POSH Policy

The Vedica Scholars Programme for Women (VSPW): Policy Against Sexual Harassment

Vedica is committed to creating an environment that is free of hostility or prejudice towards any individual or community. Vedica prohibits discrimination, inappropriate conduct, or harassment, based on a person’s gender, religion, caste, ethnicity, sexual orientation, disability, age, colour, national origin, veteran status, marital status, race, ancestry, linguistic or any other legally protected characteristic. Vedica holds that all persons have the right to exist in an atmosphere free of discrimination and harassment, including sexual harassment.

Inline with this commitment and in compliance with the Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act, 2013 (SHWW Act, 2013) and the accompanying Rules, the Vedica has implemented this policy to prevent, prohibit, and redress any form of sexual harassment in the workplace. The policy is termed as VSPW Policy Against Sexual Harassment at Workplace.

This Policy outlines the definition of sexual harassment and establishes mechanisms for protection, prevention, and redressal. Any instance of sexual harassment will be regarded as misconduct, subject to disciplinary action, up to and including termination.

While the law allows only women employees to file complaints under the Act, VSPW internal policy is gender-neutral and applies to all scholars, staff and faculty members, regardless of their gender or the gender they identify with, and similar redressal mechanism will be followed as mentioned in the policy.

1. Scope of the Policy

This Policy applies to all scholars, all faculty members, all employees (permanent or contractual), administrative staff and all founding members. Additionally, it extends to vendors, service providers, partner organisations, and any visitors to the workplace.

This Policy applies to all the areas visited by the scholars, or employees including, but not limited to, academic and extended areas, field visits, internships, outside travel and/or events such as conferences and any other activities undertaken by an individual who is studying to employed at Vedica.

2. Definitions

2.1 Sexual harassment: According to the Section 2 (n) and Section 3 (2) of the SHWW Act 2013, sexual harassment includes any unwelcome acts or behaviour of sexual nature (whether directly or implied) such as:
1. Physical contact and advances.
2. Demand or request for sexual favours.
3. Making sexually coloured remarks.
4. Showing pornography.
5. Any other unwelcome physical, verbal or non-verbal conduct of a sexual nature.
Additionally, following circumstances, if it relates to any act or behaviour of sexual harassment, may also amount to sexual harassment:
1. Implied or explicit promise of preferential treatment in the employment.
2. Implied or explicit threat of detrimental treatment in the employment.
3. Implied or explicit threat about the present or future employment status.
4. Interference with the work or creating an intimidating or offensive or hostile work environment.
5. Humiliating treatment likely to affect health or safety.
Following are some forms of sexual harassment. These instances are merely illustrative and not exhaustive:
1. Display of sexually graphic materials, including screen savers, wallpapers, pictures, calendars, posters, objects, or messages left on board or desks.
2. Electronic mail messages, voice mail messages, screen savers, any material of a sexual nature downloaded from the internet, or viewed on a computer, offensive telephone calls, faxes, or gifts.
3. Unwelcome comments or questions about a person’s sex life, appearance, or dress.
4. Deliberate and unnecessary familiarity such as deliberately touching, fondling, patting, or pinching.
5. Inappropriate humour such as smutty or sexist jokes or comments or vulgar gestures.
6. Innuendo, including sexually provocative remarks, suggestive or derogatory comments about a person’s physical appearance, inferences of sexual morality, or tales of sexual performance.
2.2 Aggrieved person, in relation to a workplace, means a person, of any age, whether employed or not, who has been subjected to any alleged act of sexual harassment.
2.3 Respondentrefers to any person against whom the aggrieved person has filed a complaint of sexual harassment. Respondent can be an individual or a group of people.
2.4 Employer refers to any person responsible for the management, supervision and control of the workplace.Under this policy, the Founding Team will be considered as the employer.
2.5 Employee refers to any person employed at a workplace on permanent, temporary, part-time, visiting, ad-hoc or honorary basis, including employees, faculty members and contractual employees. They could be employed either directly or through an agent, including a contractor, with or without the knowledge of the employer, whether for remuneration or not, working on a voluntary basis or otherwise, whether the terms of employment are express or implied. It will include Director, Manager, Coordinator, Officer, Associate, Executive Secretary, support staff, faculty, teaching assistants, research assistants, interns, trainees etc.
2.6 Student/ScholarStudent/Scholar refers to any person admitted to the post graduate programme offered by Vedica. A student who has applied for admission, even if not yet admitted, will be considered a student if they are sexually harassment within the premises.
2.7 Workplace refers to any place visited by an employee or students including all venues of Vedica (such as classes, workspaces, offices, student centres,canteens, parking areas, hostels or housing facilities etc.), any other temporary or permanent branch or unit established by Vedica, any office of a non-governmental organisation (NGO), or private corporation, or a government institution or any other place visited arising out of or during the course of work/studies/employment as well as any transportation provided by the employer for undertaking such journey.
Workplace also includes field trips, internships, excursions, short-term placements, industry visits, cultural festivals, meetings, conferences etc.

Work emails, WhatsApp chats, SMS, calls, video conferencing (including Zoom calls, Google Meet calls, Microsoft Team Meetings etc.) and any other online platform used for work as well as WFH (work from home) will also come under the purview of this definition.
2.8 Visitor means any person who is not an employee of VSPW, and includes but is not limited to:
1. Any contractor or person providing residential, food, courier, transport, office supplies, or any other facilities to Vedica.
2. Any visitor to any of the offices of Vedica.
3. Participants attending a seminar, workshop, training programme, meeting, or any other event or programme organised by Vedica.
4. Partner Institutions means any NGO, private sector corporation, or government body, or any other group or organisation, with which VSPW enters into an agreement, or collaborates with, or has a working relationship with, in furtherance of its objectives, and includes representatives of such institutions.
2.9 Internal Committee refers to the committee, constituted as per the SHWW Act 2013, which deals with complaints and allegations of sexual harassment at the workplace.
2.10 Local Committee refers to the committee, constituted as per the SHWW Act 2013, that is appointed by the District Officer. The role of the Local Committee is to investigate complaints of sexual harassment from organisations where the Internal Committee has not been constituted or if the complaint is against the Employer.
2.11 Appellate Authority refers to the authority notified under clause (a) of Section 2 of the Industrial Employment (Standing Order) Act, 1946. All appeals are filed with the Appellate Authority.

3. Duties And Responsibilities At Vedica

Vedica expects all scholars/employees to report cases of inappropriate behaviour of sexual nature to the VSPW’s Internal Committee. It is unlawful and a violation of this policy to retaliate against anyone who in good faith reports inappropriate behaviour makes a complaint of alleged harassment or discrimination or cooperates in an investigation. This policy applies to all Vedica employees and Scholars, whether they are in the Programme, at workplace, they are away at work, or they are attending organisation-sponsored social events or similar activities connected with their employment/Programme. This policy also prohibits harassment of Vedica employees/scholars by anyone, including any supervisor, faculty, co-worker, vendor, partner, client or customer. Vedica undertakes to provide all necessary facilities to enable the aggrieved person, to attend, and to participate in the proceedings before the VSPW’Internal Committee.

Where the respondent is an employee of a Partner Institution, Vedica shall provide meaningful assistance and support to the aggrieved person in seeking redress for an incident of sexual harassment.

Vedica assures that the filing of a complaint shall not adversely affect the terms and conditions of work of the aggrieved person or in any other way alter the conditions of work of the aggrieved person or witnesses concerned, to their prejudice, because of filing a complaint or participating in the inquiry. It further assures that no adverse or retaliatory action, such as transfer, loss of seniority, suspension, change in employment status, dismissal, intimidation, harassment etc. is taken against the aggrieved person for filing a complaint of sexual harassment or against any person for supporting a complaint of sexual harassment.

Vedica shall ensure the confidentiality and protection of the identity and address of the aggrieved person, respondent and witnesses, is maintained and the same is not subject to disclosure.

Vedica shall also encourage that all its Partner Institutions, receiving funds or grants or expert assistance from Vedica, to formulate a policy against Sexual Harassment and constitute the Internal Committee at their Programme/workplace in accordance with Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act, 2013.

4. Constitution Of The Internal Committee

Constitution of the IC: For redressal of all complaints of sexual harassment, Vedica has constituted an Internal Committee (IC) in accordance with the provisions of the SHWW Act 2013. This committee will have the following composition:
1. A Presiding Officer (PO), who will be a woman employed at a senior level in the organization.
2. A minimum of four members who are employees at Vedica.
3. One external member who is committed to the cause of women or is familiar with the issues related to sexual harassment.

Following are the details of the Internal Committee members.

Name	Official Designation	IC Role	Email Id
Ruchi Mahajan	COO & Director, Programme Development	Presiding Officer	ruchi.mahajan@vedicascholars.com
Rahul Lalchandani	Director, Admissions and Marketing	Member	rahul.lalchandani@vedicascholars.com
Nandini Bagai	Director, Academics	Member	nandini.bagai@vedicascholars.com
Aanchal Sinha	Asst. Director, Careers and Programme Development	Member	aanchal.sinha@vedicascholars.com
Antara Sen Dave	Consultant Counsellor at Vedica	Member	antarasendave@outlook.com
Pragnya Seth	Consultant	External Member	pragnyaseth@gmail.com

Other parameters regarding the constitution of the IC are:

At least fifty percent of the member will be women.
The Employer will not be a part of the IC.
All members of the Internal Committee will be nominated by the Employer for a period not exceeding three years from the date of their nomination.

VSPW, at its discretion, can change the constitution of the Internal Committee, remove member(s) and reappoint new member(s) in accordance with the provision of the SHWW Act and Rules, 2013.

Any member will cease to be a member of the Internal Committee if:

There is any complaint of sexual harassment pending against them or if they are found guilty of sexual harassment.
They show bias towards any party or have abused their position in any manner.
They disclose any information regarding the aggrieved person or the inquiry proceedings in violation of the law.
They have been convicted of any offense or an inquiry into any offense, under any law, is pending against them.
They have been found guilty in any disciplinary proceedings or a disciplinary proceeding is pending against them.
They cease to be an employee of the organisation, for any reason whatsoever.

Any vacancy will be filled by fresh nomination as per the appropriate guidelines.

4.2 Powers of the IC: For carrying out its duties under its policy, the Internal Committee have the same powers as are vested in a Civil Court under the Code of Civil Procedure, 1908, namely:
1. Summoning and enforcing the attendance of any person and examining them on oath;
2. Requiring the discovery and production of documents;
3. Any other matter, which may be prescribed under the Act.
4.3 Responsibilities of the IC: The members will be responsible for the following:
1. Ensure compliance with the Act and Rules, 2013.
2. Follow principles of natural justice when conducting the inquiry.
3. Maintain strict confidentiality throughout as well as after the inquiry process is over.
4. Submit final inquiry report and recommendations to the employer.
5. Help the aggrieved woman, if she so desires, to file the complaint with appropriate authorities in relation to the offence under IPC/BNS or any other law/provisions/guidelines related to similar nature.
6. Provide support to the aggrieved woman to file the complaint with the right authorities if the respondent is not an employee of Vedica.
7. Maintain detailed documentation of all cases, inquiry processes, and recommendations made, at a secure location.
8. Submit Annual Report, at the end of each calendar year, to the concerned District Office along with a copy to the Employer.
4.4 Quorum: The quorum of any meeting held during an investigation will be a minimum of three members. It is mandatory for the Presiding Officer to be present for all proceedings.

5. Redressal Mechanism

5.1 Process of filing the complaint: The aggrieved person can file a written complaint with any member/s of the Internal Committee. The complaint should include the following information:
1. Name and details of the aggrieved person.
2. Name and details of the respondent.
3. Date, place, and time-period of the incident.
4. Description of the incident.

Along with the above information, any supporting documents/evidence as well as details of witness/es, if any, can be included as a part of the complaint.

If the aggrieved person is unable to make the complaint in writing, the Presiding Officer or any member of the Internal Committee will provide all reasonable assistance to the aggrieved person for making the complaint in writing.

If the aggrieved person is not able to file the complaint either due to physical or mental incapacity, then someone else, such as a relative, friend, co-worker,fellow student, qualified psychiatrist / psychologist, a special educator, guardian or any other person who has the knowledge of the incident, can file the complaint on behalf of the aggrieved person, along with the written consent of the aggrieved person.

If the aggrieved person is deceased, a complaint may be filed by any person who has knowledge of the incident along with the prior written consent of the legal heir of the deceased aggrieved person.

5.2 Timeline for filing the complaint: The aggrieved person should file a written complaint with the Internal Committee within a period of three months from the date of the incident and in case of a series of incidents, within a period of three months from the date of the last incident.
The Internal Committee can extend the timeline by another three months, if they are satisfied that certain circumstances existed, which prevented the aggrieved person from filing the complaint within the prescribed time-period. Reasons for delay must be submitted in writing by the aggrieved person, along with the complaint.
The complaint should be submitted directly with the Internal Committee either via email or through hard copies. If the complaint is submitted as hard copy, then six signed copies must be submitted with the Internal Committee.
5.3 Procedure: Once a written complaint is received by the Internal Committee, it is acknowledged by the Presiding Officer in writing.
After acknowledging the complaint, the Internal Committeewill forward the complaint, along with the supporting documents and details of witnesses (if any), within seven working days to the respondent.
After receiving the copy of the complaint, the respondent has tosubmit theirwritten response to the complaint, along with any supporting documents and details of the witness/es, if any, with the Internal Committee within a period of ten working days.
A minimum of three members will be present during all the inquiry proceedings andit is mandatory for the Presiding Officer to be present for all proceedings.
The inquiry must be completed within a period of ninety days from the date the complaint was received.

5.4 Interim Relief: During the inquiry, at the written request of the aggrieved person, the Internal Committee can recommend the followingto the Employer:
1. Transfer the aggrieved person or the respondent to any other department, team, project etc. as feasible.
2. Grant leaves for up to three months to the aggrieved person. These leaves are in addition to the leave they are otherwise entitled to.
3. Prevent the respondent from reporting on or evaluating the work or performance or tests or examinations of the aggrieved person.
4. Ensure that the respondents are warned to keep a distance from the aggrieved and wherever necessary, if there is a definite threat, restrain their entry into the workplace, campus or hostel.
5. Grant any other relief to the aggrieved person as may be prescribed under applicable law.

5.5 Conciliation: Prior to initiating a formal inquiry into the complaint, the Internal Committee, at the written request of the aggrieved person, may take steps to settle the matter between the aggrieved person and the respondent through conciliation, provided that no monetary compensation shall be made as the basis of conciliation.
If a settlement is reached between the aggrieved person and the respondent, the Internal Committee will record the terms of the settlement and forward the same to the employer. The employer will take appropriate action as recommended by the Internal Committee.The Internal Committee will also provide a copy of the settlement to both the aggrieved person and the respondent for their records.No further investigation shall be conducted where a settlement has been arrived post conciliation.

The Internal Committee will initiate the formal inquiry process if:

No settlement is reached between the aggrieved person and the respondent;
The terms and conditions of the settlement are not implemented;
The aggrieved person opts for formal inquiry.

5.6 Formal Inquiry process: The Internal Committee must ensure that the principles of natural justice are followed during the inquiry. According to the principles of natural justice:

The respondent has the right to get a copy of the complaint, along with supporting documents and/or evidence attached with the complaint.
The aggrieved person and the respondent have the right to present their case separately to the Internal Committee. However, a legal practitioner cannot represent either party at any stage of the proceedings.
The aggrieved person and the respondent have the right to cross-examine each other and/or the witnesses.
The Internal Committee can decide the process to be followed for cross-examination on a case-to-case basis.

When conducting a formal inquiry, following should be kept in mind:

During the inquiry, the aggrieved person and the respondent cannot be represented by a legal practitioner or anyone else.
Wherever face-to-face inquiry is not possible, the Internal Committee can conduct the inquiry virtually.
The Internal Committee should inform the aggrieved person and the respondent (as well as the witnesses, if any) of the time and venue for the hearing(s).
All proceedings of the inquiry must be recorded, and minutes of the meeting must be shared on a timely basis with the aggrieved person and the respondent respectively.

5.7 Confidentiality: The contents of the complaint, the identity and address of the aggrieved person, respondent and witnesses, any information relating to conciliation and inquiry proceedings, recommendations of the Internal Committee and the action taken by the employer under this policy, will not be published, communicated or made known to the public, press or media in any manner.
If any person entrusted with the duty to handle the complaint, inquiry or any recommendation or action to be taken under the Act contravenes this provision, the organisation is entitled to recover a sum of INR 5000/- (INR Five Thousand) as penalty from such person.
5.8 Protection from Retaliation: The organisation will not accept any form of threat, intimidation and retaliation against anyone who brings a complaint of sexual harassment or who speaks as a witness in the investigation of a complaint of sexual harassment. Any employee engaging in retaliatory behaviour will be subjected to an investigation for misconduct and if found guilty, the Internal Committee may recommend to the employer to take appropriate disciplinary action as per the organisation’s policy.
5.9 Ex-parte decision or termination of the inquiry:The Internal Committee has the right to terminate the inquiry proceedings or to give an ex-partedecision if either the aggrieved person or respondent fails to appear for the meeting before the Internal Committee, without sufficient reason, for three consecutive hearings.
However, a notice of 15 days will be provided to them, prior to passing the ex-parte order or terminating the inquiry.
5.10 Final Report and Recommendation: Once the inquiry process is over, the Internal Committee will prepare a final report, which will include a summary of the proceedings, copy of the complaint, written response as well as the evidence submitted by both parties and details of the witnesses. The final report will also include findings, recommendations as well as disciplinary action(s) to be taken if the respondent is found guilty. The report shall be signed by all the members of the Internal Committee.
The Internal Committee shall submit the final report to the Employer within a period of ten days from the date of completion of the inquiry.
A copy of the final report shall be given to both aggrieved person and the respondent.
The Employer willtake action based on the recommendations of the Internal Committee within a period of sixty days from the date of receiving the final report.

6. Disiplinary Action

6.1 If allegations are proved: If the Internal Committee arrives at the conclusion that the allegation has been proved, depending on the seriousness of the allegations, the Internal
If the respondent is an employee, the Committee may give the following recommendations:

Submit a written apology.
Warning, reprimand or censure.
Withholding of promotion.
Withholding of pay rise or increments.
Undergo counselling sessions.
Carry out community service.
Termination.

If the respondent is a student,the Committee may give the following recommendations:

Submission of written apology
Issue a letter of warning
Withhold privileges of the student such as access to library, auditoria, halls of residence, transportation, scholarships, allowances, and identity cards.
Suspend or restrict entry into campus for a specific period.
Expel and strike off name from the rolls of the institution, including denial of readmission, if the offence so warrants.
Award reformative punishments like mandatory counselling and/ or, performance of community services.

Along with the above disciplinary actions, the Internal Committee can also deduct from the salary of the respondent, such sum, as it may consider appropriate to be paid to the aggrieved person. To determine the quantum of compensation to be paid to the aggrieved person, the Internal Committee will consider the following:

Mental trauma, pain, suffering and emotional distress caused to the aggrieved person.
Loss in the career opportunity due to the incident of sexual harassment.
Medical expenses incurred by the aggrieved person towards physical or psychiatric treatment.
Income and financial status of the respondent.
Feasibility of such payment in lump sum or instalments.

If the employer is unable to deduct such amount due to the respondent being absent from duty or cessation of employment, the Internal Committee will direct the respondent to pay the amount directly to the aggrieved person.

If the respondent fails to pay the amount, the Internal Committee will forward the order for recovery of the sum as an arrear of land revenue to the concerned District Officer authorised under the SHWW Act 2013.

6.2 If allegations are not proved: If the Internal Committee arrives at the conclusion that the allegation against the respondent has not been proved, it may recommend that no action will be taken.

6.3 False or malicious complaint: During the inquiry if it is found that the aggrieved person has made a false or malicious complaint or wilfully/intentionally submitted false documents implicating the respondent, the Internal Committee can initiate separate proceedings against the aggrieved person.
The malicious intent on part of the aggrieved personmust be established after an inquiry, in accordance with the procedure prescribed, before any action is recommended.
It is clarified that the mere inability of the aggrieved person to substantiate a complaint made to the Internal Committee does not amount to a false or malicious complaint.

7. Appeal

Any person aggrieved either by the recommendations of the Internal Committee or in case of non-implementation of the recommendations can make an appeal under Section 18 of the Act, within a period of ninety days from the date on which the recommendations are made.

The appeals can be filed with Appellate Authority notified under clause (a) of Section 2 of the Industrial Employment (Standing Orders) Act, 1946.

8. Third Party Harassment

If the respondent is an outsider, in addition to assisting the aggrieved woman to initiate action under the Indian Penal Code, 1806 or any other law for the time being in force, the employer shall also enforce necessary orders restricting respondent’s association with or any connection or relation to the work of the aggrieved person including, barring them from entry into the workplace.

Further, the Internal Committee will take all necessary steps and shall make reasonable efforts to assist and support the aggrieved person in any manner.

9. Action Against Non-Compliance

Non-compliance can cost an employer a penalty of INR 50,000/-. On repeated non-compliance, the employer can be penalised with twice the punishment. Non-compliance can also lead to cancellation of license, withdrawal or non-renewal of registration for carrying on business, by the Government or local authority (Section 26 of the Act).

10. Responsibilities of the Employer

The responsibilities of the Employer are

Provide all necessary facilities and assistance to IC for the purpose of ensuring full, effective and prompt implementation of this policy.
Promote and facilitate measures in the establishment for prevention of sexual harassment at the workplace.
Ensure a safe working environment at the workplace free from sexual harassment including prevention and deterrence.
Maintain a proactive awareness program or conduct workshops at regular intervals to educate the employees and students about the provisions of the Act, Policy and procedure for redressal.
Ensure that the complainant or witness is not victimised, harassed or discriminated against for initiating or giving evidence in the inquiry proceedings under this Policy.
The working conditions for the aggrieved person, respondent, or witness should not be impacted negatively because of making or being involved in a complaint under this policy.
Display at any conspicuous place in the workplace, the penal consequences and the order constituting IC of sexual harassment.
Assist in securing the attendance of Respondent and witnesses before the IC.
Help the aggrieved woman, if she so chooses to file a complaint in relation to the offence under the Indian Penal Code or any other law for the time being in force.
Monitor the timely submission of reports by the IC.

11. Submission of Annual Report

At the end of each calendar year, the Internal Committee will submit the Annual Report, in the prescribed format with the concerned District Office, along with a copy to the Employer.

12. Governing LAW

This policy follows provision of “The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013”.