working days from the date of receipt of the rejoinder or directly proceed for the personal hearing of
the matter.
6.3.6 The Internal Committee (IC) shall make an inquiry into the complaint in accordance with the
principles of natural justice. The Internal Committee (IC) must notify in writing, the time and dates of its
meetings to the Executive Committee, the Complainant and the Respondent, not less than 2 (two) days
in advance of any such meeting.
6.3.7 While conducting the inquiry, a minimum of 3 (three) members of the Internal Committee (IC)
including the Presiding Officer shall be present. If minimum of 3 (three) members of the Internal
Committee (IC) including the Presiding Officer are not present or not available, then the Executive
Committee shall have the power to nominate alternate member(s) in place of the member who is not
available or cannot be present to conduct the inquiry.
6.3.8 The Internal Committee (IC) shall have the powers to summon and enforce the attendance of any
person and conduct an examination, request the discovery and production of documents and / or any
other matter which may be prescribed and deemed necessary for the inquiry process.
6.3.9 The Internal Committee (IC) shall have the right to terminate the inquiry proceedings or to give an
ex-parte decision on the complaint, if the Complainant or Respondent fails, without sufficient cause, to
present themselves, for three consecutive hearings convened by the Presiding Officer. Provided that
such termination or ex-parte order may not be passed without giving a notice in writing, 15 (fifteen)
days in advance, to the party concerned.
6.3.10 The Complainant and the Respondent shall not be allowed to bring in any legal practitioner to
represent them in their case at any stage of the proceedings before the Internal Committee (IC).
However, they may be accompanied by a colleague for psychological or emotional support. Such
colleague will not speak at or otherwise interfere with the proceedings of the Internal Committee (IC)
unless permitted so to do by the Internal Committee (IC).
6.3.11 All colleagues and witnesses who are part of the Internal Committee (IC) proceedings shall keep
all details thereof confidential. The said personnel shall also be required to execute non-disclosure
undertakings.
6.3.12 During the course of inquiry, the Complainant and the Respondent shall be given an opportunity
of being heard and a copy of the findings shall be made available to both the parties enabling them to
make representation against the findings before the Internal Committee (IC).
6.3.13 The inquiry shall be completed as soon as possible, however, the timeframe shall not exceed 60
(sixty) days from the date of receipt of the complaint.
6.4 Action during Pendency of Inquiry
6.4.1 During the pendency of an inquiry, on a written request made by the Complainant, the Internal
Committee (IC) may recommend the following: (a) transfer the Aggrieved Woman or the Respondent to
any other Workplace; (b) grant leave to the Aggrieved Woman up to a period of 3 (three) months; (c)
grant such other relief to the Aggrieved Woman as may be prescribed under applicable law; (d) restrain
the Respondent from reporting on the work performance of the Aggrieved Woman or writing his/her
confidential report and assign the same to another officer.
6.4.2 The leave granted to the Aggrieved Woman shall be in addition to the leave she is otherwise
entitled to.
6.4.3 On receiving a recommendation from the Internal Committee (IC), the Executive Committee shall
implement the recommendations and send a report of such implementation to the Internal Committee
(IC).
6.5 Inquiry Report and Actions
6.5.1 On the completion of an inquiry the Internal Committee (IC) shall provide a written report of its
findings to the Executive Committee as soon as possible, however the timeframe shall not exceed 10
(ten) days from the date of completion of the inquiry and such report be made available to the
concerned parties.
6.5.2 In the event that the Internal Committee (IC) arrives at the conclusion that the allegation against
the Respondent has not been proved, it shall recommend to the Executive Committee that no action is
required to be taken in the matter.
6.5.3 Where the Internal Committee (IC) arrives at the conclusion that the allegation against the
Respondent has been proved, it shall recommend in writing to the Executive Committee, to take action
against the Respondent, which may include: (a) a written apology from the Respondent; (b) a letter of
warning may be placed in the personal file of the Respondent; (c) reprimand or censure; (d) immediate
transfer or suspension without pay; (e) termination from service; (f) withholding of pay rise or
increments; (g) undergoing a counselling session; (h) carrying out community service; (i) register a FIR
against the Respondent in case the act alleged, prima facie constitutes an offence under the Indian
Penal Code; (j) deduction from the salary or wages or retainership fee of the Respondent such sum as it
may consider appropriate to be paid to the Aggrieved Woman or to her legal heirs; (k) such other action
as the Internal Committee (IC) may deem appropriate in the circumstances of the case.
6.5.4 In case the Foundation is unable to make deductions from the salary/retainership fee/
termination benefits of the Respondent/other amounts payable by the Foundation to the Respondent
due to his being absent from duty or cessation of employment / engagement with the Foundation, it
may direct the Respondent to pay such sum to the Complainant within a period of 30 (thirty) days. In
case the Respondent fails to pay the sum referred above, the Internal Committee (IC) may forward the
order for recovery of the sum as an arrear of land revenue to the concerned district officer in
accordance with the Act.
6.5.5 The Foundation shall act upon the recommendation given by Internal Committee (IC) as soon as
possible, however the timeframe shall not exceed 30 (thirty) days of receipt of the recommendation.
6.6 Malicious Complaint
6.6.1 In case the Internal Committee (IC) arrives at a conclusion that the allegation against the
Respondent is malicious or the Complainant has made the complaint knowing it to be false or has
produced any forged, fabricated or misleading document, it may recommend to the Foundation to take
suitable action against the Complainant who has made the complaint, in accordance with the provisions
of the applicable Foundation policies or as prescribed under applicable law.
6.6.2 Mere inability to substantiate a complaint or provide adequate proof need not attract action
against the Complainant. Further, the malicious intent on part of the Complainant needs to be
established through the inquiry process before any action against such Complainant is recommended by
the Internal Committee (IC) to the Foundation.
6.7 Appeal
In the event that any person is aggrieved from the recommendations made by the Internal Committee
(IC) or non-implementation of such recommendations, he/she may appeal to the appropriate authority,
as specified by the law, within a period of 90 (ninety) days of the recommendations.
7. ROLES & RESPONSIBILITIES
7.1 Members As a custodian of the Code of Conduct and statutory guidelines, Members have following
responsibilities: (a) To read, understand, appreciate and adhere to the terms of this Policy; (b) To avail of
the mechanism provided by this Policy for any complaints or matters of or pertaining to Sexual
Harassment or similar issues; (c) To forward or submit to the Internal Committee (IC) immediately, any
written complaint from any Aggrieved Woman and to support/ co-operate during any investigation as
part of the inquiry process; (d) Be aware of and abide by laws applicable to them, their job and the
Foundation policies and procedures; (e) Be aware of, and do not participate in any prohibited or
inappropriate behaviours or activities while representing the Foundation; (f) Be aware that the
Foundation will take allegations seriously and will ask their cooperation in an investigation if they bring a
complaint forward; (g) Participate in the procedure of investigation if a complaint is brought forward, it
will be reviewed. If a Member elects not to participate in the procedure constituted by Foundation, and
does not wish to proceed with the complaint, it will need to be formally withdrawn. The complaint will
still be reviewed and the findings of the complaint will be explained in writing. It will be the discretion of
the management to accept or reject the request for withdrawal of the complaint; (h) Provide a full and
truthful disclosure of relevant information and assist with investigations of alleged Policy violations; (i)
Handle information related to known or suspected violations of this Policy in a discreet and confidential
manner; (j) Not attempt to investigate the information or suspected violations of this Policy on their
own i.e. without involving the Internal Committee (IC); (k) Set an example of proper Workplace
behaviour and ethical standards.
7.2 Manager / Team Leader
7.2.1 The Manager / Team Leader is a reporting authority or anyone who is responsible for the outcome
of work and has a reporting relationship with the Complainant in the Foundation.
7.2.2 The Manager / Team Leader has the same responsibilities as the Member, as well as these
additional responsibilities as a custodian of the Code of Conduct and statutory guidelines, including the
following: (a) If a Member and/or stakeholder has conveyed about Sexual Harassment to the Manager/
Team Leader, it is the responsibility of the Manager / Team Leader to inform the Complainant to give it
in writing / electronic mail to the Internal Committee (IC); (b) Provide all kinds of support to the Internal
Committee (IC) for the further investigations as a part of inquiry process; (c) Have adequate knowledge
about applicable laws, and answer questions regarding relevant policies and procedures; (d)
Immediately forward any report or complaint of an alleged violation of this Policy and all relevant or
requested information to the Executive Director - Human Resources of the Foundation; (e) Keep
disclosed information as confidential. Handle information in a discreet manner, and disclose confidential
information strictly on a “need-to-know” basis only; (f) Not attempt to investigate or verify the
information unless instructed by the Internal Committee (IC) in charge of the investigation; (g) Fully
cooperate, facilitate and aid the prompt handling of an investigation by Internal Committee (IC); (h)
Allow the Complainant, Respondent, witnesses and allied parties to attend the inquiry proceedings at
the stipulated time and place; (i) Carry out all corrective measures and remediation established in the
final decision; (j) Ensure that Members are adequately communicated the Foundation's Policy; (k)
Ensure no retaliation and zero tolerance to Sexual Harassment or inappropriate conduct; and (l) Set an
example of proper Workplace behaviour and ethical standards in line with the Code of Conduct.
7.3 Human Resources Human Resource team members have the same responsibilities as the member
and additional responsibilities as a custodian of the Code of Conduct and statutory guidelines, including
to: (a) Make information, policies and procedures available to Members via the Foundation’s Intranet
and periodical mailers; (b) Take cognizance of the written complaint and bring the complaint
immediately to the Internal Committee (IC) and provide all kinds of support for the further
investigations as a part of inquiry process; (c) Ensure that Members and stakeholders are communicated
properly about the Policy; (d) Not attempt to investigate or verify the information unless instructed by
the Internal Committee (IC); (e) Carry out all corrective measures and remediation established in the
final decision; and (f) Set an example of proper and appropriate Workplace behaviour and ethical
standards in line with the Code of Conduct.
7.4 Internal Committee (IC) Internal Committee (IC) members have the same responsibilities as the
members and additional responsibilities as a custodian of the Code of Conduct and statutory guidelines,
including the following: (a) To be fair while making the assessment of the situation, investigation and
giving the verdict; (b) Conduct the inquiry process and recommend appropriate actions as per the
process outlined in paragraph 6 of this Policy in line with the statutory requirements applicable; (c)
Inform the parties involved in the inquiry proceedings well in time and in writing; (d) Follow the
principles of natural justice and treat the Complainant, Respondent, witnesses and related persons to
the inquiry with dignity and respect; (e) Submit to the Executive Committee annual report comprising
details of all cases and actions taken; (f) Keep disclosed information as confidential. Handle information
in a discreet manner, and disclose confidential information strictly on a “need-to-know” basis only; (g) If
a Member faces Sexual Harassment outside of the Foundation’s work and work premises, assist them in
filing a complaint in the jurisdictional police station as appropriate and continue with the process under
this Policy, to the extent possible within the domain of civil law, for redressal of such complaint; (h) Set
an example of proper and appropriate Workplace behaviour and ethical standards in line with the Code
of Conduct; and (i) In case the Internal Committee (IC) finds the degree of offence coverable under the
Indian Penal Code, then this fact shall be mentioned in its report and appropriate action shall be
initiated by the management, for making a police complaint as may be appropriate.
7.5 The Foundation The Foundation is responsible for providing a safe working environment for its
Members, free from harassment, bias and prejudice of any kind. Towards this end, the Executive
Committee will: (a) Treat Sexual Harassment as misconduct under the Foundation’s policies and take
appropriate action for the same; (b) Encourage respectful and dignified behaviour at Workplace at all
times by all Members; (c) Have zero tolerance towards acts of Sexual Harassment; (d) Declare the names
and contact details of all members of the Internal Committee (IC); (e) Display at conspicuous places in
the Workplace/Intranet, the penal consequences of Sexual Harassment; (f) Organise workshops and
awareness programs at regular intervals for sensitising Members with the provisions of this Policy; (g)
Organise orientation and skill building programs for the members of the Internal Committee (IC); (h)
Provide necessary facilities including required administrative and secretarial support to the Internal
Committee (IC) for dealing with the complaint and conducting an inquiry, recording the statements and
preparing the report; (i) Assist in securing the attendance of Respondent and witnesses before the
Internal Committee (IC) and make available such information to the Internal Committee (IC) as it may
require with regards to the complaint; (j) Provide assistance to the Complainant if the Complainant
chooses to file a complaint in relation to the offence under the Indian Penal Code (refer Annexure 2); (k)
Cause to initiate action, under the Indian Penal Code or any other law for the time being in force, against
the Respondent, or if the Complainant so desires, where the Respondent is not a Member, in the
Workplace at which the incident of Sexual Harassment took place; (l) Monitor the timely submission of
reports by the Internal Committee (IC); (m) At its sole discretion, may provide additional facilities to the
Aggrieved Woman including: (i) an option for a transfer of the Aggrieved Woman or the Respondent
who is proved to be guilty, to any other location; (ii) an option for a change of role / department (if
feasible); (iii) support to the Aggrieved Woman to undergo professional counselling; (iv) at the discretion
of Internal Committee (IC), provide for compensation for mental trauma, pain and distress suffered, for
loss in career opportunity etc. based on various relevant factors including salary / retainership fee and
financial status of the Respondent. (n) At its sole discretion, assign and nominate a senior legal
professional who is the Member of the Foundation to discharge any of the responsibilities specified in
para (h), (i) and (m) above and assist the Internal Committee (IC) in following the process laid down
under this policy.
8. EXCEPTIONS
Any exception to this Policy requires the approval of the Executive Committee of the Foundation.
9. AMENDMENTS
The Executive Committee reserves the right to amend the Policy from time to time in order to comply
with any laws / rules / regulations that come into effect from time to time, related to Sexual
Harassment. The latest version of the Policy including the composition of the Internal Committee (IC)s is
available on the Foundation’s intranet.
ANNEXURE 1
Email ID for complaints:
meena.lokhande@childhelpfoundationindia.org
ANNEXURE 2
Sections of the Indian Penal Code (IPC) - Sexual Harassment and Punishment for Sexual Harassment
Under the Indian Penal Code, the newly introduced Section (Section 354A) which deals with Sexual
Harassment has made this a 'cognizable offence' i.e. a person charged with Sexual Harassment may be
arrested without a warrant. 1) A man committing any of the following acts: (i) physical contact and
advances involving unwelcome and explicit sexual overtures; or (ii) a demand or request for sexual
favours; or (iii) showing pornography against the will of a woman; or (iv) making sexually coloured
remarks, shall be guilty of the offence of Sexual Harassment. 2) Any man who commits the offence
specified in clause (i) or clause (ii) or clause (iii) above, shall be punished with rigorous imprisonment for
a term which may extend to 3 (three) years, or with fine, or with both. Any man who commits the
offence specified in clause (iv) above shall be punished with imprisonment of either description for a
term which may extend to 1 (one) year, or with fine, or with both. In addition to Section 354A set out
above, acts of Sexual Harassment may also constitute other offenses under IPC including Section 354
(assault or criminal force to woman with intent to outrage her modesty), Section 354C (Voyeurism),
Section 354D (Stalking), Section 375 and 376 (Rape) and Section 509 (word, gesture or act intended to
insult the modesty of a woman) of the IPC.
ANNEXURE 3
Committee Members
Internal Committee (IC) – January 2020 to December 2022 (Changed as on November 2020)
1. Meena Lokhande -Presiding Officer (Mumbai)
2. Smita Sinha – Secretary (Mumbai)
3. Shaji Varghese – Member (Mumbai)
4. Jiji John - Member (Mumbai)
5. Sanjay Sinha – Member, ( Delhi)
6. Utkalika Behera – Member (Bangalore)
7. Dhanya Roy – Member (Cochin)
8. Rupa Kabase - Member (West Bengal)
9. N. Sriram - Member (Chennai)
10. K. Pavani – Member (Hyderabad)
11. Daya Bansal – External Member (Mumbai)