Objective:
The objective of the cell is to maintain congenial working environment for Transgender and females employees and students of CCET in accordance with the guideline provided by the Supreme Court of India.
- The cell will deal with the cases/complaints of sexual harassment and any other type of harassment of transgender students, the female students, teaching and non-teaching women staff of the college.
- The cell shall process all the individual complaints and take suitable action thereon in the manner and mode as per the college norms.
- All the member of the call is female.
- If possible one member of the cell is with a legal background.
- The cell may form/ review the guidelines / policy for redressed of the grievances as required from time to time, which may be it accordance with those issued by Supreme Court & Government Agencies.
To Work without Harassment is your Fundamental Right.
On 13th August 1997, the Supreme Court of India held that sexual harassment of women is violation of the fundamentals rights of women to work in a safe environment. The Supreme Court guidelines define sexual harassment to include:
- Physical contact and advances.
- Demand or request for sexual favors
- Sexually coloured remarks.
- Display of pornography
- Any other unwelcome physical, verbal or non-verbal conduct of a sexual nature.
Often such behavior goes unpunished mostly because of hesitation on the part of women to report such behavior out of shame or fear or both. It is important for women to protest against any behavior that they feel is unwanted and unacceptable. The Women’s Cell of CCET Bhilai has been set up with the aim of providing women a platform to complain about any unwelcome.
If you are being harassed, this is what you can do:
- Don’t feel a sense of shame. Tell the harasser very clearly that you find his behavior offensive.
- Don’t ignore the harassment in the hope that it will stop on its own. Come forward and complain.
- Talk to someone you trust about the harassment. It will not only give you strength but also help others in similar situation to come forward and complain.
- If the complainant feels that she cannot disclose her identity for any reason, the complainant shall address the complaint to the EVC/Director and handover the same in person or in a sealed cover.
- The EVC/Director shall retain the original complaint with hem/her and send to the Women Cell for further enquiry.
- Keep a record of all incidents of sexual harassment in a notebook. If you feel the need to register a formal complain later, this record will be helpful.
- It shall be the duty of the Women Cell before whom an oral complaint is made under this Act to produce the said complaint in writing and ready out the complaint to the complainant in the language requested by the complainant and obtain the signature of the complainant.
Confidentiality of Complaints:
It shall be the duty of all the persons and authority designated under this Act to ensure that all complaints lodge under this chapter shall be strictly confidential. The name of the aggrieved Person/ Women shall not be referred to in any records of proceeding, or any orders or judgment given under this Act. The name of neither the aggrieved person/women nor her identity shall be revealed by the press/ media or any other persons whilst reporting any proceedings, case, order or Judgment under this Act.
What action can be taken against the offender?
After it has been proven that the offender has indulged in sexual harassment in the work place , an appropriate punitive action would be taken against him irrespective of his status in the institute (staff, faculty, students) , Where such conduct amount to be specified offence under the Indian Penal Code or under any other law, a complaint will be made to the authority and appropriate / action in accordance with the law can be taken.
The Transgender persons (Protection of Rights) Act 2019
The Transgender persons Act has been brought into effect by the Indian Government on January 10, 2020.
Educational institute should adapt policies and administrative regulation that prohibit harassment and gender non conforming students, address, appropriate accommodation, establish consequences for those who harass or discriminate against students and set a ton that allow students to feel safe to report harassment.
Offences and penalties (Transgender) – Whoever
- Compels or entices a transgender person to indulge in the act of forced or bonded labour other than any compulsory service for public purposes imposed by Government;
- denies a transgender person the right of passage to a public place or obstructs such person from using or having access to a public place to which other members have access to or a right to use;
- Forces or causes a transgender person to leave household, village or other place of residence;
And
- harms or injures or endangers the life, safety, health or well being, whether mental or
Physical, of a transgender person or tends to do acts including causing physical abuse, sexual abuse, verbal and emotional abuse and economic abuse, shall be punishable with imprisonment for a term which shall not be less than six months but which may extend to two years and with fine.
The role of the Women’s Cell:
- To ensure that appropriate action is taken against the offender.
- To provide information regarding counseling & support services on our campus.
- To ensure that lectures of eminent personalities from NGOs, Civil Authority, Academicians and Expert working in the area are arranged from time to time.
- To ensure that victims and witness are not victimized or discriminated because of their complaints.
- To take proactive measures toward sensitization of the CCET, Bhilai community on gender issue so the CCET, Bhilai is an excellent work place for all.
- To ensure that students, faculty and students, faculty and staff are provided with current and comprehensive materials on sexual harassment and assault.
How this cell Functions?
Procedure to file /report a complaint:
- The complaint will have to be submitted in writing and signed by the complainant and addressed to the coordinator of the cell.
- The counselor will call the complainant for a personal meeting, usually within a week for the submission of the written complaint.
- The member of the cell will discuss the complaint. If the case falls outside the purview of the cell, the complainant will be informed about the same by the appropriate authority.
- If the case comes under the purview of the cell, an enquiry committee will be set up. Both the complainant and the alleged harasser will be interviewed, as will any individual who may be able to provide information. All information will be kept in Confidence. The committee will submit a report and recommend the nature of action to be taken at the earliest by the appropriate authority.
Sexual Harassment Policy Statement:
- CCET Bhilai is committed to provide an environment free from sexual harassment.
- We believe that you should be afforded the opportunity to work in an environment free of sexual harassment. Sexual harassment is a form of misconduct that undermines the employment relation. No employee, either male or female, should be subjected verbally or physically to unsolicited and unwelcome sexual overtures or conduct. Sexual harassment refers to behavior that is not welcome. That is personally offensive, and that debilitates morale and therefore, interferes with work effectives.. Behavior that amounts to sexual harassment any result in disciplinary action, up to and including dismissal.
- No employee or any person who is a part of the management or ownership, a supervisor or a co-employee of the CCET shall, sexual harass an female employee, where she is employed; where the harassment occurs in/at the workplace, or at a place where the said persons have gone in connection with the work to the workplace , or at any place whatsoever Sexual Harassment will amount to misconduct in employment and the staff service rules/ regulations governing employment shall govern such misconduct, in addition to the provision of this Act.
- Any and all complaints or allegations of sexual harassment will be investigated promptly. Appropriate, corrective action will be implemented based upon the results of the investigation in the event harassment in is found to have taken place.
- In response to the Supreme Court Guidelines in Visakha Judgment has developed policy and procedures designed to prevent sexual harassment and to deal with any complaints which may arise.
- Whereas Sexual Harassment infringes the fundamental rights of a women to gender equality under Article 14 of the Constitution of India and her rights to life and live with dignity under Article 21 of the constitution which includes a right to a safe environment free from sexual harassment.
- And whereas the rights to protection from sexual harassment and the rights to work with dignity are recognized as universal human right by international conventions and instruments such as Convention on the Elimination of all forms of Discrimination against Women (CEDAW) , which has been ratified by the Government of India.
Confidentiality of Complaints
It shall be the duty of all the persons and authority designated under this Act to ensure that all complaints lodge under this chapter shall be strictly confidential. The name of the aggrieved Person/ Women shall not be referred to in any records of proceeding, or any orders or judgment given under this Act. The name of neither the aggrieved person/women nor her identity shall be revealed by the press/ media or any other persons whilst reporting any proceedings, case, order or Judgment under this Act.
What action can be taken against the offender?
After it has been proven that the offender has indulged in sexual harassment in the work place , an appropriate punitive action would be taken against him irrespective of his status in the institute (staff, faculty, student/s. Where such conduct amounts to specified offence under the Indian Penal Code or under any other law, a complaint will be made to the authority and appropriate / action in accordance with the law can be taken.