DESCRIPTION: A GUIDE FOR UNIVERSITY STUDENTS IN INDIA TO FILE A COMPLAINT AGAINST SEXUAL HARASSMENT

Step 1: Identifying Sexual Harassment

The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 requires organisations, including universities, to draft and implement a policy against gendered harassment and discrimination. Per the Act, sexual harassment is a criminal offence. Sexual harassment includes any one or more of the following unwelcome action or behaviour:

• Physical contact and advances; or
• A demand or request for sexual favours; or
• Making sexually coloured remarks; or
• Showing pornography; or
• Any other unwelcome physical, verbal, or non-verbal conduct of a sexual nature.

The above definition applies equally to people of all genders and includes harassment by a member of one gender to another member of the same gender.

The following behaviours, among other circumstances, if they occur or are present in relation to or connected with any act or behaviour of sexual harassment, may also amount to sexual harassment:

• Implied or explicit promise of preferential treatment in employment or education; or
• Implied or explicit threat of detrimental treatment in employment or pursuit of education; or
• Implied or explicit threat about present or future employment status or pursuit of education; or
• Interference with academics or work or creating an intimidating or offensive or hostile work environment or educational activity; or
• Humiliating treatment likely to affect health or safety.

Sexual harassment further includes:

• Making unwelcome sexual advances, or requesting sexual favours, or verbal or physical conduct of a sexual nature explicitly or implicitly made as a term or condition for instruction, employment, participation, or evaluation of a person’s engagement in any activity related to your university.
• Unwelcome sexual advances or verbal, or non-verbal or physical conduct such as loaded comments, remarks, jokes, letters, phone calls, or e-mails, gestures, showing of pornography, lurid stares, physical contact or molestation, stalking, and sounds or display of a derogatory nature which have the purpose or effect of interfering with an individual’s performance or of creating an intimidating, hostile or offensive educational or work environment.
• Committing any form of sexual assault by a person using the body or any part of it or any object as an extension of the body in relation to another person without the person’s consent or against the person’s will.
• Outing a person in online or offline spaces and/or causing verbal or non-verbal or physical harm to a person because of their sexual orientation or gender identity.
• Coercion: Coercion is verbal and/or physical conduct, including intimidation and explicit or implied threats of physical, emotional, or other harm, that would reasonably place an individual in fear of immediate or future harm and that is used to compel someone to engage in sexual conduct against their will.
• Intimidation: Intimidation is any threat of violence or other threatening behaviour directed toward another person or group that reasonably leads the target(s) to fear for their physical well-being or to engage in sexual conduct for self-protection. A person’s size alone does not constitute intimidation; however, a person can use their size or physical power in a manner that constitutes intimidation (for example, by blocking access to an exit).

Step 2: Filing a Case with the Internal Complaints Committee (ICC)

Each university is mandated to set-up an internal complaints committee, with discretionary powers, to address complaints of harassment. It is within the scope of the ICC to issue warnings, recommend counselling, assign community service, suspend or expel an individual, seek monetary compensation and take action against fraudulent complaints. The action will be based on the nature of the sexual harassment, abuse of power and impact on the victim.

Complainant may file a case via email to their university’s ICC or through a written complaint. The complaint must include:

• Incident(s) Details
• Name(s) of Accused
• Name(s) of Witness(es), if any
• Incident(s) Date(s), if you can recollect
• Other Relevant Information, if any

The Process Timeline for Filing a Case:

• After filing a case, the committee forwards the verbatim complaint to the respondent within 7 days.
• The respondent is given 10 days to respond to the complaint.
• Inquiry is conducted, for upto 3 months. This includes testimonies, witnesses, and provision of additional information.
• The Committee releases its report within 10 days after inquiry. The verdict is sent to both the complainant and respondent, and the Vice Chancellor.
• Both parties have the option up till 1 month to appeal the verdict, which is then considered by the Vice Chancellor.

Frequently Asked Questions

1. How long after an incident can I file a case?

A case must be filed within 3 months from the date of the last incident.

If the complainant can’t file a complaint within 3 months, the committee may extend the time limit upto another 3 months. Reasons for the same will have to be mentioned.

2. Can the committee help me in getting relaxations or transfers for my classes if the accused is a student?

The complainant can seek relaxation of attendance due to emotional/mental stress or request to be transferred in this situation. The committee may also provide for the transfer of the offender to another class. These decisions are made on a case-by-case basis.

3. Can the ICC help me if I want to file a formal complaint with the police?

Yes, one of the ICC’s responsibilities is to provide assistance if an employee or a student chooses to file a complaint with the police.

4. Substances were involved during the incident, will I be penalised?

No. The Committee will not take punitive action basis of substance abuse. Committees against sexual harassment and against disciplinary infractions are independent bodies, which don’t share information with each other or any other body on campus.

In fact, please mention any substances involved during the incident; consent obtained under influence is not considered valid.

5. Can I withdraw my complaint during proceedings?

We recommend you take a considered decision to go through the entire process when you submit a complaint.

Withdrawing is allowed, but usually only when there is some mediation between complainant and respondent.

6. What if I want to file a complaint post 6 months from the last incident?

ICC cannot take up cases which date beyond six months, therefore normal proceedings can’t be carried out.

Such cases are usually considered on a case-by-case basis, and the committee may bring the complaint to the notice of the administration for appropriate action.

7. Can someone file a complaint on my behalf, without my consent?

A complaint can ONLY be filed on behalf of a person if they’re unable to do so due to mental and/or physical incapacity.

If the complainant does not actively consent to filing, it will not be taken forward by the ICC.