Prevention of Sexual Harassment (POSH) Policy
1 Introduction
1.1 Policy Statement
Earthtree Enviro Pvt. Ltd. is committed to an inclusive and respectful workplace that upholds the principles of equal opportunity. Our primary objective is to establish a safe and conducive work environment (both in our Corporate Office and offsite locations) that allows employees to perform their duties without fear of prejudice, gender bias, discrimination or sexual harassment. We operate a zero-tolerance policy for any form of sexual harassment, treating all incidents seriously and promptly investigating all allegations. Any individual found to have engaged in sexual harassment may face disciplinary action, up to and including dismissal from employment.
In line with this commitment, we have formulated this Policy to prevent sexual harassment in the workplace, encompassing its prohibition and the procedures for redressal should such incidents occur. We assure all employees that any complaints of sexual harassment will be treated seriously, respectfully, and confidentially. No one will face victimization for raising such concerns.
Our employees are expected to adhere to the highest standards of ethical conduct in all workplace interactions and dealings with business stakeholders. This entails:
- Treating each other with dignity and respect.
- Adhering to the letter and spirit of the law.
Refraining from engaging in any unwelcome behaviour with sexual connotations. 4. Avoiding the creation of a hostile atmosphere at the workplace through sexual harassment. 5. Reporting instances of sexual harassment experienced or witnessed to the appropriate authorities and following the company’s complaint handling procedure.
2 Scope
2.1 Applicability
This policy applies to all employees, partners, contractors, visitors, and guests associated with Earthtree Enviro Pvt. Ltd., including those working in offices, plantations, and nurseries, in accordance with the Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act, 2013.
This policy acknowledges and aligns with the constitutional definition of the Right to Life as enshrined in the Constitution of India. The Right to Life, as interpreted in this context, encompasses the entitlement to a life with dignity and the fundamental right to engage in any occupation, trade, or profession. This right is contingent upon the existence of a “safe” working environment where employees not only feel secure but also genuinely believe that their dignity is upheld.
Furthermore, this policy is fully cognizant of the most recent legislation enacted by the Government of India, specifically “The Sexual Harassment at Workplace (Prevention, Prohibition, and Redressal) Act 2013,” along with its rules notification published on December 9th, 2013. This Act is designed to offer protection against sexual harassment of women in the workplace, addressing the prevention and redressal of complaints related to sexual harassment, and encompassing matters connected or incidental to this objective.
3 Definition of Sexual Harassment
3.1 Definition
Sexual harassment refers to unwelcome behaviours of a sexual nature that cause an individual to feel offended, humiliated, and/or intimidated. It is any unwelcome conduct of a sexual nature, including but not limited to unwanted sexual advances, requests for sexual favours, and other verbal or physical conduct of a sexual nature that interferes with an individual’s work performance or creates an intimidating, hostile, or offensive working environment, as defined by the Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act, 2013.
Instances of sexual harassment may involve one or more incidents, and the actions constituting harassment can manifest in physical, verbal, and non-verbal forms. Examples of conduct or behaviour that constitute sexual harassment include, but are not limited to:
Physical conduct:
⇒ Unwanted physical contact such as patting, pinching, stroking, kissing, hugging, fondling, or inappropriate touching.
⇒ Physical violence, including sexual assault.
⇒ The use of job-related threats or rewards to solicit sexual favours.
Verbal conduct:
⇒ Comments on a worker’s appearance, age, private life, etc.
⇒ Sexual comments, stories, and jokes.
⇒ Sexual advances.
⇒ Repeated and unwanted social invitations for dates or physical intimacy.
⇒ Insults based on the sex of the worker.
⇒ Condescending or paternalistic remarks.
⇒ Sending sexually explicit messages (via phone or email).
Non-verbal conduct:
⇒ Display of sexually explicit or suggestive material.
⇒ Sexually suggestive gestures.
⇒ Whistling.
⇒ Leering.
Anyone can be a victim of sexual harassment, regardless of their sex and of the sex of the harasser. We recognise that sexual harassment may also occur between people of the same sex. What matters is that the sexual conduct is unwanted and unwelcome by the person against whom the conduct is directed.
4 Prevention
4.1 Awareness and Training
⇒ Conduct regular training sessions to educate all staff, including management, about what constitutes sexual harassment and the consequences of engaging in such behaviour.
⇒ Ensure that all employees are aware of their rights and responsibilities under the Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act, 2013.
4.2 Internal Committee (IC)
⇒ Establish an Internal Committee (IC) – also known as the POSH Committee in accordance with the requirements of the Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act, 2013.
⇒ Communicate the composition and contact details of the ICC to all employees.
4.3 Central Committee (CC)
⇒ Constitute a Central Committee for Governance and Review of POSH– also known as the Central POSH Committee (CPoC).
5 Complaints and Investigation
5.1 Complaints
⇒ Anyone who is subject to sexual harassment should, if possible, inform the alleged harasser that the conduct is unwanted and unwelcome. Our company recognises that sexual harassment may occur in unequal relationships (i.e. between a supervisor and his/her employee) and that it may not be possible for the victim to inform the alleged harasser. If a victim cannot directly approach an alleged harasser, he/she can approach one of the IC of sexual harassment.
5.2 Procedure
- Clearly outline the procedure for reporting sexual harassment complaints, including the steps involved in lodging a complaint, investigation, and resolution, as per the Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act, 2013.
- Ensure that complaints are handled promptly, impartially, and with utmost confidentiality. The contents of the report of IC shall be kept confidential by IC and the Company.
- Any refusal by any Employee of the Company to attend any hearing before the IC when summoned or to provide to the IC, any documents and / or information within his / her power or possession shall constitute misconduct under the Company’s service rules, rendering such Employee for adverse action by the Company.
6 Disciplinary Action
6.1 Consequences
- Specify the consequences of engaging in sexual harassment, which may include disciplinary actions such as verbal or written warnings, suspension, termination, and legal action if necessary.
7 Support and Counselling
7.1 Resources
- Provide access to counselling services and support for victims of sexual harassment, as mandated by the Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act, 2013.
- Promote a culture that encourages empathy and support for those affected by sexual harassment.
8 Retaliation
8.1 Prohibition
- Emphasize that retaliation against any individual who reports sexual harassment or participates in an investigation is strictly prohibited and will result in disciplinary action, in compliance with the Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act, 2013.
9 Communication
9.1 Awareness Campaigns
- Conduct periodic awareness campaigns to reinforce the organization’s commitment to preventing sexual harassment and complying with the Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act, 2013.
- Ensure that all staff and guests are aware of the existence and details of this policy.
10 Review and Revision
10.1 Regular Review
- Regularly review and update the POSH policy to align with legal requirements and organizational changes in accordance with the Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act, 2013.
- The Company reserves the right to amend the Policy from time to time in order to comply with any laws / rules / regulations that come into effect from time to time, related to Sexual Harassment.
11 Conclusion
Earthtree Enviro Pvt. Ltd. is dedicated to fostering a workplace, plantation, and nursery environment that respects the dignity of every individual. This POSH policy reflects our commitment to preventing sexual harassment, complying with the Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act, 2013, and ensuring a safe and respectful atmosphere for everyone associated with our organization.
ANNEX – A
POSH COMMITTEE COMPOSITION
CENTRAL POSH COMMITTEE (CPoC)
POSH Lead: Ms Chau Duncan
Central Committee Members:
⇒ Mr Rishabh Khanna
⇒ Ms Supriya Singh
⇒ Mr Benoit Marmillod
INTERNAL COMMITTEE (IC)
Presiding Officer: Mrs Sanjibita McDonald Tariang
Internal Committee Members:
⇒ Dr S. Goswami
⇒ Mrs Ibadaphunshisha Blah
⇒ Mrs Reena War
⇒ Mr Sunny Mawiong
Internal Sub-Committee Members:
⇒ Miss Sreeja Dutta
⇒ Miss Phibakyntiew Nongdhar
⇒ Ms Nancy M. Kharsati
⇒ Mr Innocent Mawniuh
External Committee Members:
Ms Iaimanda Ryngksai – North East Network (NEN) State Coordinator
ANNEX – B
COMPLAINTS PROCEDURE FLOWCHART
Anyone who is feels or is being subjected to sexual harassment should immediately approach any of the POSH IC Committee member and share the issue in confidence. If possible, one should also inform the alleged harasser that the conduct is unwanted and unwelcome.
In the event that the complainant wishes to initiate a formal complaint, the complainant should submit a written complaint by filling up the POSH Complaint Registration Form and send to [email protected]
ANNEX – C
POSH COMPLAINT REGISTRATION FORM
Please click on this link to access the Complaint Form
ANNEX – D
KEY SECTIONS OF THE INDIAN PENAL CODE (IPC)
SEXUAL HARASSMENT
The POSH Policy is covered under the POSH Act of 2013 and rules thereunder. Some aggravated forms of sexual harassment is covered under the Indian Penal Code, 1860.
Under the Indian Penal Code, the newly introduced Section (S. 354A) which deals with Sexual Harassment has made this a ‘cognizable offense’ i.e. a person charged with Sexual Harassment may be arrested without a warrant.
(1) A man committing any of the following acts:
- a) physical contact and advances involving unwelcome and explicit sexual overtures; or b) a demand or request for sexual favours; or
- c) showing pornography against the will of a woman; or
- d) making sexually coloured remarks,
shall be guilty of the offence of sexual harassment.
(2) Any man who commits the offence specified in clause (i) or clause (ii) or clause (iii) above, shall be punished with rigorous imprisonment for a term which may extend to three years, or with fine, or with both.
(3) Any man who commits the offence specified in clause (iv) above shall be punished with imprisonment of either description for a term which may extend to one year, or with fine, or with both.
In addition to Section 354A set out above, acts of Sexual Harassment may also constitute other offenses under IPC including Section 354 (assault or criminal force to woman with intent to outrage her modesty), Section 354C (Voyeurism), Section 354D (Stalking), Section 375 and 376 (Rape) and Section 509 (word, gesture or act intended to insult the modesty of a woman) of the IPC.
Version | 1.0 |
Prepared By | Sanjibita McDonald Tariang |
Reviewed By | |
Checked By | |
Approved By | Rishabh Khanna |
Docusign Envelope ID: 2CE6FAF0-CF61-4802-AFDE-436A69E05ED6
Last Updated: 16 September 2024