Gender Harassment Prevention Committee

INTERNAL COMPLAINT COMMITTEE

Medical College Baroda

The M. S. University of Baroda

No/MCB/Constitution of ICC / 19217-24 /2024
Dean Office, Medical College Baroda, Vadodara.
Phone Number- 0265-2427545, 2421594
Fax No- 0265-2121056
E Mail Address: deanmcbrd@gmail.com

Date :07/08/2024

The Internal complain committee (ICC) which was constituted as per PoSH act,2013 has been revised as follow:

INTERNAL COMPLAINTS COMMITTEE

OBJECTIVE
The sexual harassment results in violation of fundamental rights of a women to equality under Article 14 and 15 of the Constitution of India (“Constitution”) and right to life and live with dignity under Article 21 of the Constitution and her right to practice any profession or to carry on any occupation, trade or business which includes right to safe working environment.

Hon’ble Supreme Court of India has laid down guidelines for its prevention and deterrence in 1997. Based on the guidelines framed by the Hon’ble Supreme court of India in Vishaka versus State of Rajasthan and the statute ratified vide Convention, the Government of India, Ministry of Law and Justice has constituted the “The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (“ POSH Act”) In compliance to abovesaid guidelines, Medical College, Baroda is committed to providing and promoting safe, healthy and conducive work environment particularly to its women employees. our endeavour is to promote and implement a policy to ensure zero tolerance towards verbal, physical, psychological conduct of a sexual nature by any employee that directly or indirectly harasses, disrupts or interferes with another’s work performance or creates an intimidating, offensive or hostile environment such that it
creates hinderance for an employee to achieve her maximum potential.

Definition of Sexual Harassment

For the purpose of this Policy, Sexual Harassment shall include:
Any form of verbal or physical behaviour which is unsolicited and unwelcome and interferes with an individual’s work performance by creating an intimidating/insecure working environment. Unwelcome sexually determined behaviour (whether directly or by implication) in any form, such as:

a) Physical contacts and advances;
b) A demand or a request for sexual favours;
c) Sexually coloured remarks;
d) Showing pornography;
e) Any other unwelcome physical, verbal/non‐verbal conduct of sexual nature.

CONSTITUTION OF INTERNAL COMPLAINTS COMMITTEE

To enable a fair mechanism for dealing with such conduct, Medical College, Baroda has constituted an Internal Complaint Committee (“ICC”) keeping in view the guidelines prescribed in notification No. 14 of 2013, by The Gazette of India published APRIL, 23. 2013, by Ministry of Law and Justice. The details are available on website of the college.

COMPLAINTS
Any aggrieved women who has been subject to sexual harassment by any person, including a supervisor, manager, employee of other organisation or vendor by way of any action or words shall make in writing complaint about the incident to the ICC as set forth below as the case may be or to any member of ICC within three months from the date of occurrence of the said incident and in case of a series of incidents within a period of three months from the date of the last incident.
Where aggrieved woman is unable to make a complaint in writing on account of her physical or mental incapacity or death or otherwise, her legal heirs or such other person as may be prescribed may make a complaint.

ENQUIRY PROCEDURE
A timely enquiry of Complaints of sexual harassment is of utmost importance. Normally, the enquiry shall be concluded and acted upon at the earliest from the date of the Complaint being made in writing.

The ICC, as the case may be will conduct an enquiry and provide an opportunity to the Complainant as well as the Respondent to represent their case and explanations/ reasoning thereto.
In the event of any Complaint is received, the following procedure shall be followed by the ICC:

1. An enquiry is initiated through the members of ICC, as the case may be as advised by the Chairperson at the earliest after receiving the Complaint in writing / email.
2. The enquiry seeking detailed information / explanation/ reasoning will be conducted with the Complainant as well as Respondent independently by the ICC.
3. The enquiry proceedings convened by ICC should always be kept in written Minutes and / or video recordings and same is to be preserved for records by the ICC as the case may be. The proceedings of the enquiry (i.e. the witness makes his/ her submission) should be recorded on camera.
4. On submission of report the ICC shall consider the report at the earliest and, on being satisfied for the need, may order full enquiry into the Complaint.
5. It is important to mention herein that the ICC on receipt of any Complaint from the Complainant should upfront seek his / her expectation from the ICC with regard to Complaint and the ICC should also brief the Complainant about the option of conciliation available to him
/ her with the Respondent, if so desired by the Complainant. However, once the enquiry is initiated the option of conciliation cease to exist.
6. The ICC will study the findings and shall then proceed to deal with the Complaint in accordance with the Policy and the Act and redress the Complaint within ninety (90) days from the date of receipt of the Complaint and accordingly submit its detailed finding and advise in
connection with the Complaint to the Employer, as the case may be.
7. However, the ICC may close the enquiry and / or is not required to initiate same in the event the Complainant fails to appear before the ICC and / or fails to revert to the query(s) raised by the ICC for three consecutive events. The ICC shall record the reasons for closure of the
Complaint accordingly. Further, in the event the Respondent deliberately avoids his / her appearance before the ICC, the employer or any person so appointed by the employer should direct / instruct the Respondent to appear before the ICC.
8. Thereafter, the ICC will present the decision including handover of all the collected material i.e. the duly signed statement of the Complainant, Respondent, witnesses, involved parties and material objects if any along with recommendations.
9. In the event that there are no eyewitnesses, the ICC may have to resolve a sexual harassment claim based on the credibility of the parties. Circumstantial evidence also would play important role during the decision making process by the Committee.
10. The final decision shall be communicated to the Complainant and the Respondent.
11. An enquiry in connection with any Complaint may be initiated / continued irrespective of the fact that police proceeding has also been initiated in connection with the said Complaint.

PROCEDURE OF SUBMISSION OF REPORT
The enquiry Committee / Member/s of the Committee should be prepared to deal with the Complainant’s embarrassment and anger patiently, but firmly, explaining the detail and documentation that are needed for an accurate enquiry.
1. The Complainant should be interviewed first, to ensure that all important details and witnesses are identified promptly and if any material object is provided the same should be received, numbered and preserved.
2. It is important for the ICC to be objective and non‐judgmental and allow the Respondent to respond to each allegation. The ICC should inform the Respondent of the type of disciplinary action that may be taken if the Complaints are found to be true.
3. Both parties should be told to avoid contact with one another, and ways to minimize contact should be implemented.
4. In the vent the Complainant has filed a Complaint against her superiors or any person placed high on hierarchy then during the course of enquiry the Complainant may: a) Either seek a transfer; OR b) Take leave from employment for a maximum period of 3 months.
5. The Complainant should report any further incidents of harassment or retaliation during the continuance of enquiry.
6. Witnesses should be told as little as possible about the details of the Complaint in order to maintain confidentiality under the Policy.

CRIMINAL PROCEEDINGS
1. Where such conduct amounts to a specific offence under the Indian Penal Code or under any other law, the respective Employer (as the case may be) based on the findings and advice of the ICC may initiate appropriate action in accordance with law by making a Complaint with
the appropriate authorities.
2. The ICC would provide assistance to the aggrieved if they chose to file Complaint under the Indian Penal Code.
3. The ICC would ensure that Complainants or witnesses are not victimized or discriminated against while dealing with Complaints of sexual harassment.

MALA FIDE COMPLAINTS
1. If the enquiry reveals that the Complaint is unjustified or Complainant had raised the concern with ulterior motives, Employer or any person duly authorized by the Employer will counsel the Complainant and recommend suitable action to prevent recurrence.
2. However, the Employer or any person duly authorized by the Employer will ensure that the Complainant is not victimized.
3. Requisite penal actions, may be invoked against Mala Fide Complainant.

PENALTY FOR NON COMPLIANCE
Where the employer fails to
A) Constitute an ICC u/s 1 (4) of the Act
B) Take action u/s 13,14 & 22 of the Act
C) Contravenes or attempt to contravenes or abets contraventions of other provisions of this Act or rules made there under
Shall be punishable with a fine which may extend up to Rs. 50000/-.

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