Default Banner

POSH

PREVENTION OF SEXUAL HARASSMENT OF WOMEN (POSH) IN SJVN

SJVN is committed to create a secure work environment where all its stake holders such as Employees, Agents, Vendors and Partners can work and pursue business in an atmosphere free from any sexual harassment, to providing equal employment opportunities and to creating a healthy working environment for women to enable them to work without fear of prejudice, or gender bias and in a harassment-free workplace.
In accordance with the provisions of “The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013” and rules framed thereunder, Internal Complaint Committees (ICC) have been constituted for all-administrative units of SJVN.
1. CHQ Shimla- CHQ, Shimla, Parwanoo/ DSHEP,Hamirpur/Chenab Projects.
2. CHQ Delhi- LO Delhi/ All Renewable Projects of SJVN/ SGEL
3. NJHPS/ JTPHEP
4. RHPS
5. LHEP-I, II & SDHEP
6. STPL/ Arunachal Pradesh Projects
7. NMHEP, JSHEP, DHEP & LO, Dehradun.

  • 1. Receiving complaints of sexual harassment at the workplace.
    2. Initiating and conducting an inquiry as per the established procedure.
    3. Submitting findings and recommendations for inquiries.
    4. Coordinating with the employer in implementing appropriate actions.
    5. Maintaining strict confidentiality throughout the process as per established guidelines.
    6. Submitting annual reports in the prescribed format.

  • VERBAL
    1. Referring to an adult as a girl, hunk, doll, babe, or honey
    2. Whistling at someone, cat calls
    3. Making sexual comments about a person's body
    4. Making sexual comments or innuendos
    5. Turning work discussions to sexual topics
    6. Telling sexual jokes or stories.
    7. Asking about sexual fantasies, preferences, or history
    8. Asking personal questions about social or sexual life
    9. Making kissing sounds, howling, and smacking lips
    10. Making sexual comments about a person's clothing, anatomy, or looks
    11. Repeatedly asking out a person who is not interested
    12. Telling lies or spreading rumors about a person's personal sex life
     

    PHYSICAL
    1. Giving a massage around the neck or shoulders
    2. Touching the person's clothing, hair, or body
    3. Hugging, kissing, patting, or stroking
    4. Touching or rubbing oneself sexually around another person
    5. Standing close or brushing up against another person
     

    NON-VERBAL
    1. Looking a person up and down (Elevator eyes)
    2. Staring at someone
    3. Blocking a person's path
    4. Following the person

  • • Sexual harassment at the workplace is a concern across workplaces. It imposes a range of costs that impact individuals, Including the aggrieved person, the person against whom a complaint has been filed, the other employees, and the office. We have a dedicated law named POSH Act (The Sexual Harassment of Women at Workplace (Preventions Prohibition and Redressal) Act, 2013).
    • Under this Act, any aggrieved woman may make, in writing, a complaint of sexual harassment at workplace to the Internal Committee within a period of three months from the date of incident and in case of a series of incidents, within a period of three months from the date of last incidents.
    • Provided that where such complaint cannot be made in writing, the Presiding Officer or any Member of the Internal Committee shall render all reasonable assistance to the woman for making the complaints in writing.
    • Provided further that the Internal Committee may, for the reasons to be recorded in writing, extend the time limit of not exceeding three months, if it is satisfied that the circumstance were such which prevented the woman from filing a complaint within the stipulated period.
    • Where the aggrieved woman is unable to make a complaint on account of her physical or mental incapacity or death or otherwise, her legal heir or such other person as may be prescribed may make a complaint in this regard under the provision of POSH Act.

  • The objective of this act is to create safe workplaces for women in our country and protect their dignity. It mandates that every organization having 10 or more employees should create an Internal Committee (IC) which will inquire into complaints of sexual harassment at the workplaces. This Act has specified the qualifications required to be an IC member, their term, grounds for removal, etc. SJVN also constituted the Internal Complaint Committees for it’s all administrative units & Projects.
    The IC by law can only look into complaints wherein the aggrieved person is a female. Here is a step-by-step procedure which will help the Internal Complaints committee (IC) to ensure the implementation of POSH Act at workplace.
    Step 1: Jurisdiction- Once an IC receives a written complaint the first thing that it should do is to check for jurisdiction. The following points should be covered while ascertaining if the IC has the authority to deal with the complaint:
    a. The identity of the complainant as well as the respondent is mentioned in the complaint.
    b. The allegations fall within the definition of Sexual harassment as per the POSH Act.
    c. The complaint has been filed within a period of 3 months from the last date of the incident. IC has the discretionary power to give a further extension of 3 months.
    d. The Respondent is an employee of SJVN Ltd.
    e. The alleged incident took place at the workplace.
    Step 2: Introductory Call with the Complainant- Once the IC has determined its jurisdiction, the next step is to have an introductory call with the complainant, The objective of this call is to understand the allegations better, to explain the procedure laid out under the law and the redressal options available.
    Step 3: Introductory Call with the Respondent(s)- The next step is to have an introductory call with the respondent(s). The objective of this call is to apprise the respondent(s) of the complaint, inform them about the procedure and their rights.
    Step 4: Forward the complaint copy to the Respondent(s)- Once the IC speaks to the respondent(s), it should forward a copy of the complaint to them. The objective is to ensure that the IC acts in a fair and an unbiased manner and give the respondent(s) an opportunity to present their side of the story. This has not only been mentioned in the POSH Act but has also been reiterated by the courts. Further, the IC should ensure that this is done within a period of 7 working days from the date of filing of complaint. Once the respondent(s) receives the complaint copy, he gets a 10 working days period to file their written response.
    Step 5: Follow up with the Complainant on her choice of redressal option- The complainant has the right to either opt of conciliation or inquiry, Conciliation is a form of settlement which can be requested in writing only by the complainant and before the inquiry has been initiated. If the complainant opts for conciliation, the same needs to be conveyed to the respondent(s) who then get the right to accept, deny or negotiate the conciliation terms.
    Step 6: Examination of Complainant, Respondent(s) and Witnesses- If the complainant opts for Inquiry, then the next step is to individually meet both the parties and the witnesses, if any, to have a detailed conversation regarding the complaint and ask questions which will help the IC ascertain if the allegations can be substantiated or not. Questions should be open ended; they cannot be leading or personal in nature.
    Step 7: Cross Examination- Once individual statements of the parties are recorded, the next step is to let the parties cross question each other. At this stage, the complainant and respondent(s) will come face to face and ask questions, including pointed questions. Here the IC’S role is to supervise the conversation and disallow any personal or derogatory questions. The parties can also cross examine the witnesses of their choice. In exceptional circumstances, written cross-examination can be allowed.
    Step 8: Calling- This is the final and an optional stage wherein the IC can call any of the parties or witnesses if it requires any further clarification before concluding. Here, leading questions can be asked. All the above-mentioned steps need to completed within 90 days.
    Step 9: Inquiry Report- Now the IC needs to prepare an inquiry report with a set of recommendations if the allegations are substantiated or if it's a false or malicious complaint. The report needs to be generated and forwarded to the employer within 10 days. Once this is done, employer gets 60 days to execute the recommendations. These are the broad steps which the Internal Complaints Committee (IC) needs to follow while dealing with a sexual harassment complaint of women employees at workplace.

  • Presiding Officer: The Presiding Officer will be a woman who is responsible for conducting the inquiry into the complaint of sexual harassment. She must be a senior-level employee of the organization.
    Members: At least half of the members of the IC must be women. These members should be representative of the diverse workforce of the organization. They should have experience in dealing with issues related to sexual harassment.
    NGO/Association Representative: One member of the IC must be from a non-government organization or an association committed to the cause of women. This member should have knowledge and experience in dealing with issues related to sexual harassment. Expert Member:
        a. One member of the IC must be a person familiar with the issues related to sexual harassment. This can be an academic, a legal expert, or a person with experience in dealing with such issues. The Internal Committee plays a crucial role in ensuring that the organization is compliant with the POSH Act and that employees are protected from sexual harassment at workplace. The IC is responsible for receiving complaints of sexual harassment, conducting inquiries, and making recommendations for resolution.
        b. An external member can be anyone affiliated with NGOs or associations dedicated to women’s causes or an individual well-versed in sexual harassment issues.

  • The IC is responsible for receiving, inquiring into, and resolving complaints of sexual harassment made by employees of the organization. It also plays a key role in creating awareness about sexual harassment. It helps in promoting a culture of zero tolerance for such behavior within the organization. The rules for IC are governed by the Prevention of Sexual Harassment (PoSH) Act.
    The IC also plays a key role in creating awareness about sexual harassment and promoting a culture of zero tolerance for such behaviour within the organization. It is important to note that the IC is not a judicial body and does not have the power to impose penalties. However, the committee may recommend disciplinary action against the accused and the organization must take appropriate action based on the findings of the inquiry. Objectives of the Internal Committee (IC)- It’s objectives include preventing and redressing instances of sexual harassment at the workplace, creating a safe and respectful work environment and ensuring compliance with the PoSH Act. Role of HR in Internal Committee (IC)- The HR department plays a crucial role in implementing the PoSH policy, creating awareness, conducting training, and ensuring compliance with the PoSH Act. HR Division also support the Posh Committee in its functioning. Punishment by the Internal Committee (IC)- The Posh Act prescribes various penalties for employers and individuals who violate its provisions, ranging from reprimands to termination of employment. The scope of Posh Act- The Posh Act applies to all workplaces, including government offices, private companies, educational institutions, and NGOs. It covers a wide range of sexual advances, including unwelcome physical contact, verbal abuse, and creation of a hostile work environment.