REDRESSAL

MECHANISM

© For BSNL internal circulation only

 Complaints Committee
• Employers need to set up a redress
mechanism/complaints committees as per
Vishaka guidelines. First Contact Persons from
within the Committee or otherwise should be
appointed who could try to resolve the complaint
informally first before the complaint goes to the
formal channels of complaints committee. The
organisation needs to put down clearly, certain
non-negotiables for the complaints committees
for effective resolution of complaints

© For BSNL internal circulation only

Desired Qualities Of The Members
Of Complaints Committee

• Subjectivity: A sexual act when unwelcome is

sexual harassment; the unwelcome is the
woman’s subjective reality. The Complaints
Committee’s first job is to believe in this reality.
(unless something on record completely negates
her complaint).

© For BSNL internal circulation only

 Requirements of committee
• Representative members from all the
constituencies of the Institute should be in the
Cell.
• Convenor should be a woman.
• A socially aware person (possibly an NGO
member) has to be on the committee.
• At least 50% of the members should comprise of
females.
• Members should have personal integrity and
gender sensitivity.
© For BSNL internal circulation only
 Disqualification

• A person shall be disqualified from being

nominated to the committee if there is a
complaint of gender discrimination/sexual
harassment against him/her.

© For BSNL internal circulation only

• Empathy: It is critical that the Complaints
Committee empathizes with the complainant and
does not judge her by their moral standards. The
most important question to be answered in the
affirmative that the committee and all
functionaries must ask themselves while
providing redress to a particular case is 'Do we
believe her?'

© For BSNL internal circulation only

The Complaints Committee must
remember
• It needs extensive orientation for effective functioning.
• It cannot function like a criminal court.
• The complainant, when she complains, has at stake her
personal life and career.
• The impact sexual harassment has on a woman
• It is difficult for a woman to talk about anything sexual.
Hence there can be long time interval between the
harassment and the actual complaint.
• It needs to handle complaints in a confidential manner
and within a time-bound framework
• It needs to submit an annual report on sexual
harassment to the appropriate government authority

© For BSNL internal circulation only

 Complaints committees: Do's
and Don'ts
• Formalise and publicise complaint procedures that are easy and non-threatening.
• Provide safety for friends and supporters of the complainant.
• Appoint complaints officers-one man and one woman- to serve as the first point of
contact.
• Complaint officers should be members of the committee. One of them should be the
outside expert.
• Authorise Complaint Officers to resolve the issue without the committee?s
intervention. If unresolved to the complainant?s satisfaction, the complaint should go
to the committee.
• Use a cheerful, comfortable, airy room for meeting the complainant.
• Ensure that your body language communicates complete attention to the complainant
and the accused.
• Treat the complainant with respect.
• Discard pre-determined notions of how a victim or accused should look or behave.
Beware of stereotypes.
• All sexual crimes are committed in private, so that there may not be any
eyewitnesses. This is an important point that the committee would do well to
remember at all the times.
• Consult the complainant for punitive action.
• If the management does not accept the recommended action, it should give three
valid reasons.
• Help the complainant regain his/her self-respect.

© For BSNL internal circulation only

 Procedure for the Complaint

• A written complaint to the committee may be

addressed to the Convenor of the committee.  If
a written complaint is made to the Director,
Dean, Registrar or any of the members, the
complaint shall be forwarded to the Convenor of
the committee

© For BSNL internal circulation only

 Immediate Action

• 1. The committee shall initially try to resolve the

dispute through informal discussions.
• 2.If not possible, an enquiry Committee shall be
set up by the committee Convenor preferably
within the next ten working days.
• The sub committee thus set up will consist of at
least three persons

© For BSNL internal circulation only

• The complainant shall be protected against the
accused.
• Example :-  If the complainant and the accused
are both employees, either may be temporarily
transferred.( as per the choice of complainant)
• The victim may be referred to a lawyer, doctor
and/or a counsellor, if necessary

© For BSNL internal circulation only

 Procedure for the Enquiry

• 1. The Enquiry Committee shall investigate into

the issue, by laying down its own procedure, to
find out if the accused is prima facie guilty and
the nature and extent of the guilt
• 2. It shall interview the complainant, the accused
and, and investigate relevant documents or
evidence that may be referred to. 

© For BSNL internal circulation only

 Procedure for the Enquiry

• 3. Enquiry Committee may consult a lawyer,

doctor and/or a counsellor, as the need may be.
• 4.Sub Committee shall submit its report to the
committee Convenor within four weeks of its
appointment

© For BSNL internal circulation only

 Procedure for the Enquiry
• 5.If there is a prima facie case against the
accused, the committee may recommend
immediate punishment till the person is proved
innocent or the issue is settled
• 6.In case the accused is found guilty, the
committee may recommend appropriate punitive
action to be undertaken by the management.

© For BSNL internal circulation only

 Punitive Action
• An employee guilty of sexual harassment shall
be liable to give a written apology to the victim
and any of the following punitive actions:
• Suitable censure/warning.
• Withholding of increments.
• Reduction to lower service, grade or post.
• Compulsory retirement.
• Removal from service, or
• Dismissal from service

© For BSNL internal circulation only

• 7.Whenever appropriate, the committee will refer
the victim (complainant) to a lawyer to lodge a
complaint with the concerned police station.  The
complainant shall then keep the committee
informed about progress with the complaint

© For BSNL internal circulation only

• 8.The victims of sexual harassment should
have the option to seek transfer of the
perpetrator or her own transfer.
• 9.The management may discuss his/her plan of
punitive action against the guilty party with the
committee and then implement it within fifteen
working days.

© For BSNL internal circulation only

• 10.A copy of the Management order (or an
action taken report) of the punitive action to the
perpetrator may be given to the
complainant/victim.
• The complainant shall have the right to appeal to
the Chairperson of the Governing Board if
she/he is not satisfied by the action taken by the
Director.

© For BSNL internal circulation only

• TRUE OF FALSE?

• Sexual harassment can only occur in the work place.-false

• Women can not be guilty of sexual harassment. -false
• Only those in leadership positions can initiate sexual
harassment.-True
• Touching other individuals should be avoided.-true
• As long as you don't say anything sexually suggestive to
someone, or physically touch them, it is all right to look at them
all you want.-false
• You keep sexually explicit pictures in your space at work.
Someone complains about them. If you do not remove them,
you could be guilty of sexual harassment.-true

© For BSNL internal circulation only

© For BSNL internal circulation only