INTRODUCTION

This policy is in supersession of the earlier policy dated: 02ns September, 2014 vide Board Resolution dated 04th April, 2025. 

Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (POSH Act) read with Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Rule, 2013 (Rules) were notified on 9th December, 2013. The POSH Act and the Rules framed thereunder provides a redressal mechanism for handling cases of sexual harassment at workplace. Rule 13(a) of the Rules mandates every employer to formulate an internal policy on prohibition, prevention and redressal of sexual harassment at the workplace intended to promote gender sensitive safe spaces and remove underlying factors that contribute towards a hostile work environment against women.

Sexual harassment at the workplace results in violation of the fundamental rights of a woman

  • to equality under Articles 14 and 15 of the Constitution of India
  • to life and to live with dignity under Article 21 of the Constitution
  • to practice any profession or to carry on any occupation, trade or business which includes a   right to a safe environment free from sexual harassment.

Protection against sexual harassment and the right to work with dignity are universally recognised human rights by international conventions and instruments such as Convention on the Elimination of all Forms of Discrimination against Women, which has been ratified on 25 June 1993 by the Government of India.

STATEMENT OF INTENT

Coimbatore Kidney Care and Research Limited (the Company) is committed towards a healthy working environment. The Company does not encourage partiality on the basis of race, caste, religion, colour, ancestry, marital status, gender, age, nationality, ethics origin or disability so that all are treated equally and with dignity. The Company follows zero tolerance policy towards sexual harassment at Workplace and is committed to take all necessary steps to ensure that its Employees or woman visitors at Workplace are not subjected to any form of harassment including workplace harassment. This policy intends to outline the procedures for preventing, addressing, and resolving complaints of sexual harassment and provides a mechanism for redressal through an Internal Complaints Committee (ICC).

DEFINITION

  1. “Aggrieved Woman” means in relation to a workplace, a woman, of any age whether employed or not, who alleges to have been subjected to any act of sexual harassment by the Respondent;
  2. “Employee” means a person employed at the workplace, for any work on regular, temporary, ad-hoc or basis, either directly or through an agent, including a educational institution, with or without the knowledge of the principal employer, whether for remuneration or not, or working on a voluntary basis or otherwise, whether the terms of employment are express or implied and includes a coworker, a contract worker, probationer, trainee, apprentice or called by any other such name.
  3. “Employer” means the manager, department head, senior or superior reporting authority and the Board.
  4. “Respondent” means a person against whom the aggrieved woman has made a complaint. 
  5. “sexual harassment” includes any one or more of the following unwelcome acts or behavior (whether directly or by implication) namely:—
    1. physical contact and advances; or
    2. a demand or request for sexual favours; or
    3. making sexually coloured remarks; or
    4. showing pornography; or
    5. any other unwelcome physical, verbal or non-verbal conduct of sexual nature;

  6. “Workplace” includes

    1. All offices, branches or other premises where the Company’s business is conducted including the Company’s mobile or transport facilities.
    2. All Company-related activities performed at any other site away from the Company’s premises.
    3. Any social, business or other functions of the Company where the conduct or comments may have an adverse impact on the workplace or workplace relations.
    4. Dwelling place or a house in case of work from home situations.
    5. Any place visited by the employee arising out of or during the course of employment including transportation by the employer for undertaking such journey.

SCOPE

This POSH Policy is framed in accordance to the above-mentioned Act and Rules. Accordingly, while the policy covers all the key aspects of the Act, for any further clarification reference shall always be made to the Act and the provisions of the Act shall prevail.

This policy applies to all woman Employees (full-time, part-time, trainees and those on contractual assignments) of the Company including all subsidiaries and affiliated companies at their workplace or at client sites and also to visitors at the Company or any of its Workplace and also to any woman visiting the Workplace. This version of the policy is effective from 04th April, 2025 and supersedes all prior policies and communication on this matter.

WHAT DOES SEXUAL HARASSMENT MEAN?

Without any limitation but in addition to Para 3(v) above, Sexual Harassment is unwelcome conduct of any nature which makes an Employee or any woman at Workplace feel offended, humiliated and/or intimidated sexually. In order to determine whether sexual harassment has occurred or not, purely depends upon the experience of the Aggrieved Woman and not on the intention of the person or persons who does/do any act or behaviour.

Sexual Harassment includes any one or more of the following unwelcome acts or behaviour (whether directly or by implication), but are not limited to:

  1. Unwelcome sexual advances involving verbal, non-verbal, or physical conduct, implicit or explicit;
  2. Verbal conduct includes (but not limited to) teasing, voyeurism, innuendos and taunts with implicit sexual connotation including insult based on sex of the employee or commenting on an employee’s appearance, age, private life etc.;
  3. Physical conduct includes (but not limited to) patting, pinching, stroking, fondling, intentional brushing against another’s body, teasing, taunts, sounds which have explicit and /or implicit sexual connotation/overtones, molestation etc.;
  4. Demand or request for sexual favour;
  5. Display of pictures, signs or such others things with sexual nature / connotation / overtones in the work area or work-related areas;
  6. Showing pornography, making or posting vulgar / indecent / sexual pranks, teasing, jokes, demeaning or offensive pictures, cartoons, pornography or other materials through email, SMS, MMS, gestures, or any social media platform etc.;
  7. Making sexually coloured remarks, about looks, clothing or body part, etc.
  8. Giving gifts or leaving objects that are sexually suggestive;
  9. Repeatedly asking to socialize during off-duty hours, invitation for a date, or continued expressions of sexual interest against a person’s wishes;
  10. Intruding one’s privacy with constant staring, watching, following, contacting of a person or any other unwelcome physical, verbal or non-verbal conduct of sexual nature.

 

The following circumstances if it occurs or is present in relation to any sexually determined act or behaviour also amount to sexual harassment:

  1. Implied or explicit promise of preferential or detrimental treatment in employment;
  2. Implied or explicit threat about the present or future employment status;
  3. Interference with the person’s work or creating an intimidating or offensive or embarrassing or hostile work environment; or
  4. Humiliating treatment likely to affect health or safety.
  5. An alleged act of sexual harassment committed at the workplace, during or outside of office hours for work falls under the purview of this policy.

PROHIBITION OF SEXUAL HARRASMENT AT WORKPLACE

Any acts or behaviours specified in Para 5 of the policy mentioned hence forth is strictly prohibited by the Company. Any person engaged in the above said activities would be held liable and shall undergo inquiry, disciplinary actions or prosecution as stated in the policy which may involve termination of employment on grounds of moral turpitude.

HOW TO IDENTIFY SEXUAL HARRASMENT?

It is vital for every Employee to identify an act of sexual harassment and raise the voice. The Employee should actively avoid such situation and/or report to the ICC immediately or not later than three months from the incident and in case of any continuing event; report from the day of last encounter / incident.

It is our responsibility to build a safe workplace together. Never encourage harassment. The Employees shall vow to undertake following actions to ensure prevention of any form of harassment:

  1. Refusing to participate in any activity which constitutes harassment
  2. Support the person to reject unwelcome behaviour
  3. Acting as a witness if the person being harassed decides to lodge a complaint

WHO CAN MAKE COMPLAINT?

All women Employees of the Company shall be protected under this policy to provide safe working environment. Any Aggrieved Women may make, in writing, a complaint of sexual harassment at workplace to the ICC. The members of the ICC shall render all reasonable assistance to the Aggrieved women for making the complaint in writing.

Where the Aggrieved Women is unable to make a complaint on account of her physical or mental incapacity or death or otherwise, her legal heir or such other person as may be prescribed may make a complaint to ICC.

Any person who is eligible to make a compliant shall be referred to as Complianant.

The written complaint shall be made within a period of three months from the date of incident and in case of a series of incidents, within a period of three months from the date of last incident. ICC may, for the reasons to be recorded in writing, extend the time limit not exceeding three months, if it is satisfied that the circumstances were such which prevented the aggrieved woman from filing a complaint within the said period.

REDRESSAL MECHANISM – COMMITTEE, PROCESS & RESOLUTION

Any compliant received under this policy shall be proceeded in accordance with this policy and in compliance to the Act.

INTERNAL COMPLAINTS COMMITTEE (ICC)

Internal complaints committee shall be formed to receive complaints, proceed redressal mechanism and to communicate & conduct awareness programmes on sexual harassment at workplace. The Company shall constitute ICC in accordance with the Act.

Constitution:

The ICC shall consist of the following members, provided at least half of the total members so nominated by the Board shall be women, namely:

  1. Presiding Officer: A female Employee at a senior level at the workplace shall be appointed as presiding officer.
  2. Two Internal Members: Two Employees who are committed to the cause of women or who have experience in social work or have legal knowledge.
  3. One External Member: One member from amongst non-governmental organisations or associations committed to the cause of women or a person familiar with the issues relating to sexual harassment.

The ICC has been formulated at the corporate office and will comprise of the following:

  1. Chairperson/Presiding Officer
  2. Chief Executive Officer
  3. 3-4 Internal Members -Women & Men working at senior level
  4. External Member

The details of the current members of the ICC are enclosed in Annexure-A.

Tenure:

All the members including presiding officer shall hold office at ICC for not more than three years from their appointment. They can be re-appointed after a cooling period of two years.

Vacation of office:

A member of the ICC gives a resignation from the Company’s employment, or go on a leave for a continuous period of two months or more they shall vacate the office at ICC. And such vacation shall be treated as casual vacancy and be filled by fresh nomination in accordance with the act within a period of three months from the date of vacation.

If the member is found contravening the provisions of section 16 of the Act; or has been convicted for an offence or an inquiry into an offence under any law for the time being in force is pending against him/her; or he/she has been found guilty in any disciplinary proceedings or a disciplinary proceeding is pending against him/her; or has so abused his/her position as to render his/her continuance in office prejudicial to the public interest, such member shall vacate the office at ICC. The vacancy so created shall be treated as casual vacancy.

Responsibility

The committee will be responsible for:

  • Receiving complaints of sexual harassment at the Workplace
  • Initiating and conducting inquiry as per the established procedure
  • Submitting findings and recommendations of inquiries
  • Coordinating with the employer in implementing appropriate action
  • Maintaining strict confidentiality through-out the process as per established guidelines
  • Submitting annual reports in the prescribed format.

INTERNAL COMPLAINTS COMMITTEE (ICC)

FORMAL COMPLAINT:

  1. An Aggrieved Woman may make a formal complaint to the Presiding Officer of the ICC constituted by the Management. The complaint shall have to be in writing, submitted within 3 months from the date of the incident and in case of a series of incidents, within a period of 3 months from the date of the last incident. The ICC can extend the timeline for filing the complaint, for reasons to be recorded in writing, by another period of 3 months. The employee is required to disclose their name, department, division and location they are working in, to enable the Presiding Officer to contact them and take the matter forward.
  2. Provided that where such a complaint cannot be made in writing, the Presiding Officer or any Member of the ICC shall render all reasonable assistance to the women for making the complaint in writing.
  3. If the Aggrieved Woman is unable to make a complaint on account of her physical in capacity, a complaint may be filed by:
    1. Her relative or friend or legal heir; or
    2. Her co-worker; or
    3. Any person who has knowledge of the incident, with the written consent of the Aggrieved Woman
  4. If the Aggrieved Woman is unable to make a complaint on account of her mental in capacity, a complaint may be filed by
    1. Her relative or friend; or
    2. A special educator; or
    3. A qualified psychiatrist or psychologist; or
    4. The guardian or authority under whose care she is receiving treatment or care; or any person who has knowledge of the incident jointly with the Aggrieved Woman’s relative or friend or qualified psychiatrist or psychologist, or guardian or authority under whose care she is receiving treatment or care.
  5. If the Aggrieved Woman for any other reason is unable to make a complaint, a complaint may be filed by any person who has knowledge of the incident, with her written consent.
  6. If the Aggrieved Woman is deceased, a complaint may be filed by any person who has knowledge of the incident, with the written consent of her legal heir.
  7. The complaint shall be submitted by the Complainant to the ICC in writing or shall be submitted to the ICC electronically at cbekidneycentrehr@yahoo.com.The complaint can also be physically submitted to any ICC member.
  8. The Presiding Officer of the ICC will proceed to determine whether the allegations (assuming them to be true only for the purpose of this determination) made in the complaint fall under the purview of Sexual Harassment, preferably within 30 days from receipt of the complaint.
  9. In the event, the allegation does not fall under the purview of Sexual Harassment or the allegation does not constitute an offence of Sexual Harassment, the Presiding Officer will record this finding with reasons, and if required may carry a disciplinary action against the Respondent after communicate the same to the Complainant.
  10. If the Presiding Officer of the ICC determines that the allegations constitute an act of Sexual Harassment, the Aggrieved Woman will be given an option for conciliation or formal inquiry to investigate the allegation with the assistance of the ICC.
  11. In case of conciliation, no monetary settlement can be made. The settlement arrived by committee shall be recorded & report the same to the employer for taking appropriate action. Resolution through conciliation is to happen within 2 weeks of receipt of complaint. The committee shall provide copies of the settlement to Complainant & Respondent. Where a settlement is arrived at, no further inquiry is to be conducted by the committee.
  12. Where the Aggrieved Woman denied conciliation or the conciliation has not resulted in any settlement or the Aggrieved Woman informs the committee that any term or condition of the settlement arrived through conciliation, has not been complied with by Respondent; than a formal inquiry under the provision of Act shall be initiated.
  13. The manner and procedure for initiating formal inquiry is as follows:
    1. The Aggrieved Woman should submit the complaint along with supporting documents and the names of the witnesses, if any.
    2. The ICC will hold a meeting with the Complainant within seven days of receipt of the complaint, but no later than a week in any case.
    3. At the first meeting, the ICC members shall hear the Complainant and record her allegations. The Complainant can also submit any corroborative material with a documentary proof, oral or written material, etc., to substantiate her complaint.
    4. The ICC shall proceed with the enquiry and communicate the same to the Complainant and Respondent.
    5. Upon receipt of the complaint, the ICC will send 1 copy of the complaint to Respondent within 7 working days of receiving the complaint.
    6. Respondent shall reply with all supporting documents within 10 working days of receiving the copy of the complaint.
    7. Thereafter, the Respondent may be called for a deposition before the ICC and an opportunity will be given to him to give an explanation, where after, an inquiry shall be conducted and concluded.
    8. The Complainant shall be provided with a copy of the written explanation submitted by the Respondent.
    9. If the Complainant or the Respondent desires any witness/es to be called, they shall communicate in writing to the ICC the names of witness/es that they propose to call.
    10. The ICC shall call upon all witnesses mentioned by both the parties.
    11. The ICC shall provide every reasonable opportunity to the Complainant and the Respondent for putting forward and defending their respective case.
    12. If either party desires to tender any documents by way of evidence before the ICC, the same is to be supplied as original copies of such documents. Signatures should be affixed on the respective documents to certify these to be original copies.
    13. No legal practitioner can represent any party at any stage of the inquiry procedure.
    14. The ICC is to make inquiry into the complaint in accordance with the principles of natural justice
    15. In conducting the inquiry, a minimum of three committee members including the Presiding Officer are to be present
    16. The employer shall provide all necessary assistance for the purpose of ensuring full, effective and speedy implementation of this policy
    17. Where Sexual Harassment occurs as a result of an act or omission by any third party or outsider, the Company shall take all steps necessary and reasonable to assist the Aggrieved Woman in terms of support and preventive action.
    18. The ICC can terminate the inquiry or give ex-parte decision, when the Complainant or Respondent remains absent for 3 consecutive hearings.
  14. The ICC shall conduct such investigations in a timely manner and shall submit a written report to the Board of the Company containing the findings and recommendations on action to be taken as soon as practically possible and in any case, not later than 90 days from the date of receipt of the complaint.
  15. Where such conduct, on the part of the accused, amounts to a specific offence under the law, the Company shall initiate appropriate action in accordance with law by making a complaint with the appropriate authority.
  16. In case the complaint is found to be false, the Complainant shall, if deemed fit, be liable for appropriate disciplinary action by the Management.

RESOLUTION PROCEDURE THROUGH CONCILIATION

Once the complaint is received, before initiating the inquiry, the committee may take steps to conciliate the complaint between the Complainant and the Respondent. This is only if requested by the Aggrieved Woman. No monetary settlement can be made as a basis of conciliation.

In case a settlement is arrived at, the committee records & reports the same to the employer for taking appropriate action. Resolution through conciliation is to happen within two weeks of receipt of complaint. The committee shall provide copies of the settlement to Complainant & Respondent. Where a settlement is arrived at, no further inquiry is to be conducted by the committee.

RELIEF DURING PENDENCY OF INQUIRY

During pendency of the inquiry, on a written request made by the Complainant, the committee may recommend to the employer to:

  • Transfer the Complainant or the Respondent to any other workplace
  • Grant leave to the aggrieved woman of maximum three months, in addition to the leave she would be otherwise entitled
  • Prevent the Respondent from assessing Complainant’s work performance
  • Grant such other relief as may be appropriate

Once the recommendations of interim relief are implemented, the same is informed to the ICC.

TERMINATION OF ENQUIRY

ICC may terminate the inquiry or give ex-parte decision, if Complainant or Respondent respectively is absent for three consecutive hearings, without sufficient reason. Fifteen days written notice is to be given to the party, before termination of enquiry or ex-parte order.

ACTION TO BE TAKEN AFTER ENQUIRY

Post the inquiry, the committee submits its report containing the findings and recommendations to the employer, within ten days of completion of the inquiry.

COMPLAINT UNSUBSTANTIATED

Where the committee arrives at the conclusion that the allegation against the Respondent has not been proved, it recommends to the employer that no action is required to be taken in this matter. Further, the committee ensures that both parties understand that the matter has been fully investigated, that the matter is now concluded, and neither will be disadvantaged within the Company.

COMPLAINT SUBSTANTIATED

Where the ICC arrives at the conclusion that the allegation against the Respondent has been proved, it recommends to the employer to take necessary action for sexual harassment as misconduct, in accordance with the applicable service rules and policies, and this may include:

  • Counselling
  • Censure or reprimand
  • Apology to be tendered by Respondent
  • Written warning
  • Withholding promotion and/or increments
  • Suspension
  • Termination
  • Or any other action that the employer may deem fit.

The Company is required to act upon the recommendations within sixty days and confirm to the ICC. Post implementation of the actions, follow up with the Complainant should also occur to ascertain whether the behavior has in fact stopped, the solution is working satisfactorily and if no victimization of either party is occurring.

PUNISHMENT FOR SEXUAL HARASSMENT

Where the allegation against the Respondent has been proved, it shall recommend to the employer or the District Officer, as the case may be, to take any action including a written apology, warning, reprimand or censure, withholding of promotion, withholding of pay rise or increments, terminating the Respondent from service or undergoing a counselling session or carrying out community service.

In case the ICC finds the degree of offence coverable under the Indian Penal Code, then this fact shall be mentioned in its report and appropriate action shall be initiated by the employer, for making a Police Complaint under The Bharatiya Nyaya Sanhita, 2023 (BNS) (45 of 2023), which deals with Sexual Harassment as a ‘cognizable offense’ i.e. a person charged with Sexual Harassment may be arrested without a warrant or any other law for the time being in force, against the harasser, or if the aggrieved employee so desires, where the harasser is not an employee, in the workplace at which the incident of sexual harassment took place.

PUNISHMENT FOR FALSE / MALICIOUS COMPLAINT & FALSE EVIDENCE

Where the ICC arrives at the conclusion that the allegation against the Respondent is malicious or the Aggrieved Woman or any other person making the complaint has made the complaint knowing it to be false or the Aggrieved Woman or any other person making the complaint has produced any forged or misleading document, it may recommend to the employer or District Officer, as the case may be, to take action in accordance with the provisions of Rule 9 of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Rules, 2013.

CONFIDENTIALITY & PROTECTION AGAINST VICTIMIZATION

The Company understands that it is difficult for the Aggrieved Woman to come forward with a complaint of sexual harassment and recognizes the interest in keeping the matter confidential.

To protect the interests of the Aggrieved Woman, witness, the harasser or Respondent and others who may report incidents of sexual harassment, confidentiality will be maintained throughout the investigatory process to the extent practicable and appropriate under the circumstances. The Company adopts zero tolerance towards victimization and persons involved shall go through disciplinary action.

All records of complaints, including contents of meetings, results of investigations and other relevant material will be kept confidential by the Company except where disclosure is required under disciplinary or other remedial processes.

The information may be disseminated regarding the justice secured to any Aggrieved Woman of sexual harassment under this Act without disclosing the name, address, identity or any other particulars calculated to lead to the identification of the aggrieved woman and witnesses.

APPEAL

Any person aggrieved or dissatisfied from the recommendations, implementation or non-implementation of such recommendations made may prefer an appeal to the appellate authorities Chief Labour Commissioner or all Deputy Chief Labour Commissioner within 90 days of the recommendation.

AWARENESS PROGRAMME

The employer shall make active contribution in spreading the awareness about POSH Act and the ICC for redressal. It can initiate the following steps:

  1. Display at any conspicuous place in the workplace, the penal consequences of sexual harassments and the active role of ICC;
  2. Carry out employee’s awareness programmes and create forum for dialogues which may involve Panchayati Raj Institutions, Gram Sabha, women’s groups, mothers’ committee, adolescent groups, urban local bodies and any other body as may be considered necessary;
  3. Use modules developed by the State Governments to conduct workshops and awareness programmes for sensitising the employees with the provisions of the Act
  4. Organise workshops and awareness programmes at regular intervals for sensitising the employees with the provisions of the Act and orientation programmes for the members of the ICC in the manner as may be prescribed;
  5. Conduct capacity building and skill building programmes for the Members of the ICC;
  6. Declare the names and contact details of all the Members of the ICC;

LEGAL COMPLIANCE

  1. The ICC shall create an annual report for every calendar year having the following details;
    1. number of complaints of sexual harassment received in the year;
    2. number of complaints disposed off during the year;
    3. number of cases pending for more than ninety days;
    4. number of workshops or awareness programme against sexual harassment carried out;
    5. nature of action taken by the employer or District Officer
  2. The ICC shall submit such annual report to the Board of the Company and the District Officer of the workplace before 31st January every year.
  3. The employer shall disclose on Company’s website copy of the POSH Policy and the details of ICC including their name and contact details.

REVIEW OF THE POLICY

This policy shall be reviewed at an interval as may be decided by the ICC and approved at the board meeting. This policy is subject to the provision of POSH Act and the Rules framed thereunder and shall be subject to change. In case of any discrepancy between the policy and the Act, the act shall prevail.

COMPOSITION OF THE INTERNAL COMPLAINT’S COMMITTEE (ICC)

SL.NO. MEMBER CATEGORY MEMBER NAME
1 CHAIRPERSON Dr KAVITHA RAJKUMAR
2 INTERNAL NANDHINI SENTHILVEL
3 INTERNAL Dr SUDHA J
4 INTERNAL Mrs MOHANAPRIYA S
5 INTERNAL Mrs LATHA MOHAN
6 EXTERNAL Mrs MANJULA DEVI S