Code of dealing with complaints of sexual harassment at workplace

Background:

SATHI is committed to a working and learning environment that is free of discrimination and intimidation. Sexual harassment violates not only the human rights of the victim but also the fundamental values of the organization including the value it places on high standards of personal and professional integrity and responsibility. We feel that it is the legal responsibility of the management to take all reasonable steps to ensure that staff, interns and volunteers and any other persons who in context of their work or the work of SATHI, come in contact with SATHI, are not subjected to sexual harassment.

As an organization we are committed that complaints of sexual harassment will be treated seriously and dealt with promptly, impartially, sensitively and confidentially.

Definition of Sexual Harassment

As the definition of sexual harassment, given by the Supreme Court (Vishaka and ors vs. State of Rajasthan and ors, August 1997- judgment enclosed at the end of the code), is open to varied interpretations, we have tried to specify behavior that could constitute sexual harassment.

Sexual harassment is any unwelcome behavior of sexual nature in the working or learning environment. It does not refer to mutually accepted behavior and is not limited to a particular gender or sexuality and may include but is not limited to the following behaviors:

1. Demanding sexual favors in exchange for preferential treatment or something of value

2. Stating or implying that a person will lose something related to their work within SATHI, if he or she does not submit to a sexual request

3. Penalizing a person for refusing to submit to a sexual advance, or providing a benefit to someone who does

4. The sexually determined behavior given below would also constitute sexual harassment when it is pointed out that this behavior is unacceptable:

a. Making unwelcome, offensive, or inappropriate sexually suggestive written or verbal comments, gestures, or jokes, or remarks of a sexual nature about a person’s appearance, gender, or conduct.
b. Standing too close, inappropriately touching, cornering or stalking a person.
c. Unwelcome questioning about a person’s private life suggestive comments about a person’s physical appearance or sexuality displays of erotic or sexually graphic material.(posters, photographs etc)

5. Using derogatory sexual terms for a person.

6. Displaying offensive or inappropriate sexual illustrations or language anywhere by virtue of employment in SATHI. (This includes clothing with obscene words, pictures etc.)

7. Requests for sexual favors, either directly or by implication deliberate physical contact such as kissing, touching or fondling, embracing, patting, pinching and brushing against another person, wolf whistles, catcalls, leering or offensive staring and gesturing, unwelcome social invitations or obscene or unsolicited communications by co-workers either at work or at home or when on field/traveling for work.

8. Any other act or gesture, perceived by the victim as sexual harassment.

Appointment of the Sexual Harassment Redressal Committee (SHRC):

The Sexual Harassment Redressal Committee (SHRC) henceforth referred to as ‘the Committee’, will have some members in common with the Grievance Redressal Panel. The Committee would be appointed by the Working Group (WG) keeping in view the following criteria.

Eligibility Criteria:

• Completion of one year of service- this criterion can be relaxed in exceptional cases, with consent of the staff.

• No previous (proven) “allegations” of sexual harassment.

• The Committee should be representative across all levels, offices, gender.

• At least 50% of the committee members should be women.

• The convener of the Committee should be a woman.

The composition of the Committee will be as follows:

Convener - one women staff member
Three staff members- two from Pune office and one from one of the field areas.
Two external members who are familiar with the issue of sexual harassment at workplace.

If a person, who is a member of the SHRC, leaves Sathi, then it will be the responsibility of the convener to call a staff meeting to replace this member.

Role of the Sexual Harassment Redressal committee:

• Create awareness amongst the staff members about the issue of sexual harassment at workplace, and discuss the policy in this matter adopted by SATHI.

• Ensure that any new staff joining the organisation is informed about the policy and explained the procedures therein.

• Resolve complaints as and when they come up and keep a record of the complaints and action taken in a systematic and confidential manner.

• The Committee should from time to time undertake discussion/training/awareness sessions of staff members, on this and allied issues like sexuality, gender, safety in field etc.

• Ensure that there is a clear notice/ write-up put up at a prominent place in the office premises, informing any visitor about the existing policy. The names and contact numbers of the members of the Committee should also be prominently displayed.