POSH Policy

Policy for Prevention of Sexual Harassment of Women at Workplace (POSH) of IDTR Jamshedpur.

1. POSH - An Introduction

Sexual harassment of women at workplace is considered as violation of women’s right to equality, life and liberty. The IDTR POSH committee ensures that there is no insecure and hostile environment which discourages women’s participation in organization, thereby adversely affecting their social and economic empowerment and the goal of inclusive growth.


2. IDTR POSH Committee

As per the provisions of the Sexual Harassment of Women at Work Place (Prevention, Prohibition and Redressal) Act, 2013 (POSH Act), the Internal Complaints Committee (ICC) termed as POSH Committee is re-constituted as mentioned below:-

Mrs. Priyanka (Engineer Training)Chairperson/Presiding Officer
Dr. Ram Babu Verma (Sr. Engineer Training)Member
Mrs. Bahamani Tudu (Mastercraftsman)Member
Mr. Chhavi Kumar (Technician Gr. II & In-charge Hostel)Member
Dr. B. K. Sudha (Social activist, Brahmakumaris)Member from NGO

3. Objectives of IDTR POSH Committee

  • To ensure that all the provisions in the Sexual Harassment of Women at Work Place (Prevention, Prohibition and Redressal) Act, 2013 (POSH Act) legislation are adhered to in order to protect women employees and students from any act of sexual harassment at workplace.
  • To comply with the directives of Hon’ble Supreme Court of India requiring all Employers to develop and implement a policy for prevention of sexual harassment in the organization.
  • To ensure all workplaces at Indo Danish Tool Room Jamshedpur are mandated by law to provide a safe and secure working environment free from sexual harassment for all women working or visiting at any workplace in IDTR Jamshedpur.
  • To evolve a permanent mechanism for the prevention and redressal of sexual harassment cases and other acts of gender based violence in the organization.
  • To follow and lay down guidelines for redressal of complaints related to sexual harassment of women in the organization.
  • To create awareness about gender equality in view to POSH Act.

4. Functions of IDTR POSH Committee

The committee is empowered to look into the matters of sexual harassment which includes the following functions:

  • Any women employee or student with a complaint may approach to the committee and file a written complaint in person or via email through complaint format within three months from the incidence date.
  • The cases will be attended promptly by POSH Committee on receipt of written complaint.
  • The POSH Committee will review all cases and act as per rules.
  • The POSH Committee will prepare and maintain record of all the complaints, statements of witnesses and action taken.

5. Helpline

The helpline numbers (8252913880 & 8210205206) related to POSH are also displayed at the prominent places in the organization so that required person can be contacted immediately in case of any act constituting an offence under the POSH Act, 2013.


6. Mechanism for lodging complaint

The POSH Committee has formulated the following mechanism for lodging the complaint as per the guidelines of the Act:

  • An aggrieved person is required to submit a written complaint to the POSH Committee within three months from the date of the incident.
  • It is also provided that where such a complaint cannot be made in writing, the Chairperson or any member of the committee shall render all reasonable assistance to the aggrieved person for making the complaint in writing on complaint format or can email the duly filled in complaint format to the email address: reach@idtr.gov.in
  • The complaint form is provided below. It can be downloaded / printed, filled up and duly submitted to the IDTR POSH Committee.

7. Mechanism for redressal of complaint

  • The POSH Committee will receive a complaint of sexual harassment from an aggrieved person in the provided complaint format.
  • The POSH Committee will conduct a preliminary inquiry to determine whether the complaint falls within the scope of the POSH policy.
  • The POSH Committee will investigate the cases and act upon the cases which have been forwarded along with the necessary documents/proof, if any.
  • The POSH Committee will ensure that the grievance has been properly addressed to and redressed in the stipulated time limit.
  • The POSH Committee will prepare a detail report with findings and make recommendations for action to the Employer covering following points:

    7.1 Finding
    Based on the above, the POSH Committee must arrive at a finding of whether the complaint is upheld, not upheld or inconclusive.
    Provided, where both the parties are employees or any other persons in the IDTR Jamshedpur, before finalizing the findings, the POSH Committee will share its finding with both the parties and provide them an opportunity to make representation against it before the Committee, if desires.


    7.2 Recommendations
    Based on its findings, the POSH Committee shall then make appropriate recommendations which may include:

    1. Where the POSH Committee is unable to uphold the complaint, it shall recommend no action.
    2. Where the POSH Committee upholds the complaint, it may recommend such action as stated within the relevant Policy or Service Rules, which may include a warning to terminate.
    3. The POSH Committee may also recommend financial damages of the complainant, while deciding the amount they shall take into consideration:
      • Mental trauma, pain, suffering and emotional distress caused;
      • Medical expenses incurred;
      • Loss of career opportunity;
      • Income and financial status of the respondent.
      If the amount is not paid it can be recovered from salary/wages/security deposit/fine.
    4. The POSH Committee can also give additional recommendations to address the underlying factors contributing to sexual harassment at the workplace.

    7.3 Writing the Report
    The POSH Committee will prepare a final report that contains the following elements:

    • A description of the different aspects of the complaint;
    • A description of the process followed;
    • A description of the background information and documents that support or refute each aspect of the complaint;
    • An analysis of the information obtained;
    • Findings as stated above;
    • Recommendations.
    Note:

    An inquiry must be completed within 90 days and a final report submitted to the Employer within ten days thereafter. Such report will also be made available to the concerned parties. The Employer is obliged to act on the recommendations within 60 days. Any person not satisfied with the findings or recommendations of the POSH Committee or non-implementation of the recommendations, may appeal in an appropriate court or tribunal, as prescribed under the Service Rules.

    Given that most workplaces today are gender unequal and male-dominated, it is important that complaints by women be treated fairly and not dismissed. The mere inability to substantiate a complaint or provide adequate proof will not attract legal action against the complainant. However, making a false or malicious complaint or producing a forged or misleading document is an offence.


    7.4 Timelines as per the POSH Act

    Submission of ComplaintWithin 3 months of the last incident
    Notice to the RespondentWithin 7 days of receiving copy of the complaint
    Completion of InquiryWithin 90 days
    Submission of Report by POSH Committee to the Employer.Within 10 days of completion of the inquiry
    Implementation of RecommendationsWithin 60 days
    AppealWithin 90 days of the recommendations

    7.5 Confidentiality
    The Act prohibits the publication or making known the contents of a complaint and the inquiry proceedings. Any breach of confidentiality will result in specific consequences.

    The Act prohibits the disclosure of:

    • Contents of the complaint;
    • Identity and address of complainant, respondent and witnesses;
    • Information pertaining to conciliatory/inquiry proceedings or recommendations of the POSH Committee;
    • Action taken by the Employer.

    Accountability: Any person entrusted with the duty to handle or deal with the complaint, inquiry or any recommendations or action taken under the provisions of this Act.

    Consequences: As per the Service Rules or Rs. 5000/- (five thousand) to be collected by the Employer.

    Exception: Dissemination of information regarding the justice secured without disclosure of name, address, identity and particulars of complainant or witnesses.

    This POSH policy of Indo Danish Tool Room Jamshedpur completes the details of the POSH Committee process in addressing formal complaints. It serves as a guideline to action in providing appropriate redress. The manner in which a complaint is addressed will make all the difference to the equal rights of working women as well as the kind of workplace culture being promoted.


    7.6 IDTR POSH Policy to be read along with POSH Act, 2013

    The provisions of POSH as contained in the Handbook on Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (https://www.highereduhry.ac.in/ActsRules/HandbookOnSHWW.pdf) shall be applicable mutatis mutandis, wherever not explicitly mentioned in this Indo Danish Tool Room Jamshedpur POSH Policy Document & as such shall be construed to form part of the IDTR POSH Policy.


    7.7 Applicability

    The IDTR POSH Policy shall be applicable to all persons at Jamshedpur Main Center, all Extension Centers & other Centers of IDTR Jamshedpur.

    Issued with the approval of Competent Authority.