Q - Anti Sexual Harassment Policy
Q - Anti Sexual Harassment Policy
Q - Anti Sexual Harassment Policy
AIESEC IN INDIA
COMPENDIUM
Anti Sexual Harassment Policy
A. INTRODUCTION
[Association Internationale des Étudiants en Sciences Économiques et Commerciales
registered as Not for profit society under the Societies Registration Act, 1860] (“AIESEC”)
believes that everyone must get equal opportunity to work, regardless of race, caste,
religion, colour, ancestry, marital status, gender, sexual orientation, age, nationality, ethnic
origin or disability. It believes that a safe and conducive work environment that enables all
to work without fear of prejudice, gender bias and sexual harassment, where employer and
employees respect each other’s integrity and dignity, their privacy, their right to equality
and right to opportunity in the workplace, is created. It understands that equality in
employment can be seriously impaired when individuals are subjected to discrimination by
way of sexual harassment at workplace. Each such incident results not only in the violation
of fundamental rights of “Gender Equality” and the “Right to Life and Liberty” under
Articles 14, 15 and 21 of the Constitution of India but also in the violation of the victim’s
fundamental right under Article 19 (1) (g) “to practice any profession or to carry out any
occupation, trade or business”. The fundamental human rights to protection against sexual
harassment and the right to work with dignity are also universally recognized by
international conventions and instruments such as Convention on the Elimination of all
Forms of Discrimination against Women (“CEDAW”), which has been ratified on the 25th
June, 1993 by the Government of India. Pursuant to the Constitutional provisions
mentioned above and India’s commitment to the objectives of CEDAW, the Indian
Parliament has enacted the Sexual Harassment of Women at Workplace (Prevention,
Prohibition and Redressal) Act and Rules, 2013 (‘the Law’) with the objective to provide
protection against sexual harassment of women at workplace. AIESEC recognizes that the
Law has been passed as a measure to provide equal opportunity to work to its women
population and grant them equality under the Constitution of India. Thus, the procedure
and the mechanism specified in Law has been provided keeping the women population in
mind i.e. to prevent instances of sexual harassment of women at workplace and to have a
complaints mechanism to address their complaints. However, as AIESEC also recognizes
that genders other than women aren’t immune to sexual harassment as well and can
experience such behaviours at the workplace.
AIESEC is committed to work and provide support towards provision of a safe and
conducive environment at workplace for all its employees, regardless of gender.
Additionally, it is committed to create an ethos of acceptance and inclusivity such that
individuals regardless of their sexual orientation, sexual preferences, individuals belonging
to LGBTQI community, individuals choosing to not be in any of the socially constructed
communities and adopting a fluid/non-binary approach feel respected and accepted at the
workplace. In light of the above, AIESEC has formulated this policy against sexual
harassment at workplace (“Policy”) as per the Law and is also extending the same to other
genders as part of its internal policy.
While the law is applicable to women employees only, as a healthy practice and as part of
internal policies, AIESEC has extended the benefit of the law to not only its women
Sexual Harassment is not specific to any gender or from any specific gender – it could be
Male to Female, Female to Male, Male to Male, or Female to Female or male or female to
transgender or any other. Everyone must exercise their own good judgment to avoid
engaging in conduct that may be perceived by others as Sexual Harassment. In all the above
cases, it is not the intention of the person behaving but the impact on the person who is
subjected to such behavior that will matter.
2. WHAT IS A WORKPLACE?
3. WHO IS AN EMPLOYEE?
“Employee” means any person employed at AIESEC for any work on regular, temporary, ad
hoc or daily wage basis either directly or through an agent, on the rolls of AIESEC including
those on deputation, contract, temporary, ad hoc, probationer, trainee, apprentice, part
time or working as consultants, whether for remuneration or not, or working on voluntary
basis, whether the terms of employment are express or implied.
b) The Complainant should provide as many specific detail as possible including incidents,
dates and people that are involved in their complaint, though should avoid making
general, broad and sweeping statements. Details with respect to the following may be
provided while filing a complaint:
i) The alleged event, matter or issue that is subject to the complaint
(time/date/place etc.)
ii) The name and details of the Employee (Respondent) against whom the complaint
is being filed
iii) Names and addresses of the witnesses (if any)
iv) Details of documentary evidence (if any) such as WhatsApp chat records, SMS, E-
mails, CCTV Footage, Audio / Video recording etc. and
v) Any additional information, documentation or other evidence available to
support the complaint (if any)
c) Complaint must be made within a period of 3 (three) months from the date of incident
and in case of a series of incidents, within a period of 3 (three) months from the date of
d) The IC, at its discretion, can extend the time limit for receiving a complaint to another
period of 3 (three) months if it is satisfied that the circumstances were such which
prevented the Complainant from filing a complaint within the first 3 (three) months.
e) IC will record the reasons for such extension of 3 (three) months in writing.
If the complainant needs assistance in writing the complaint, they can seek help from IC.
The complaint can be submitted to the IC electronically at [email protected].
If the Complainant 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 their written consent. If the
Complainant is deceased, a complaint may be filed by any person who has knowledge of the
incident, with the written consent of their legal heir.
b) In case Respondent is a Visitor / Third Party, any one or more of the following may be
recommended:
If the Respondent is a Visitor / Third Party adequate steps to ensure that they do
not enter AIESEC premises or contact/threaten Complainant/Witnesses shall be
recommended to AIESEC by IC including reaching out to the Police if required with consent
of Complainant.
12. WHAT IS AN INQUIRY REPORT AND WHAT ACTIONS CAN BE SUGGESTED UNDER IT?
On completion of inquiry, the IC shall provide a written report of its findings and
recommendations to AIESEC within 10 (ten) days from date of completion of the inquiry.
Such report shall also be made available to Complainant and Respondent. The inquiry
report shall specify details of the allegations against the Respondent, the statements made
and evidence presented by the Complainant, Respondent and / or witnesses, IC’s findings
along with a statement giving reasons for the findings arrived at by the IC and IC’s
recommendations.
a) In case allegations against Respondent have not been proven:
In the event that the IC arrives at the conclusion that the allegation against the Respondent
has not been proved, it shall recommend to AIESEC that no action is required to be taken in
the matter.
IC may consider various factors as required under Law for the purpose of determining the
sums to be paid to the Complainant and may take the following into consideration:
• the mental trauma, pain, suffering and emotional distress caused to the Complainant
• the loss in the career opportunity due to the incident of sexual harassment
• medical expenses incurred by the victim for physical or psychiatric treatment
• the income and financial status of the Respondent
• feasibility of such payment in lump sum or in instalments
ii. Where the Respondent is a Third Party, IC may recommend any one or more of the following:
• Warning to employing Organization/association/firm (if any)
• Declaring the Workplace/Organization out of bounds to the Respondent
• Withdrawal of the right to provide services to Organization for a certain period (if
• applicable)
• Helping the Complainant to file FIR, should they desire
• Debarring/blacklisting such person from AIESEC
• Other similar or appropriate punishment
Organization shall act upon the recommendation given by IC within 60 (sixty) days of
receipt of the recommendation.
ii) A mere inability to substantiate a complaint or provide adequate proof need not attract
action against the Complainant as the malicious intent on the part of the Complainant will
have to be established through the inquiry process before an action against such
Complainant is recommended.
14. CONFIDENTIALITY
All discussions / decisions pertaining to an incident of sexual harassment must be kept
confidential. Therefore, contents of the complaint made, the identity and addresses of the
Complainant, Respondent and witnesses, any information relating to conciliation and
inquiry proceedings, inquiry report including recommendations of the IC and action taken
on the Respondent shall not be published, communicated or made known to the public,
press and media in any manner. However, information may be disseminated regarding the
justice secured to any victim without disclosing the name, address, identity or any other
particulars calculated to lead to the identification of the Complainant and witnesses.
Appropriate information will be shared with Government authorities as per the Act. If any
person (including Complainant, witnesses) breaches confidentiality, AIESEC shall recover a
sum of rupees five thousand (5,000) as penalty from such person and may take any other
action as it may deem fit.
20. AMENDMENTS
AIESEC 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 at workplace. This Policy shall be reviewed bi-annually or as and when key
issues get raised to incorporate amendments.
This Policy does not intend to create any contractual obligation for or with AIESEC, and in
case of dispute with the Law and the Policy, the Law shall prevail.
Annexure 1
If you are unable to make a complaint in writing for any reason, you may contact any of the
members of the IC (details of whom are provided above) and they shall render assistance to
you for making the complaint in writing.
You may file a complaint to IC electronically at [email protected]