Sexual Harrasment Committee (VISHAKHA)

Rules, Regulations, and Grievance Redressal Mechanism of Committee
Definition:
Sexual harassment in this context, (as delivered by the Supreme Court Judgment under section 2 (n) of Act 2013), includes any unwelcome sexually determined behavior,  whether directly or by implication and includes physical contact and advances, a demand or  request for sexual favors, sexually colored remarks, showing pornography and other unwelcome physical, verbal or nonverbal conduct of a sexual nature. It shall include, but will not be confined to the following: 
a. When unwelcome sexual advances, requests for sexual favors, and verbal or physical conduct of a sexual nature, explicitly or implicitly, are made a term of condition of instruction, employment, participation, or evaluation of a person’s engagement in any academic or campus activity. 
b. When unwelcome sexual advances and verbal, non-verbal, or physical conduct such as loaded comments, slander, remarks or jokes, letters, phone calls or e-mail, gestures, showing of pornography, lurid stares, physical contact or molestation, stalking, sounds or display of a derogatory nature have the purpose or effect of interfering with an individual’s performance or of creating an intimidating, hostile or offensive campus environment. 
Mechanism:
(a) Any person aggrieved by any contravention of this code, a complaint before the Grievance Committee at the earliest, from the occurrence of the alleged contravention.
(b) i) Complaint should be in writing and shall contain all the material and relevant detail and the complaint shall be addressed to the chairperson of the Committee.
ii) Under these circumstances upon receipt of any such complaint the chairperson of the committee shall retain original complaint with herself and send gist of the complaint containing all material and relevant details other than the name of the complainant and other details which might disclose the identity of the complainant to the person concerned against whom the complaint made.
(c) The Committee upon receipt of any such complaint, shall make every endeavor to cause an enquiry to be made discreetly.
(d) Where the Grievance Committee is satisfied that the complaint  is justified-
i) In the case of the person complained against is a member of the body of management, the Grievance Committee shall report the matter to that body of Management of which he is a member.
ii) In the case of the person complained against, happens to be a an employee of the university/college, it shall report the matter to the Vice-Chancellor/Principal who shall institute disciplinary action under the relevant service rules and
iii) In case of the person complained against happens to be a student, it shall submit the report to the Head of the institution recommending the penalty to be imposed.
     Provided that in case of failing under clause the Head of Institution may, independent of the disciplinary action instituted, direct that the person complained against is relieved of his duties in whole or in part and assign him with such other duties as may the Head of the institution deem fit.
(e) The Head of the Institution, upon receipt of a Report from the Grievance Committee in respect of contravention by a person, shall after giving an opportunity of being heard to the person complained against, shall submit the case with his/her recommendation to the management  for confirmation and imposition of the penalty recommended by the Grievance Committee.
(f) The Management upon receipt of the case from the Head of the Institution may confirm with or without modification the penalty recommended.

Penalty to be imposed under this code:
Warning in writing
Transfer to other Section/Department
Increment/Promotion to be Stopped/withheld
Demote the person depending on the nature and gravity of Sexual harassment
Suspension for a specified period
Expulsion or rustication from the College/University for a specified period
Lodging a complaint with policy for any act amounting to an offence under the law