Policy on Prevention of Sexual Harassment (POSH)

The purpose of this policy is to protect all individuals from sexual harassment at the workplace and provide a redressal mechanism for complaints of sexual harassment and related matters.

Our organisation’s Prevention of Sexual Harassment Policy extends to all sites and branches operating in India and applies to all individuals including employees, workers, consultants, trainees (probationary, permanent or contractual), customers, clients, suppliers and anyone with a business relationship with Karma Foundation. It covers all sexes/genders (male, female and transgender) and interactions arising as a result of employment whether the incident occurred during or beyond office hours.

POSH Act: The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013.

Organization: Karma Foundation.

Aggrieved: Any person mentioned in II (2) who is subjected to sexual harassment at workplace.

Complainant: A person who files a complaint of sexual harassment suffered or caused to them or any other person with the permission of the complainant or their legal heir.

Respondent: The person against whom the complaint is made.

Employer: The person(s) responsible for the management, supervision and control of the workplace and discharging contractual obligations with respect to their employees.

Workplace: Includes office premises, client and supplier locations, conferences, seminars, training and meetings, transportation provided by the employer, communication mediums provided by the employer (email, chat, phone), office-sponsored events and office-provided accommodation. Remote workspaces are included. Social events not organised by the organisation are excluded unless the incident affects the organisation’s reputation, creates a hostile environment, or adversely affects employment duties.

Sexual harassment: Any unsolicited and unwelcome (direct or implied) physical, verbal or non-verbal act of sexual nature including but not limited to derogatory comments on appearance, repeated unwanted advances, discussing private life, sharing offensive images, unwelcome physical contact, stalking, spreading sexual rumours, physical obstruction, offensive staring, offensive gestures, quid pro quo, threats, creating hostile environment or humiliating treatment likely to affect the health, safety, dignity or physical integrity of the person concerned.

This organisation has formulated an Internal Committee (IC) in writing to stay compliant with the POSH Act. The IC will receive and redress complaints of sexual harassment.

• Presiding Officer: a woman employed at senior level.
• Two internal members who are employees.
• An external member from an NGO/Association preferably committed to the cause of women or with social work/legal experience.

At least 50% of the members of the IC will be women. A quorum of minimum three members will be present for proceedings. IC members will be replaced every three years. Composition and role are explained in Annexure I.

We are using the elearnposh platform to receive complaints. Complaints should be filed within three months from the date of the incident (or within three months from last incident in a series). The IC may extend timelines in appropriate cases. Anonymous complaints are not accepted. Where complaints cannot be made in writing, the Presiding Officer or an IC member will assist the aggrieved person to put the complaint in writing.

If the aggrieved is unable to file due to physical incapacity, complaints can be filed by a friend, relative, co-worker, officer of NCW/State Women Commissions or any person who has knowledge of the incident with the aggrieved’s written consent. If unable due to mental incapacity, complaint can be filed by a friend/relative, special educator, qualified psychiatrist/psychologist, guardian or authority under whose care the aggrieved is receiving treatment. If the aggrieved is dead, complaint may be filed by any person who has knowledge of the incident with written consent of the legal heir.

Upon receipt, the IC will forward a copy of the complaint to the respondent within seven days. The respondent must file a reply within ten working days including names and contact details of witnesses and documents to be relied upon.

At the request of the aggrieved, the IC may attempt conciliation within 30 days. Proceedings will be recorded in writing. Monetary settlement will not be a term of conciliation. A copy of settlement (if any) will be provided to the employer, complainant and respondent. If settlement is arrived at, no further inquiry will be conducted by the IC.

If conciliation fails or is not pursued, the IC will conduct an inquiry. Parties may present witnesses and evidence (originals for documents, digital evidence submitted in tamper-evident manner). IC members with perceived conflicts must recuse themselves; the Presiding Officer will decide on any conflict and structure the panel accordingly. IC will observe natural justice, allow cross-examination, and complete inquiry within three months from receipt of the complaint.

All findings will be shared with both parties before finalising the inquiry report. The IC will submit the inquiry report and recommendations to the employer within ten days of completion; a copy will also be shared with the parties. The employer will implement recommendations within 60 days. The IC will support complainant if they choose to file a police complaint before, during or after the inquiry.

During pendency of inquiry, the IC may recommend interim relief such as preventing respondent from assessing complainant's performance, permitting paid leave to complainant (up to three months, in addition to other leave), transferring the complainant/respondent to a different location, or other appropriate reliefs.

If allegations are not proven, the complaint will be treated as unsubstantiated and no action will be taken against the respondent on that basis alone.

If allegations are proven, IC may recommend actions including suspension, termination, written warning, withholding promotion/increments, apology by respondent, censure, counselling or any other action IC deems fit.

If complaint is found malicious or evidence is forged/misleading, IC may recommend action against the person who made false allegations. Mere inability to substantiate a complaint need not attract action against the complainant.

The organisation prohibits retaliation or discrimination against complainants or witnesses. If IC notices retaliation, it will recommend strict action. Individuals experiencing retaliation should report it to the IC.

IC will maintain a confidential register for complaints. Information will be shared only on a need-to-know basis. The organisation will strive to maintain confidentiality regarding aggrieved, respondent and witnesses. Breach of confidentiality will attract action as per POSH Act.

Any person aggrieved with the findings or non-implementation of IC recommendations may prefer an appeal to the Court or Tribunal in accordance with the POSH Act.

All employees must ensure conduct aligns with this policy and read the policy. For queries, employees should seek clarification from any IC member.

This policy is governed by The Sexual Harassment of Women At Workplace (Prevention, Prohibition And Redressal) Act, 2013. Relevant references: POSH Act.