ITS DENTAL COLLEGE HOSPITAL &
RESEARCH CENTRE
47 Knowledge Park III, Greater Noida, U.P.
Pursuant to the directives of the Supreme Court of India Women’s Empowerment and Grievances
Cell has been set up at I.T.S. DENTAL COLLEGE HOSPITAL & RESEARCH CENTRE ,
47, Knowledge Park III, Greater Noida, U.P. to uphold the dignity of women at work
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PURPOSE AND FUNCTION
To facilitate a gender-sensitive and congenial working environment at I.T.S
Dental College so that women at the work place are not subjected to gender
specific discrimination or sexual harassment.
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WHAT CONSTITUTES HARASSMENT?
Any unwelcome sexually determined behavior (physical, verbal or any other
form) which violates a women’s dignity and interferes with her ability to
operate freely at work. Harassment would also include gender based
Members
discriminatory behavior. Being respected means being treated honestly and
professionally, with one’s unique talents and perspectives valued. A respectful
Prof.& Dr. Anuja workplace is about more than compliance with the law. It is a hostile free
working environment that is free of inappropriate behavior of all kinds and
Agarwal
[email protected] harassment because of age, disability, marital status, race or color, national
origin, religion, sex, sexual orientation or gender identity.
Dr. Swati Srivastava
 WHO CAN APPROACH THE CELL?
[email protected]
Any woman employee academic/ non-academic (including contractual, casual
du.in
and temporary) or female student of the college.
Dr. Amrita Puri
 HOW TO LODGE A COMPLAINT?
[email protected]
The person concerned can personally approach/ telephone/ write/ e-mail any
member of the Cell. The name of the complainant will be kept
CONFIDENTIAL
SIMPLE GESTURES CAN MAKE ALL THE
DIFFERENCE
Each such incident (of harassment) results in violation of
the fundamental rights of gender equality and the right to
life and liberty. It is a clear violation of the rights under
Articles 14, 15 and 21 of the Constitution. One of the
logical consequences of such an incident is also the
violation of the victim’s fundamental right under Article
19 (1) (g) to practice any profession or to carry out any
occupation, trade or business. Such violations, therefore,
attract remedy under Article 32 for the enforcement of
these fundamental rights of women
FUNCTIONS OF THE CELL
The office of the cell is an educational resource as well as a complaint centre for the
members of the campus community who has been sexually harassed;
 To advise complainants of the informal and formal means of resolution as specified by the
cell.
 To ensure the fair and timely resolution of sexual harassment complaints.
 To provide information regarding counseling and support services on our campus.
 To ensure that student, faculty and staff are provided with current and comprehensive
materials on sexual harassment and assault.
 To promote awareness about sexual harassment through educational initiatives that
encourages and fosters a respectful work and learning environment.
The cell wants to inform the campus community of their right to a respectful work and
learning environment. It believes that if we practice respect, exercise empathy through our
interactions with the other so that we do not hurt anyone though what we say or do then we
can create a campus that is free of sexual harassment and violence. Simple respect for all on
the campus community is thus the focal point.
The objective of such a cell is to provide a streamlined, positive and uniform way of
dealing with cases of harassment. It aims to make all employees aware of the preventive
measures and forewarns them to detest from undue actions.
Each employee should understand that incidents of harassment and inappropriate behavior
will not be tolerated and the cell is committed to achieve these objectives through:
a) PROPAGATION OF INFORMATION: The cell disseminates information of sexual
harassment and violence at the work place through the production, distribution of printed
materials, posters and handouts.
b) CONSCIOUSNESS-RAISING WORKSHOPS:
The cell conducts effective programs about sexual harassment for faculty, non teaching staff
and students. The aim is to develop nonthreatening and non-intimidating atmosphere of
mutual learning.
c) COUNSELING: The cell also conducts the activities like elocution competition, etc to
create awareness. Confidential counseling service is thus important as it provides a safe
space to speak about the incident and how it has affected them.
d) AWARENESS THROUGH EXTRA CURICULAR ACTIVITY:
The cell conducts to the activities like debating competition, easy competition, poster
competitions, etc in order to raise awareness.
e) GUEST/EXTENSION LECTURES: the lectures of eminent personalities from NGOs,
civil authorities, academicians and experts working in the area are arranged from time to
time.
DEFINITIONS
(a) ''aggrieved person'' in relation to a workplace means a person, of any age,
who alleges to have been subjected to any act of sexual harassment by the
respondent;
(b) ''employee'' means a person employed at a workplace for any work on regular,
temporary, ad hoc or daily wage basis, either directly or through an agent,
including a contractor, with or without the knowledge of the principal
employer, whether for remuneration or not, or working on a voluntary basis or
otherwise, whether the terms of employment are express or implied and
includes a co-worker, a contract worker, probationer, trainee, apprentice or
called by any other such name.
(c) “employer'' means in relation to any department, organization, undertaking,
establishment, enterprise, institution, office, branch or unit, the head of that
department, organization, undertaking, establishment, enterprise, institution,
office, branch or unit or such other officer as the appropriate Government or
the local authority, as the case may be, may by an order specify in this behalf
(d) “sexual harassment'' includes such unwelcome sexually determined
behaviour (whether directly or by implication) as—
(i) physical contact and advances; or
(ii) a demand or request for sexual favors; or
(iii) sexually colored remarks; or
(iv) showing pornography; or
(v) any other unwelcome physical, verbal or non-verbal conduct of sexual
nature
HOW THIS CELL FUNCTIONS
If you are being harassed:
I. Tell the accused that his behaviour is unwelcome and ask him to stop.
II. Keep a record of incidents (dates, times, locations, possible witness, what
happened, your response). It is not mandatory to have a record of events to file a
complaint, but a record can strengthen your case and help you remember the
details over time, in case the complaint is not filed immediately.
III. If, after asking the accused to stop his behaviour, the harassment continues,
report the abuse to the Women Grievances and Empowerment Cell formed
for this purpose, and file a complaint as soon as possible. You may also email
your complaint at [email protected] created especially for this purpose.
Procedure to file/report a complaint:
1. The complaint will have to submit in writing and signed by the complainant and
addressed to the secretary of the cell.
2. The counselor will call the complainant for a personal meeting, usually within a week
from the submission of the written complaint.
3. The members of the cell will discuss the complaint. If the case falls outside the purview
of the cell, the complainant will be informed about the same by the appropriate authority. If
the case comes under the purview of the cell, an enquiry committee will be set up. The
committee will submit a report and recommend the nature of action to be taken at the
earliest by bifurcate the appropriate authority.
CONCILIATION
The Women Grievances and Empowerment Cell may, before initiating inquiry and at the
request of the aggrieved person take steps to settle the matter between her and the
respondent through conciliation. Where a settlement has been arrived at, the Women cell
shall record the settlement so arrived and forward the same to the employer to take action as
specified in the recommendation.
The Women Cell shall provide the copies of the settlement as recorded to the aggrieved
person and the respondent.
Where a settlement is arrived at no further inquiry shall be conducted by the Women Cell.
COMPLAINT
• The victim will have a right to lodge a complaint concerning sexual harassment against an
accused with the Women Grievances and Empowerment Cell, 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 incident.
Provided further that the Committee 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.
• Such a complaint shall preferably be in writing; if the complaint is oral the same shall be
reduced in writing.
• The complainant will be given full confidentiality at this stage.
• The Chairperson, or in her absence, any Member, shall convene a meeting of the Cell
immediately on receipt of a complaint preferably within 5 days, but in no case later than a
week.
• At the first meeting, the complainant will be required to be present; the Cell shall hear the
complaint and decide whether a prima facie case is made. If not, the matter will be closed
there itself.
INQUIRY INTO COMPLAINT
• If the case proceeds further, the Women Cell shall inform the person accused that a
complaint has been filed against him and demand from him a written explanation within 7
days of date of issue of notice to him.
• If the complainant or the accused desires to examine any witnesses, she shall
communicate in writing to the Chairperson the names of witnesses whom she proposes to so
examine.
• The Women Cell shall ensure that the rule of natural justice is followed and both parties
are given reasonable opportunity to be heard and to present their side of the story. Both the
complainant and the alleged accused will be questioned separately with a view to ascertain
the veracity of their contentions. If required, the person who has been named as a witness
will need to provide the necessary information to assist in resolving the matter
satisfactorily.
• The investigation shall ordinarily be completed within a period of 3 months from the date
of lodgement of complaint with the Women Cell, in accordance with the service rules of the
College.
• The findings of the Women Cell shall thereafter be forwarded to the employer who shall
implement the same by issuing necessary orders within 10 days of the date of receipt of
decision of the Women Cell.
ACTION DURING PENDENCY OF INQUIRY
During the pendency of an inquiry, on a written request made by the aggrieved person, the
Women Cell may recommend to the employer to—
(a) transfer the aggrieved person or the respondent to any other workplace; or
(b) grant leave to the aggrieved person up to a period of three months; or
(c) grant such other relief to the aggrieved person as may be prescribed.
The leave granted to the aggrieved person under this section shall be in addition to the leave
she would be otherwise entitled.
DISCIPLINARY ACTION
Any person found guilty of sexual harassment shall be liable to be punished and shall be
liable for any of the following depending upon the graveness of the matter:
• Warning or reprimand
• Withholding of increment
• Reduction in rank
• Termination of service
The employees who are victims of sexual harassment, may, in addition to the above, seek
legal remedies as may be provided under various laws for the time being in force.
COMPLAINTS MADE WITH A MALICIOUS INTENT
This policy has been evolved as a tool to ensure that in the interest of justice and fair play,
employees have a forum to approach in the event of instances of sexual harassment.
However, if on investigation it is revealed that the complaint was made with a malicious
intent and with the motive of maligning the concerned individual/ tarnishing his image in
the College and to settle personal/ professional scores, strict action will be taken against the
complainant.
Provided that a mere inability to substantiate a complaint or provide adequate proof shall
not be a case for attracting action against the complainant under this section.
THIRD PARTY HARASSMENT
In case of third party sexual harassment, the College will assist and provide all its resources
to the complainant in pursuing the complaint and ensure her safety at least in its premises.
WHAT ARE THE TYPES OF SEXUAL HARASSMENT THAT CAN
HAPPEN ON CAMPUS?
Quid pro quo and hostile work environment are the two broad types of sexual harassment.
Sexual harassment at work place is generally classified into two distinct types. \
Quid pro quo, means on the lookout for sexual favors or advances in exchange for work
benefits and it occurs when consent to sexually open behavior or speech is made a clause
for employment or refusal to comply with a ‘request’ is met with penalizing action such as
dismissal, demotion and difficult work conditions.
‘Hostile working environment’ is more persistent form of sexual harassment involving
work conditions for the women to e in. certain sexist remarks, display of pornography or
sexiest / obscene graffiti, physical contact /brushing against female employees are some
examples of hostile or antagonistic work environment. The word ‘unwelcome’ is the key in
defining sexual harassment. It is the impact and effect the behavior has on the recipient that
will define the behavior as sexual harassment.
SUPREME COURT RULING
SEXUAL HARASSMENT AT THE WORKPLACE:
In 1997, the Supreme Court acknowledged and addressed the matter of sexual harassment at
the workplace. The judgment formed mandatory sexual harassment prevention guiding
principles for the workplace, applicable all over India.
The understanding and information about it can lead to a workplace free of sexual
harassment for all persons.
Sexual harassment injects the most humiliating sexual stereotypes into the common work
settings and always represents a deliberate assault on a person’s personal privacy.
WHAT CONSTITUTES SEXUAL HARASSMENT AND VIOLENCE AT THE
WORKPLACE?
The Supreme Court’s order states that sexual harassment is any unwelcome:
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Physical contact and advances.
Demand or request for sexual favors
Sexually colored remarks
Display of pornography
Any other unwelcome physical, verbal or nonverbal conduct of a sexual nature
Violent conduct or treatment or unlawful use of force.
Harassment can take the appearance of banter i.e. teasing, mockery, joking, repartee, wit,
chitchat, etc. or even take on the shape of unwelcome physical contact. At times, a boss
may bring into play sexually tinged language with a colleague; order for a meeting after
office hours for a relaxed and peaceful dinner for two, or threaten carrier options by means
of sexual harassment. Basically it is any unwelcome word or actions of sexual temperament.
For example:
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Rebuff of payment or official endorsement in the absence of sexual favors.
Pornographic pictures/ messages displayed on desks, boards or sent by e-mail
Comment made about personal appearance and dress
Colored jokes shared in the office that make others feel uncomfortable.
Realize that sexual attention becomes harassment when it is “unwelcome”. Whether the
performer deliberately sexually harasses another is not the concern. How the critical
because of the subjective characteristic of sexual harassment? It is vital to comprehend what
distinguishes sexual harassment from “friendly” behavior.
Friendly behavior is welcome and reciprocated.
Precautionary measures are sure to assist in building of a more industrious and focused
work environment where employees are comfortable and secure. Knowing and
understanding that sexual harassment is about exercising power and control by
embarrassing and by embarrassing and by pressuring will help in understanding and dealing
with complexities of this concern.
WHETHER THE SUPREME COURT GUIDELINES APPLY TO OUR CAMPUS?
All government and private sector organizations, hospitals, universities and unorganized
sector come under the purview of these guidelines. Women, who either draw a regular
salary, receive an honorarium or work in a voluntary capacity will in particular benefit from
these guidelines. The lady students, whether a student of any school or a research fellow,
are covered under this.
WHAT ARE THE REMEDIES?
It is the statutory responsibility of all the employers or responsible heads of institutions to
set up definite conduct rules and preventive measured to stop sexual harassment in their
workplace or institutions. The guidelines direct employers to set up procedures through
which women can make their complaints heard. A complaint committee headed by a
woman, and of which at least half the members are women, should be formulated to look
into complaints of sexual harassment. To prevent undue pressure from within the
organizations, the committee should include a third party representative from nongovernmental organization (NGO) or any other individual acquainted with the issue of
sexual harassment. All complaints are to be handled in a confidential manner within a time
bound framework. An annual report must be prepared and submitted to the government
department concerned.
WHAT ARE THE PREVENTIVE MEASURES?
1. The guidelines talk about preventive steps that should be taken by employers like;
An express prohibition of sexual harassment as defined above should be notified, published
and circulated in appropriated ways.
2. Amendments of conduct and service rules to include sexual harassment as an offence and
provide for appropriate discipline against the offender.
3. In addition to preventive and remedial measures, the court has also stressed the need for
raising awareness in the workplace.