Document: POSH Policy
Organisation: Dreams Peace Foundation
Governing Law: Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013
Effective Date: January 2024
1. Objective
Dreams Peace Foundation (DPF) is committed to providing a safe, respectful, and dignified work environment free from sexual harassment. This policy has been established in compliance with the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (the "POSH Act").
DPF will not tolerate any form of sexual harassment in the workplace and will take all necessary steps to prevent its occurrence and ensure effective redressal.
2. Scope
This policy applies to all persons associated with DPF, including:
- Full-time and part-time employees
- Interns and volunteers
- Consultants and contractors
- Visitors and third-party service providers
The policy covers the DPF workplace, any location where work-related activities are carried out, virtual workspaces, and any work-related social event or travel.
3. Definition of Sexual Harassment
In accordance with Section 2(n) of the POSH Act, sexual harassment includes any unwelcome act or behaviour (whether directly or by implication), such as:
- Unwelcome physical contact or advances
- A demand or request for sexual favours
- Making sexually coloured remarks or jokes
- Showing pornography or sexually explicit material
- Any other unwelcome physical, verbal, or non-verbal conduct of a sexual nature
Sexual harassment also includes the following circumstances if they are related to the above acts:
- Implied or explicit promise of preferential treatment in employment
- Implied or explicit threat of detrimental treatment in employment
- Implied or explicit threat about the present or future employment status
- Conduct that interferes with work or creates an intimidating, hostile, or offensive work environment
- Humiliating treatment likely to affect health or safety
4. Internal Complaints Committee (ICC)
In accordance with Section 4 of the POSH Act, DPF has constituted an Internal Complaints Committee (ICC) to receive, investigate, and redress complaints of sexual harassment. The ICC comprises:
- A Presiding Officer who shall be a woman employed at a senior level
- At least two members from among employees committed to the cause of women or who have experience in social work or legal knowledge
- One external member from an NGO or association committed to the cause of women or a person familiar with issues relating to sexual harassment
At least one-half of the total members of the ICC shall be women, as required by the POSH Act.
5. Complaint Procedure
Filing a Complaint
- A written complaint must be filed with the ICC within three (3) months of the incident, or the last incident in a series of incidents
- The ICC may extend this period by a further three months where it is satisfied that circumstances prevented the complainant from filing within the original period
- Complaints may be submitted in writing, by email, or through any other means prescribed by the ICC
- Where the aggrieved person is unable to make a written complaint due to physical incapacity, mental incapacity, or death, their legal heir or any other prescribed person may file the complaint
Inquiry Process
- The ICC shall complete its inquiry within ninety (90) days of receiving the complaint
- Both parties shall be given an equal opportunity to present their case
- The inquiry shall be conducted in a manner that ensures confidentiality
- During the pendency of the inquiry, the ICC may recommend interim measures such as transfer or leave
6. Disciplinary Action
Upon completion of the inquiry, if the complaint is substantiated, the ICC shall recommend appropriate action. Depending on the severity of the misconduct, this may include:
- Written warning or censure
- Withholding of increment or promotion
- Suspension
- Termination of employment or association
- Referral to law enforcement authorities for criminal proceedings
Where the complaint is found to be malicious or false, the ICC may recommend action against the complainant in accordance with applicable rules.
7. Confidentiality
The contents of the complaint, the identity of the complainant and the respondent, any witness statements, and the findings and recommendations of the ICC are strictly confidential. No information shall be published or communicated to the press or media.
Any person who contravenes confidentiality obligations shall be subject to disciplinary action as prescribed.
8. Protection Against Retaliation
DPF prohibits any form of retaliation against a person who, in good faith, files a complaint, assists in an investigation, or participates in ICC proceedings. Any act of retaliation shall be treated as a separate violation of this policy and will attract disciplinary action.
9. Awareness & Training
DPF shall conduct regular awareness programmes and training sessions on prevention of sexual harassment, including:
- Orientation for all new employees and volunteers
- Annual POSH awareness workshops
- Display of the policy at prominent places in the workplace
- Communication of the ICC's details to all staff
10. Review
This policy shall be reviewed annually by the Board of Directors and updated to reflect changes in applicable legislation or organisational practice.