Background

NRIBM believes in the lofty ideal of equality of all the employees, students, associates and stakeholders. This ideal imbibes the idea of gender equality and gender sensitivity.

NRIBM believes in providing the safe workplace for all its employees and a safe place to study for all students. The institute has 75% female staff members. Keeping in view the security of Women staff and students, several steps have been taken by the management.

The Supreme Court of India in its 1997 Judgment in Vishakha and other vs. State of Rajasthan has mandated that it shall be the duty of the Employer to prevent or deter the acts of sexual harassment. Moreover, it shall provide the procedures for the resolution, settlement or prosecution of acts of sexual harassment by taking all steps required, and to be proactive by developing a conducive atmosphere on the campus, where females/ males can conduct themselves safely with dignity.

Later on Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 from the date of Gazette Notification i.e., w.e.f. 23.04.2013 and same has been published in the Gazette of India, Extraordinary, Part-II, Section-1, dated the 23rd April 2013 as Act No. 14 of 2013. The Act provides for protection against sexual harassment of women at workplace and for the prevention and redressal of complaints of sexual harassment and for matters connected therewith or incidental thereto. It is highly required that women are protected against sexual harassment at all the work places, be it in public or private. This essentially will contribute to the understanding of their right to gender equality, liberty and moreover, equality in their working conditions. The sense of security at the workplace/study place will improve women’s participation in overall progress, resulting in their economic empowerment and inclusive growth as whole.

NRIBM has adopted the guidelines in Compliance with the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (“Sexual Harassment Act”) and guidelines laid down by the Supreme Court of India in its 13 August 1997 judgment on the Writ Petition (Criminal) Vishaka vs. State of Rajasthan for prevention and deterrence of sexual harassment in the workplace.

Objectives

    The objectives of this policy are:
  • To create a healthy working environment for both the genders by establishing guidelines to deter any Sexual Harassment.
  • To encourage raising of awareness about gender sensitivity and gender equality at campus.
  • To set a process of accepting grievances on sexual harassment, gender dignity, their fair investigation and appropriate action on the findings of the enquiries.

Definition

    After the Supreme Court judgment on the landmark case of Vishaka Vs. State of Rajasthan and others in 1997, sexual harassment was legally defined as an unwelcome sexual gesture or behavior whether directly or indirectly as
  • Sexually colored remarks
  • Physical contact and advances
  • Showing pornography
  • A demand or request for sexual favors
  • Any other unwelcome physical, verbal/non-verbal conduct being sexual in nature
  • Unsolicited telephone calls / e-mails with the intention of sexual harassment.

    If the following circumstances exist in relation to any behavior, that is, if any act is done under the following circumstances that would also count as sexual harassment:
  • Implied or explicit promise of preferential treatment in employment / awarding marks
  • Implied or explicit threat of detrimental treatment in employment / awarding marks
  • Implied or explicit threat about her present of future employment status
  • Interferes with work studies or creates an intimidating/hostile/offensive work/studies environment Humiliating treatment likely to affect her health and safety
  • Creating a hostile work environment

Basically it is any unwelcome words or actions of sexual nature.

The critical factor in sexual harassment is the ‘un-welcomeness’ of the behavior, thereby making the impact of such actions on the recipient more relevant for consideration rather than the intent of the perpetrator. Unwelcome sexual advances, requests for sexual favors, and other visual, verbal or physical conduct of a sexual nature constitute sexual harassment when: It is implicitly or explicitly suggested that submission to or rejection of the conduct will be a factor in academic or employment decisions or evaluations, or permission to participate in a University activity.

    Examples:
  • Denial of payment or official approval in the absence of sexual favors
  • Pornographic pictures/messages displayed on desks or sent by email
  • Remarks made about personal appearance and dress
  • Colored jokes shared in the office that make others present feel uncomfortable.

Functioning of the Committee

  • 1. The Complaint Mechanism Procedure to File/report a complaint:
  • An aggrieved woman can file a complaint within one month of the incident (or later if allowed by the committee).
  • At first instance, the committee shall recommend appropriate psychological and emotional support/assistance.
  • The complainant will have to submit a written and signed complaint addressed to the Director or any member of the Committee.
  • The identity of the aggrieved woman, respondent, witnesses as well as other details of the complaint will be kept confidential, cannot be published or disclosed to the public/.media.

  • 2. Follow up of the complaint:
  • The director will call the complainant for a personal meeting, usually within a week from the submission of the written complaint.
  • The members of the committee will discuss the complaint.
  • The committee shall look into the truth of the allegations contained in the complaint.
  • An enquiry committee will be set up.
  • A three member enquiry/fact finding committee will be set up comprising of two female members and one male member of the committee.
  • The enquiry committee shall have the power to summon witnesses and call for required information from any person of NRIBM.
  • Documents / information to be retained by the committee.
  • The enquiry has be completed within time period of 90 days.

  • 3. Submission of report:
  • The enquiry committee will submit a report and recommend the nature of action/penalties to be taken against person found guilty at the earliest by the appropriate authority.
  • As the case may be, they (Management) are mandated to take action on the report within 60 days. The Act provides the option of a settlement between the aggrieved woman and the responded through conciliation but only on the request of the woman. However, money compensation cannot be a basis for the settlement.
  • In case of malicious complaints or false evidence, the committee may take action against the woman/person. However, simply not being able to prove an allegation will not mean that it is a false/malicious complaint.

Internal Complaints Committee is as under:

Sr. No. Name Position
1 Dr. Hitesh Ruparel Director
2 Dr. Kavita Kshatriya Professor
3 Dr. Sneha Shukla Associate Professor
4 Ms. Neha Mehta Computer Operator

NRIBM shall keep the complaints, investigative records and results of the case confidential.

Guidelines: It is expected that every employee and student will uphold the dignity of co- workers, business partners, vendors, candidates etc. and not indulge in any act that can be construed as an act of sexual harassment.

Every employee and student is expected to report within a period of two days any act of sexual harassment that he/she is aware of irrespective of the level of the employee involved.

Complainant is expected to make a complaint in reasonable time without a wide lapse from the date of the occurrence of the incident/s for facilitating quick action and for assisting better enquiry.

All available material and relevant details concerning the incident(s) should accompany the complaint.

If the complainant feels that he/she cannot disclose his/her identity for any particular reason, the complainant can inform any of the members of the Committee. In such cases the concerned staff shall ensure that the identity of the complainant is kept confidential.

Preventive steps:

NRIBM should take appropriate steps to prevent sexual harassment. Without prejudice to the generality of this obligation, this cell should take the following steps:

  • Express prohibition of sexual harassment as defined above should be notified, published and circulated in appropriate ways.
  • The rules/regulations relating to conduct and discipline should include rules/regulations prohibiting sexual harassment.
  • Appropriate work conditions should be provided in respect of work, leisure, health and hygiene to further ensure that there is no hostile environment towards women at NRIBM.

Students' Activities:

N. R. Institute of Business Management (NRMBA & NRPGDM) and GLS Institute of Computer Technology (GLSICT-MBA) had organized a workshop on Legal Literacy and Women’s Fitness under the Women Development Cell on 16th February, 2015.

Session 1: Legal Literacy Workshop

The first session of the workshop was on legal literacy which was conducted by the Ahmedabad Policy Suraksha Setu with the support of Life Skill Foundation in order to celebrate the month of Maliha Jagruti. The workshop was conducted by Mr. John Daniel and Mr. Urvish. They talked about the self-defence techniques for women and the laws protecting women against the sexual harassment at work place and domestic violence. They also talked about various initiatives taken by Ahmedabad Police for the safety and security of women.

Session 2: Women’s Fitness

The second session of the workshop was on women’s fitness which was conducted by Reebok Certified Fitness Trainer & the Founder of Stay Wow, Ms. Sapna Vyas Patel. She spoke on side effects of Junk food and benefits of exercise and proper nutrition.

Both the sessions raised the alarming issues for the students. Students got various insights on legal protection and fitness benefits.

Last year, WDC organized workshop on teaching basic self-defense techniques on 22 nd Feb 2017. Workshop was conducted by Mr. Jitendra Jaiswal and Mr. Pankaj Rajput from Wushu Kungfu Fedration of India conducted workshop for female faculty staff and student. Invited team taught participants basic self-defense techniques. The session was followed by collage making competition. In this competition, the students were given various topics on women upliftment. The students participated with great zeal & enthusiasm.