Policy Document for the Internal Complaints Committee (ICC) 

1. Purpose and Scope 

The Kashf Initiative is committed to providing a safe, inclusive, and respectful environment for all its members, including employees, volunteers, interns, and collaborators. The organisation is committed to zero tolerance of sexual harassment in the workplace. This policy outlines the procedures for preventing, addressing, and resolving complaints of sexual harassment at the Kashf Initiative in alignment with the Prevention of Sexual Harassment at the Workplace Act, 2013 (POSH Act) and University Grants Commission Regulations on Prevention, Prohibition and Redressal of Sexual Harassment of Women Employees and Students in Higher Educational Institutions, 2015. 

This policy applies to:

• All individuals associated with the team constituting Kashf Initiative as specified on the website team page (https://www.kashfinitiative.com/about-us/who-are-we), including trainees and interns.

• Any incidents occurring in the context of work-related interactions, including virtual meetings, outreach programs, and events hosted by the initiative.

Note: Kashf does not take responsibility for actions of its collaborators outside of the events it organises. 

While Kashf will circulate and publicise this policy document among its associated members, it is the personal responsibility of the individuals to thoroughly acquaint themselves with Kashf’s policy against sexual harassment at workplace. In accordance with its zero tolerance stance on sexual harassment, reasons such as lack of awareness of the expected conduct shall not be entertained. 

2. Definition of Sexual Harassment 

Sexual harassment includes any unwelcome acts or behavior (whether directly or by implication) such as:.

• Physical contact and advances.

• A demand or request for sexual favors.

• Making sexually colored remarks.

• Showing pornography.

• Any other unwelcome physical, verbal, or non-verbal conduct of a sexual nature.

It also includes:

• Creating a hostile work environment.

• Quid pro quo harassment.

• Retaliation against an individual for raising a complaint.

3. Composition of the ICC 

The Internal Complaints Committee (ICC) at the Kashf Initiative will consist of the following members:

1. Presiding Officer: A senior woman member of the initiative.

2. Two Members: Employees or volunteers committed to women’s rights or experienced in handling such complaints.

3. External Member: An expert from an NGO or an individual familiar with dealing with cases of sexual harassment.

The ICC will have at least 50% women members to ensure representation and fairness.

4. Responsibilities of the ICC

The ICC will:

• Receive and process complaints of sexual harassment.

• Ensure confidentiality and protection against retaliation (Refer section 8 of the policy).

• Conduct impartial investigations and hearings.

• Recommend appropriate disciplinary or corrective actions to the management.

• Provide interim relief, if necessary (e.g., transfer or leave for complainants or the accused).

• Submit findings and recommendations to the management within the prescribed timeline.

• Organize training and awareness sessions for members of the Kashf Initiative.

5. Role of the members

The role of members of an Internal Complaints Committee (ICC) is to ensure that complaints are investigated fairly and thoroughly: 

• Presiding officer: Leads the committee and ensures compliance with organisation policies and legal regulations

• Workforce members: Assist with evidence collection, interviews, and maintaining records

• External member: Provides an unbiased perspective with experience in social work or legal knowledge. 

The external members of an ICC will have expertise in gender issues, sexual harassment laws, or women's rights, and be affiliated with reputable organizations. They will be impartial, free of conflicts of interest, and committed to confidentiality and fair decision-making. Their background should ensure neutrality, experience handling sensitive cases, and a strong commitment to gender equality.

6. Term and disqualification of an ICC member

 The term of ICC members will be three years. 

An ICC member can be removed from the position within three years if they:

• Breach confidentiality regarding information related to the case, such as the details related to the identity of the complainant, witness, or the respondent, information regarding the progress of the investigation, or the recommendation made by or actions taken by ICC.

• Is convicted of an offence or an inquiry into the offence is pending.

• Has any pending disciplinary proceedings after being found guilty.

• Has abused any powers to continue in their positions in office which could be against the larger organisational interest or those part of it.

7. Complaint Procedure

1. Filing a Complaint:

• Any individual who experiences or witnesses sexual harassment may file a written complaint to the Presiding Officer of the ICC within 3 months of the incident. Complaints can be submitted via email to the following mail id: grievanceredressal.kashf@gmail.com (handled by the Presiding Officer) or in person. 

• In case the complainant seeks an informal discussion before officially filing a complaint, they may do so by reaching out to the Presiding Officer in the above email id. This is to enable support for the complainant and the Presiding Officer will ensure that it does not intervene in the fair and impartial investigation of the complaint itself.

• In case of complaints against the Presiding Officer of the ICC, the complaint should be directed to the managing administration of the organisation via email to the following email id: admin@kashfinitiative.com.

• The draft mail of the complaint should be flagged with the following subject line: Complaint of sexual harassment. The format of the complaint may include the following components: 

1. The name, local and permanent address(es), email address(es), telephone number(s), and status (organisation member or intern) of the complainant.

2. A statement of facts explaining what happened and what the complainant believes constituted the unlawful discriminatory acts in sufficient detail to give each Respondent reasonable notice of what is claimed against them. 

The statement should include the date, approximate time and place where the alleged acts of unlawful discrimination or harassment occurred. If the acts occurred on more than one date, the statement should also include the last date on which the acts occurred as well as detailed (to a reasonable extent) information about the prior acts. The names of any potential witnesses should be provided.

3. The name(s), address(es), email address(es), and telephone number(s) of the respondent(s), i.e., the person(s) claimed to have committed the act(s) of unlawful discrimination.

4. Identification of the status of the persons charged whether organisation member or intern.

5. A statement indicating whether or not the complainant has filed or reported information concerning the incidents referred to in the complaint with a non-organisation official or agency, under any other complaint, or complaint procedure. If an external complaint has been filed, the statement should indicate the name of the department or agency with which the information was filed and its address.

6. A description of any corrective or remedial action that the complainant would like to see taken.

7. Such other or supplemental information as may be requested.

8. Signature of complainant and the date complaint signed.

2. Acknowledgment:

• The ICC will acknowledge receipt of the complaint within 7 days and initiate an inquiry.

• The ICC will provide a notice describing the available options for taking action, including pursuing a formal complaint with the law enforcement agency, pursuing Kashf's disciplinary process through its ICC, or pursuing both. The complainant can seek supplementary information about the potential consequences of the options.

3. Investigation Process:

• The ICC will investigate the complaint in a fair, impartial, and confidential manner, in accordance with the procedure established by this policy and the POSH Act.

• ICC members should disclose any potential conflicts of interest as soon as a complaint is filed. In that case, they cannot be on the panel and the proceedings will be conducted without them. 

• A quorum of at least half the members including the Presiding Officer shall be required for every sitting of the ICC.

• After receiving the written response of the Respondent, the ICC shall summon witnesses for the date specified for the commencement of proceedings or for any other date. 

• The Complainant, Respondent and any other witness shall narrate on oath their statements regarding the allegations. This statement shall then be the basis for cross-examination by the other party. 

• Both parties will have the opportunity to present their case and submit relevant evidence or witnesses.

• When any statement is provided or any document produced at the inquiry, reasonable time shall be given to all parties to peruse such statement or document.

• All statements shall be read over to, rectified and signed by the person making the statement. The ICC shall initiate disciplinary proceedings in the case of any lying or intentional misleading on oath. 

• Parties shall be provided with an opportunity to clarify or question any allegations/contention raised against/concerning them. However, ICC shall not permit questions that are intended only to intimidate, harass, browbeat or humiliate any witness (including the Complainant or Respondent.) 

• In accordance with the provisions of The Sexual Harassment of Women at Workplace Act 2013 and in compliance with decisions of the Supreme Court, the ICC will consider the past sexual history of complainants as irrelevant for the purposes of the inquiry. 

• If the Complainant or any witness so desires, the ICC shall take adequate steps to ensure that the Complainant or such witness is not made to sit facing the Respondent. Further, if the Complainant so desires (or if any other witness so requests, and the ICC considers the request justified) the ICC shall require the Respondent to submit any questions to be put to the Complainant or such witness in writing to the ICC and the ICC will ask the question to the Complainant or such witnesses. The ICC may decide, for reasons to be recorded in writing, to not ask a question if it violates any norms stated above, or for the same reason may re-frame the question in a manner that keeps its meaning intact.

• The ICC shall ensure that at all times during the proceedings the dignity and autonomy of all parties concerned are safeguarded.

• The Complainant shall have the right to request the ICC for an interim measure at any stage of the proceedings. 

• The ICC has the power to summon additional witnesses, and undertake any other measure for the fair conduct of the proceedings.

4. Timeline:

• The ICC will complete the inquiry within 90 days of receiving the complaint.

5. Report Submission:

• After conclusion of the oral hearing, the ICC will issue a reasoned order within 10 days from the day after the conclusion of the oral hearing, stating whether or not the allegations have been proved and reasons for the same. If the allegations have been proved, the order shall also contain the ICC’s recommendations as to the remedial action to be taken by the organisation. 

• A Copy of the Order shall be sent to the Complainant, Respondent and the management. The ICC’s recommendations would be treated as final. 

• All orders, summons, interim measures, and any other communication to any person should be routed through the Presiding Officer of the ICC. The office of the Presiding Officer of the ICC is bound by confidentiality. 

• The Chairperson of the ICC shall maintain a catalogue which shall include; i. The names and accounts of witnesses ii. All material placed before the ICC by any party to the proceeding, provided that after the conclusion of the procedure, it is the duty of the Presiding Officer of the ICC to ensure that the aforementioned materials are destroyed. 

6. Action:

• The management will implement the recommended actions within 30 days of receiving the ICC report.

8. Confidentiality and Protection

• All complaints and proceedings will be kept confidential.

• Breach of confidentiality may result in disciplinary action.

• Retaliation or victimization of the complainant, witnesses, or ICC members will not be tolerated. The liable person shall be expelled with immediate effect. We are committed to ensuring the complainant's continued access to and safety within Kashf, offering ongoing psycho-social support.
  
  

9. Disciplinary Actions

 Based on the ICC’s findings, the Kashf Initiative may take the following actions against the respondent, which includes but is not limited to:

• Written apology.

• Warning or reprimand.

• Termination of employment or volunteering agreement.

• Provision of legal advice for further legal action by the complainant, if so desired. 

10. Procedure for Conciliation

The following principles shall be adhered to if the complainant opts for conciliation:

• The process of conciliation shall be initiated only on receipt of a request in writing from the complainant. 

• A complainant may submit such a written request for conciliation at any point during the proceedings. 

• If the complainant requests for conciliation, the Presiding Officer of the ICC shall within a period of one week of the receipt of such request, summon the complainant in order to ensure that they are not opting for conciliation under any form of coercion/threat.

• The process of conciliation shall be conducted by the ICC.

• Conciliation shall not include any component of monetary settlement or pecuniary benefit to either of the parties, but may include a verbal or written apology, counselling of respondent, bond of good conduct by the respondent, monitoring of the respondent’s good conduct by the organisation, or any other reasonable relief agreed to by the complainant. 

• The conciliator and the parties shall keep confidential all matters relating to the conciliation proceedings. Confidentiality shall extend also to the settlement agreement, except where its disclosure is necessary for purposes of implementation and enforcement. 

• The conciliation process shall be completed within a period of 30 days from the time of receiving the request for the same from the complainant. 

• The complainant may opt out of the conciliation process at any point during these thirty days, without any adverse inference being drawn against them for doing so. 

• If at any point in the Conciliation process, if the ICC feels that the conciliation has been unsuccessful, the inquiry shall resume according to the provisions of these Rules. Provided that the time period spent in the conciliation proceedings shall not be counted in the overall time limit for the proceedings of the ICC.

11. Awareness and Training

The Kashf Initiative will:

• Conduct regular training and workshops on preventing sexual harassment.

• Ensure all members are aware of this policy and the role of the ICC.

12. Appeals

If any party is dissatisfied with the ICC’s findings or the actions taken, they may appeal to the appropriate court or tribunal as per the provisions of the POSH Act.

13. Contact Information

For filing complaints or seeking guidance, please contact the Presiding Officer of the ICC at:
Email: grievanceredressal.kashf@gmail.com

14. Review of Policy

 This policy will be reviewed annually to ensure compliance with legal requirements and the evolving needs of the organization. 

This policy document has been prepared by the Kashf Initiative in consultation with Atreyee Sengupta, PhD Candidate, School of Law, Gender, and Media, School of Oriental and African Studies (SOAS), University of London. She specialises in feminist engagements with anti-sexual harassment laws and institutional mechanisms in Indian universities. Her broader areas of interest lie in the fields of socio-legal studies and feminist legal theory.