INTERNAL COMPLAINTS COMMITTEE AGAINST SEXUAL HARASSMENT (ICCASH)

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About Committee :

1. Definition of Sexual Harassment

"Sexual harassment"
Any one or more of the following unwelcome acts or behavior (whether directly or by implication), namely;

• a) physical contact and advances; or
• b) a demand or request for sexual favors; or
• c) making sexually coloured remarks; or
• d) showing pornography; or
• e) any unwelcome physical, verbal or non verbal conduct of sexual nature.

2. Process of making complaint of sexual harassment

I. An aggrieved person is required to submit a written complaint to the Internal Complaints Committee within three months from the date of the incident and in case of series of incidents within a period of three months from the date of the last incident.

Provided that where such compliant cannot be made in writing, the Presiding Officer or any member of the Internal Complaints Committee shall render all reasonable assistance to the person for making the complaint in writing;

Provided further that the ICC may for the reasons to be recorded in writing extend the time limit not exceeding three months, if it is satisfied that the circumstances were such which prevented the person from filing a complaint within the said period.

II. Where the aggrieved person is unable to make a complaint on account of following disabilities, the other person may make a complaint -

• where the aggrieved person is unable to make a complaint in account of physical incapacity, a complaint may be filed by relative or friend or co-worker or an officer of the National Commission of Women or State Commission of Women or any person who has knowledge of the incident with the written consent of the aggrieved person;
• where the aggrieved person is unable to make a complaint on account of mental incapacity, a complaint may be filed by relative or friend or special educator or a qualified psychiatric or psychologist or the guardian or authority under whose care the aggrieved person is receiving treatment or care or any person who has knowledge of incident jointly with any of the aforesaid person;
• where the aggrieved person is for any other reason is unable to make a complaint, a complaint may be filed by any person who had knowledge of incident with the written consent of the aggrieved person;
• Where the aggrieved person is dead, a complaint may be filed by any person who has knowledge of incident, with the written consent of the legal heir of the aggrieved person.

 

3. Punishment and compensation

1) If the respondent is an employee, he/she shall be punished in accordance with the service rules of the institution, if found guilty of sexual harassment. The act of sexual harassment shall be treated as misconduct under the service rules.

2) Where the respondent is a student, depending upon the severity of the act, the institution may:

• withhold privileges of the student such as access to the library, auditorium, hostel, transportation, scholarships, allowances, and identity card;
• suspend or restrict entry into the campus for a specific period;
• expel and strike off name from the rolls of the institution, including denial of readmission, if the act so warrants;
• award reformative punishment.

3) The institution may issue direction for payment of the sums recommended by the ICC and accepted by the Executive Authority, which shall be recovered from the respondent. In case of employees, such sums shall be deducted from the wages or salary of the employee; in case of scholars or students, such sums shall be deducted from the scholarship or fine imposed as the case may be.

The sums payable shall be determined on the basis of: -

• a) mental trauma, pain, suffering and distress caused to the aggrieved person;
• b) the loss in the career opportunity due to the incident of sexual harassment;
• c) medical expenses incurred by the victim for physical or psychiatric treatment:
• d) the income and financial status of the respondent;
• e) Feasibility of such payment in lumpsum or in installments.

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Members:

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Activities :