Constitution of ICC for considering complaints of sexual harassment of students and women employees at DRMSC

 

In compliance with the instructions of National Commission for women and guidelines issued in implementation of the directives of Hon’ble Supreme Court Judgement dated 13th August, 1997 in the case of Visakha and others vs. State of Rajasthan and Others on the subject of sexual harassment of women in the workplace, Dr. Meghnad Saha College had duly constituted a Complaint Committee for considering complaints of sexual harassment of students and women working in the institution. The composition of the Complaints Committee was  of the existing Convenor and Members. The details with regard to the Act & rules, role, functions etc. of ICC are as given below:

Purpose of ICC

1. Providing protection to girl students and  women employees against sexual harassment at the institution.
2. To prevent sexual harassment.
3. To provide a redressal mechanism for complaints relating to sexual harassment at the institution.

 

What is the Procedure to File a Complaint with the Committee?

Complaint procedure:

Complaint regarding Sexual Harassment against girl students and women employees  can be made either in paper form or by sending e-mail to ICC, DRMSC. The
Sexual Harassment of Women at Workplace(Prevention, Prohibition and Redressal) Act and Rule 2013 stipulates that aggrieved woman can make written complaint of sexual harassment at workplace to the ICC or to the LCC 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. As per the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Rules, 2013, in case the aggrieved woman is unable to make a complaint on account of her physical incapacity, a complaint may be filed inter alia by her relative or friend or her co-worker or an officer of the National Commission for Woman or State Women’s Commission or any person who has knowledge of the incident, with the written consent of the aggrieved woman.

 

 

Who can file a complaint?

The complaint can be filed by the following persons : –

• Aggrieved women

In case of her physical incapacity, the following persons can file a complaint : –

• Relative of Complainant
• Friends of Complainant
• Co-worker
• Officer of National Commission for Women or State Commission for Women
• Any person who has knowledge of the incident with the written consent of the complainant
• In case of her mental incapacity, the following persons can file a complaint –
• Complainant’s relative
• Complainant’s friend
• Special educator
• Qualified psychiatrist/psychologist.

 

Time Period

The complaint can be filed within 3 months from the date of the incident of sexual harassment. In case of a series of incidents, the complaint must be filed within 3 months from the date of the last incident. The Act provides that the time period of 3 months may be extended by the Committee after recording reasons.

Other requirements

• Six copies of the complaint are to be filed
• Supporting documents and evidence, details of witnesses
• Details of the incident
• Details of respondent

 

Timeline of the complaint

• After receiving the complaint, within seven days one copy of the complaint is sent to the respondent.
• Upon receiving the complaint, the respondent has ten days to file a reply to the complaint along with supporting documents.
• Ninety days period is provided for completion of the inquiry.
• The issuing of an inquiry report must be within ten days after the completion of inquiry.
• After inquiry, the employer must act upon the recommendations within ten days.
• Ninety days period is available for appeal against the decision of the ICC.
• Upon completion of the inquiry, if the Internal Complaint Committee finds the person guilty, it may prescribe to forward the compplaints to the police.

 

When can the committee forward the complaint to the police?

The Internal Complaint Committee has been empowered to forward the complaints to the police in two circumstances which are as follows: –

• For registration of a case under section 509 of the Indian Penal Code(2) or other provisions of the criminal law, within the period of seven days.
• When a settlement is agreed upon between the parties and the respondent does not comply with the condition(s) of the settlement, the Committee may forward the complaint to the police.

 

What are the general duties of the Committee?

The Committee has a major role to play at the workplace where it has been constituted. A general list of duties of the Committee is enumerated as follows: –

• Implementation of the Anti–Sexual Harassment Policy at the workplace
• Submit an Annual Report
• The employer must include details in the report like number of case files at their disposal.
• Create awareness at the workplace by way of documents, notices, workshops, seminars, handbook s, liflets etc.
• The handbook, liftets informs the end user ( a student/ an employee/worker) about

 

workplace sexual harassment and their right to an informed complaint process in seeking redress as provided under the Act .

 

• Rules framed thereunder.
• Publicize the policy framework
• Provide a safe and accessible mechanism of complaint to the victims
• Initiation of inquiry at the earliest
• Redress the complaints in the best possible manner
• Provide an opportunity for conciliation
• Follow the principles of natural justice at all stages of the proceedings
• Forward the complaint to the police, where required
• Submit recommendations along with the inquiry report
• Maintain confidentiality in regard to the proceedings taking place before the Committee.

 

 

Composition of Internal Complaint Committee

Name of the Committee	Sl No	Name of the Members	Position
Internal Complaints Committee (ICC)	1	Vice Principal, Dr. Meghnad Saha College	Chairperson
Internal Complaints Committee (ICC)	2	Dr. Irien Shabnam, Assoc. Prof. in Bengali, Dr. Meghnad Saha College	Member       (Convener)
Internal Complaints Committee (ICC)	3	Piali Roy, Asstt. Prof. in Sociology, Dr. Meghnad Saha College	Member
Internal Complaints Committee (ICC)	4	Anjan Some, Asstt. Prof. in English, Dr. Meghnad Saha College	Member
Internal Complaints Committee (ICC)	5	Sutapa Ghosh, Clerk, Dr. Meghnad Saha College	Member
Internal Complaints Committee (ICC)	6	Shyam Pahan, Peon, Dr. Meghnad Saha College	Member
Internal Complaints Committee (ICC)	7	General Secretary, Students Union, Dr. Meghnad Saha College	Member
Internal Complaints Committee (ICC)	8	Cultural Secretary, Students Union, Dr. Meghnad Saha College	Member
Internal Complaints Committee (ICC)	9	Sports Secretary, Students Union, Dr. Meghnad Saha College	Member
Internal Complaints Committee (ICC)	10	NGO, Sarada Trust, Itahar, U.D.	Member
NB: This committee will function since 01.07.2020 to 30.06.2023