Internal Complaints Committee

SOP

INTERNAL COMPLAINTS COMMITTEE (ICC),

AMU, ALIGARH

INTRODUCTION

• Sexual harassment amounts to a serious violation of a woman’s fundamental right to equality as guaranteed under Articles 14 and 15 of the Constitution of India, as well as her right to life and personal dignity under Article 21. It also infringes upon her right to practise any profession or to carry on any occupation, trade, or business, which necessarily includes the right to work in a safe and secure environment free from sexual harassment. Protection against sexual harassment and the right to work with dignity are universally recognised human rights under various international conventions and instruments, including the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW), which was ratified by the Government of India on 25 June 1993.

• In furtherance of its constitutional obligations and international commitments, the Government of India enacted the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (Central Act 14 of 2013), hereinafter referred to as the ‘POSH Act 2013’, and subsequently framed the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Rules, 2013 hereinafter referred to as the ‘POSH Rules 2013’ under the said Act.

• In 2015, the University Grants Commission (UGC) under powers conferred byclause (g) of sub-section (1) of Section 26 of the University Grants Commission Act, 1956, issued the “University Grants Commission (Prevention, Prohibition and Redressal of Sexual Harassment of Women Employees and Students in Higher Educational Institutions) Regulations, 2015” hereinafter referred to as the ‘UGC Regulations 2015’. These regulations were notified via the Ministry of Human Resource Development (now Ministry of Education) on 2 May 2016, making them officially effective. They were developed in alignment with the POSH Act, 2013, and the Vishaka Guidelines, and apply specially to all Higher Educational Institutions (HEIs) in India. The UGC Regulations 2015 mandate that all recognized Higher Educational Institutions (HEIs) in India establish an Internal Complaints Committee (ICC) to address sexual harassment. These regulations are binding, require 50% women representation on the ICC, and cover employees, students, and research scholars.

• In pursuance of the adoption and implementation of UGC Regulation 2015, Aligarh Muslim University has constituted Internal Complaints Committee (ICC).

PURPOSE OF THE SOP

• The purpose of this Standard Operating Procedure is to establish a clear, lawful, and uniform process for the prevention, prohibition, and redressal of complaints of sexual harassment in the institution, in accordance with the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, the POSH Rules, 2013, and the UGC Regulations, 2015.

CONSTITUTION OF INTERNAL COMPLAINTS COMMITTEE

• The Internal Complaints Committee (ICC) is constituted in the Institution as required in accordance with Section 4 of the POSH Act, 2013, and Regulation 4 of the UGC Regulations, 2015.

• The ICC is the statutory body empowered to receive complaints and conduct inquiries into allegations of sexual harassment.

• The ICC shall be headed by a Presiding Officer who shall be a senior woman faculty member of the institution. The Presiding Officer shall conduct and supervise all proceedings of the ICC, ensuring that all complaints are handled impartially, fairly, and in accordance with the principles of natural justice.

• In addition to the Presiding Officer, the ICC shall include at least two faculty members and two non-teaching employees of the institution who are committed to the cause of women and gender equality.

• Where the complaint involves students, the ICC shall include three student representatives, as per Regulation 4 of the UGC Regulations, 2015. These students shall participate in inquiry proceedings related to student complaints and provide the perspective of the student community.

• The ICC shall include at least one external member from outside the institution. This member shall preferably be associated with a nongovernmental organization (NGO) working in the area of women’s rights or be a person with expertise in matters related to sexual harassment.

• The members of the ICC are appointed by the Head of the Institution. The term of appointment is typically three years or as determined by the institution. The ICC functions as an independent body with the authority to receive complaints, conduct inquiries, and make recommendations to the competent authority of the institution.

RECEIPT OF COMPLAINTS

• The ICC receives complaints of sexual harassment in writing in accordance with Section 9(1) of the POSH Act, 2013, Rule 6(1) of the POSH Rules, 2013, and Regulation 7 and 8 of the UGC Regulations, 2015.

• Complaints may be registered manually, by post, via email, on the SHE BOX portal, etc.

• The complaint shall ordinarily be filed within three months from the date of the incident. The ICC may extend the time limit by a further period of three months if it is satisfied that sufficient cause existed for the delay, as provided under Section 9 of the POSH Act, 2013.

• Where the complainant is unable to file the complaint, it may be filed by a legal heir, guardian, friend, or any other person as permitted by law.

PRELIMINARY SCRUTINY

• Upon receipt of the complaint, the ICC acknowledges the complaint and conducts a preliminary scrutiny to ascertain whether the complaint falls within its jurisdiction and whether it discloses a prima facie case of sexual harassment under the applicable law.

• After the complaint is received it is mandatory to take action within 7 days of receipt of the complaint.

• The Complainant is requested by the Inquiry Committee to appear before the Committee on a given date to present her case.

• A letter is sent to the respondent with the remark to provide the clarification within 10 days of the receipt of the intimation sent by the Inquiry Committee.

• After receipt of the response of the Respondent in ICC, the Respondent is requested by the Inquiry Committee to appear before the Committee on a given date to defend his case.

CONCILIATION PROCESS

• At the request of the complainant, the ICC may initiate conciliation prior to the commencement of a formal inquiry, in accordance with Section 10 of the POSH Act, 2013, and Regulation 8(7) of the UGC Regulations, 2015.

• No monetary settlement shall be made as the basis of conciliation.

• If conciliation is successful, the ICC shall record the settlement in writing and forward it to the appropriate authority for implementation. If conciliation fails or is not requested, the ICC shall proceed with a formal inquiry.

CONDUCT OF FORMAL INQUIRY

• The ICC shall conduct a formal inquiry in accordance with Section 11 of the POSH Act, 2013, Rule 7 of the POSH Rules, 2013, and Regulation 7 and 8 of the UGC Regulations, 2015.

• Both the complainant and the respondent shall be given a fair opportunity to be heard and to present evidence and witnesses.

• The inquiry shall be conducted in accordance with the principles of natural justice, as mandated under Rule 7(4) of the POSH Rules, 2013.

• The ICC shall have the powers of a civil court for summoning witnesses and requiring the production of documents, as provided under Section 11(3) of the POSH Act, 2013.

• The inquiry shall be completed within a period of 90 days.

INTERIM RELIEF

• During the pendency of the inquiry, the ICC may recommend interim reliefs in accordance with Section 12 of the POSH Act, 2013, Rule 8 of the POSH Rules, 2013, and Regulation 9 of the UGC Regulations, 2015.

• Such reliefs may include transfer of the complainant or respondent, grant of leave up to three months to the complainant, or any other measure necessary to ensure the safety and well-being of the complainant.

INQUIRY REPORT AND RECOMMENDATIONS

• Upon completion of the inquiry, the ICC shall prepare a reasoned inquiry report containing its findings and recommendations, as required under Section 13(1) of the POSH Act, 2013, and Regulation 8(3) of the UGC Regulations, 2015.

• The report shall be submitted to the competent authority within ten days, and copies shall be provided to both the complainant and the respondent.

ACTION ON THE INQUIRY REPORT

• Where the allegations are proved, the institution shall take appropriate disciplinary action in accordance with Section 13(2) and Section 13(3) of the POSH Act, 2013, Rule 9 of the POSH Rules, 2013, and Regulation 10 of the UGC Regulations, 2015.

• Such action may include warning, suspension, termination of employment, or expulsion of a student, along with payment of compensation to the aggrieved person.

• Where the allegations are not proved, the complaint shall be dismissed without prejudice.

FALSE OR MALICIOUS COMPLAINTS

• If the ICC concludes that the complaint was false or malicious, action may be taken against the complainant in accordance with Section 14 of the POSH Act, 2013, Rule 10 of the POSH Rules, 2013.

• Mere inability to substantiate a complaint shall not attract action.

CONFIDENTIALITY

• The ICC shall ensure strict confidentiality of the complaint, inquiry proceedings, identity of parties, and recommendations, in accordance with Section 16 of the POSH Act, 2013.

• Any breach of confidentiality shall invite disciplinary action under the applicable law.

RIGHT TO APPEAL

• An appeal against the findings or/recommendations of the ICC may be filed by either party before the Executive Authority of the HEI within a period of thirty days from the date of the recommendations in accordance with Regulation 8(5) of the UGC 2015.

RECORD MAINTENANCE AND REPORTING

• The ICC shall maintain proper records of complaints, inquiry proceedings, and outcomes, and shall submit annual reports as required under Rule 14 of the POSH Rules, 2013 and the relevant UGC regulations.

• All the files and reports are kept confidential in the office of the Internal Complaints Committee and the keys of almirah are in custody of the Presiding Officer, ICC. After the closure of the case the original file is confidentially submitted to the Hon. Vice Chancellor, AMU, Aligarh and a copy of the same is kept confidential in the ICC for office record.