Background and Purpose of the Policy

Bright Orange Foundation is deeply committed to maintaining a work environment where all individuals, irrespective of their gender, feel respected, safe, and valued. In recognition of the widespread issue of sexual harassment, particularly against women, BRIGHT ORANGE FOUNDATION has adopted this policy to ensure the prevention, prohibition, and prompt redressal of sexual harassment cases. This policy is grounded in the Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act, 2013, enacted by the Government of India, which mandates organizations to establish a robust mechanism to prevent and address incidents of sexual harassment at the workplace.

The foundation acknowledges the importance of fostering a gender-sensitive workplace where employees can perform their duties without fear of any form of sexual misconduct. This policy sets out BRIGHT ORANGE FOUNDATION’s zero-tolerance stance on sexual harassment and outlines the process for reporting, investigating, and addressing complaints fairly and impartially.

 

Scope and Applicability of the Policy 

This policy applies to all individuals associated with BRIGHT ORANGE FOUNDATION, including but not limited to:

  • Permanent, temporary, and part-time employees
  • Contractors, consultants, and external service providers
  • Interns, fellows, and volunteers
  • Individuals engaged with BRIGHT ORANGE FOUNDATION in any other capacity, including board members and trustees.

The policy applies to all BRIGHT ORANGE FOUNDATION offices, field locations, and operational areas, covering the following circumstances:

  • Work-Related Social Events: Including, but not limited to, team outings, office parties, seminars, workshops, or conferences organized by BRIGHT ORANGE FOUNDATION or in collaboration with partner organizations.
  • Official Travel or Transportation: This includes all instances of travel or transportation organized or sponsored by BRIGHT ORANGE FOUNDATION, whether within the country or internationally, including commuting between home and the workplace if transportation is provided by the organization.
  • Virtual and Digital Platforms: The policy also applies to virtual spaces and communications tools used for work purposes, such as:
    • Internal and external emails
    • Instant messaging platforms (e.g., Slack, WhatsApp)
    • Video conferencing platforms (e.g., Zoom, Google Meet)
    • Project management and collaboration tools (e.g., Trello, Microsoft Teams, Google Workspace)
    • Any other online platforms or communication channels provided by BRIGHT ORANGE FOUNDATION for professional interaction.
  • Third-Party Interactions: The policy extends to interactions with external stakeholders, including donors, partner organizations, vendors, contractors, and any other third parties while performing official duties or participating in BRIGHT ORANGE FOUNDATION events.
  • Off-Site Locations: This includes fieldwork, client offices, partner locations, or any other site where BRIGHT ORANGE FOUNDATION staff or associates may be present for official business, even if those locations are not owned or directly managed by BRIGHT ORANGE FOUNDATION.

In all these settings, BRIGHT ORANGE FOUNDATION expects the same professional standards and adherence to this policy to ensure a safe, respectful, and harassment-free environment for all individuals associated with the organization.

  1. Definitions

     To ensure clarity and understanding, the following terms are defined in the context of this policy:

  • Aggrieved Woman: Any woman, or person identifying as female, who alleges to have been subjected to sexual harassment, irrespective of their employment status (permanent, temporary, contractual, or volunteer).
  • Respondent: The individual against whom the complaint of sexual harassment is made.
  • Sexual Harassment: Any unwelcome act or behavior of a sexual nature, whether physical, verbal, or non-verbal, that violates the dignity of a person and creates an intimidating, hostile, or offensive work environment. This includes, but is not limited to:
    • Physical contact or advances
    • Demand or request for sexual favors
    • Sexually colored remarks, jokes, or comments
    • Showing or distributing pornographic content
    • Unwelcome sexual gestures or expressions
    • Verbal abuse of a sexual nature
    • Inappropriate questions about personal life or sexual preferences
    • Implicit or explicit promises of preferential treatment in exchange for sexual favors
    • Threats or consequences of adverse treatment if sexual advances are rejected
    • Creating an intimidating or offensive work environment by persistent unwanted behavior
  • Employee: Any individual employed at BRIGHT ORANGE FOUNDATION, whether on a regular, temporary, part-time, or contractual basis, including interns, volunteers, and those engaged through third-party contractors.
  • Workplace: The policy applies to all locations where BRIGHT ORANGE FOUNDATION operates or conducts its business, including:
    • BRIGHT ORANGE FOUNDATION’s office premises
    • Off-site locations where business or work is conducted
    • Official transportation services provided by BRIGHT ORANGE FOUNDATION
    • Digital platforms and virtual spaces used for work-related communication or collaboration
  • Internal Complaints Committee (ICC): A body constituted by BRIGHT ORANGE FOUNDATION in accordance with the Act to handle complaints of sexual harassment, investigate cases, and recommend actions based on their findings.
  • Victimization: Any form of retaliation against an aggrieved person, witness, or ICC member who has filed a complaint, given evidence, or participated in an inquiry related to sexual harassment.
  • Conciliation: A process where the aggrieved person and the respondent come to a mutual agreement to resolve the issue through discussion, facilitated by the ICC, without initiating a formal inquiry.
  1. Internal Complaints Committee (ICC)

BRIGHT ORANGE FOUNDATION will establish an Internal Complaints Committee (ICC) to address and redress complaints of sexual harassment in line with the Act. The composition of the ICC will be as follows:

  • Presiding Officer: A senior female employee of the organisation.
  • Members: At least two employees with expertise in women’s rights, law, or social work.
  • External Member: An individual from an NGO or a person with relevant experience in handling sexual harassment issues, external to BRIGHT ORANGE FOUNDATION.
  1. Meeting: Internal Committee

At least half of the ICC members must be women. The tenure of the committee members will be three years, and the committee shall meet quarterly. Emergency meetings will be called within two working days of receiving a complaint.

    1. The meeting of the Internal Complaint Committee shall be held once every quarter;
    2. The quorum for holding any meeting of the Internal Committee shall be more than half of the existing members, provided that in every meeting of the Internal Committee, the presence of the External Member is mandatory;
    3. Members shall be intimated of meetings and agenda in writing and/or by electronic communication by the Member Secretary at least two (2) days in advance;
    4. The PO shall call an emergency meeting within two working days of the receipt of a complaint of sexual harassment at the workplace; and
    5. Minutes of all meetings shall be recorded, confirmed and adopted. The PO shall circulate the minutes of a meeting and the resolutions so passed to all members of the Internal Committee within seven (7) days of the holding of the meeting or the passing of the resolution
  1. Cessation of Internal Committee Membership
  1. If any member of the Internal Committee, who is in employment of BRIGHT ORANGE FOUNDATION, leaves the employment or is discharged, dismissed, terminated or suspended from his or her services, then she/he will automatically cease to be the member of the Internal Committee;
  1. The Employer shall appoint another person as Member of the Internal Committee in place of such Member within 10 (ten) days from the date of cessation of his/her membership.
  2. Where the PO or any member of the Internal Committee: –
      1. contravenes the provisions of Clause O of this Policy; or
      2. has been convicted for an offence or an inquiry into an offence under any law for the time
      3. being in force is pending against him/her; or
      4. has been found guilty in any disciplinary proceedings or a disciplinary proceeding is pending against him/her; or
      5. has abused his/her position as to render his/her continuance in office prejudicial to the public interest.

such PO or the Member, as the case may be, shall be removed from the Internal Committee and the vacancy so created or any fresh vacancy shall be filled by fresh nomination by the Employer within 10  days from the date of cessation of his/her membership.

  1. Complaint Lodging Process

Any aggrieved person can submit a complaint under the following procedures:

  • Submission: The complaint should be made in writing and submitted to any member of the ICC within three months of the incident. In the case of a series of incidents, the complaint must be filed within three months of the last occurrence. Extensions may be granted in exceptional circumstances.
    • Assistance: If the complainant is unable to file the complaint in writing due to physical or mental incapacity, assistance will be provided by the ICC.
  • Anonymous Complaints: BRIGHT ORANGE FOUNDATION does not encourage anonymous complaints but will offer support in drafting valid complaints in collaboration with legal advisors.
  • Receipt of Complaint: The ICC will share the complaint with the respondent within seven working days, and the respondent must submit a written response, including evidence and witness lists, within 10 working days.
  1. Inquiry Process

The ICC will conduct a thorough and confidential inquiry, adhering to principles of natural justice and fairness. The inquiry must be completed within 90 days from the date of receiving the complaint. The process includes:

  • Opportunity to Be Heard: Both parties will have the opportunity to present their case, submit evidence, and call witnesses.
  • Cross-examination: Cross-examination of witnesses may be permitted as necessary

Inquiry Timeline: The ICC will issue its findings to both parties within 90 days, along with recommendations for action based on the outcome.

  1. Interim Relief Measures

The ICC may recommend interim relief for the complainant, including:

  • Transfer: Either the complainant or respondent may be transferred to a different department or role.
  • Leave: The complainant may be granted paid leave for up to three months.
  • Supervision Restrictions: The respondent may be restricted from overseeing or reviewing the work of the complainant during the inquiry process.
  1. Conciliation

At the request of the complainant, the ICC may attempt conciliation before initiating a formal inquiry. No monetary settlement shall be part of this conciliation. If successful, no further inquiry is needed. Should the conciliation terms be violated, the ICC will proceed with the inquiry.

  1. Post-Inquiry Recommendations

Upon concluding the inquiry, the ICC will submit its findings to the employer. The following actions may be recommended:

  • No Misconduct Found: If the allegations are not substantiated, no action will be taken against the respondent.
  • Misconduct Found: If sexual harassment is proven, the ICC may recommend disciplinary actions, which may include:
  • Minor Penalties: Verbal or written warnings, formal apologies, withholding promotions, or suspension.
  • Major Penalties: Demotion, compulsory retirement, or dismissal from employment.

The employer must act on the ICC’s recommendations within 60 days.

  1. False Complaints

BRIGHT ORANGE FOUNDATION is committed to ensuring a fair and impartial process for addressing complaints of sexual harassment. While the organization encourages individuals to come forward with genuine concerns, it also recognizes the need to protect against false or malicious complaints. The following principles will guide the handling of such situations:

  • Determination of Malicious Intent: If, after a thorough investigation, the Internal Complaints Committee (ICC) concludes that a complaint was deliberately false, malicious, or filed with wrongful intent, it may recommend appropriate disciplinary action against the complainant. This may include warnings, reprimands, or other actions, in line with BRIGHT ORANGE FOUNDATION’s disciplinary procedures.
  • No Automatic Presumption of Falsehood: It is important to note that the mere inability to substantiate a complaint or provide sufficient evidence does not, by itself, indicate that the complaint was false. The absence of proof or the inability to establish wrongdoing does not imply malicious intent. The ICC must carefully assess the facts and motives before concluding that a complaint was filed with dishonest or ill-intentioned motives.
  • Safeguards for Complainants: BRIGHT ORANGE FOUNDATION will ensure that individuals who file complaints in good faith are protected from retaliation or punitive actions, even if their complaints are not proven. Any act of victimization against a complainant for filing a complaint will itself be treated as misconduct, and appropriate actions will be taken against the person(s) responsible.
  • Encouragement of Genuine Complaints: The organization continues to encourage anyone facing harassment to come forward without fear of reprisal, emphasizing that the policy exists to protect victims of harassment while also upholding standards of integrity and honesty in the process.
  1. Employer Obligations

BRIGHT ORANGE FOUNDATION is committed to creating and maintaining a safe, inclusive, and harassment-free work environment for all individuals associated with the organization. To uphold this commitment, the following obligations will be met:

  • Providing a Safe, Harassment-Free Work Environment: The organization will actively foster a respectful workplace culture by establishing clear policies, promoting gender sensitivity, and ensuring that all employees, contractors, volunteers, and associated personnel are aware of their rights and responsibilities under this policy.
  • Displaying ICC Details and Consequences of Sexual Harassment: BRIGHT ORANGE FOUNDATION will prominently display information regarding the Internal Complaints Committee (ICC), including the names and contact details of its members, as well as the procedures for filing complaints. This information will be made available in all offices and operational areas, ensuring visibility and accessibility to all employees. Additionally, the potential consequences of sexual harassment, as outlined in this policy, will be displayed to reinforce the organization’s zero-tolerance stance.
  • Conducting Workshops and Awareness Programs: Regular training sessions, workshops, and awareness programs will be conducted to educate employees and other associates on the prevention of sexual harassment. These sessions will include:
    • Orientation on the organization’s Sexual Harassment Policy.
    • Information on identifying inappropriate behavior and reporting mechanisms.
    • Gender sensitivity training to promote respect and equality within the workplace.
    • Practical exercises on building a supportive and inclusive work culture.
  • Assisting Complainants in Filing Complaints with External Authorities: In cases where a complainant wishes to pursue legal or external recourse, BRIGHT ORANGE FOUNDATION will provide necessary support, including assistance in filing complaints with law enforcement or relevant government bodies. The organization will also facilitate access to counselling, legal advice, or other external services if needed, ensuring that complainants have the resources they require to navigate the process.
  1. Confidentiality

BRIGHT ORANGE FOUNDATION will ensure that all complaints are handled with the highest degree of confidentiality. Measures will also be taken to protect complainants and witnesses from any form of retaliation or victimization during and after the resolution process.

  1. Compensation

If the respondent is found guilty of sexual harassment, the ICC may recommend compensation for the aggrieved person. Factors considered in determining compensation include:

  • Emotional and Mental Trauma: Addressing any psychological harm caused by the harassment.
  • Loss of Professional Opportunities: Compensation for missed promotions, job loss, or any negative professional impact.
  • Medical Costs: Reimbursement for any medical or psychological treatment related to the harassment.
  • Financial Status of the Respondent: The respondent’s ability to pay will be considered to ensure fairness.
  1. Appeals
    Both the complainant and the respondent have the right to appeal the ICC’s findings or the actions taken by the employer. Appeals must be filed in a court of law or tribunal within 90 days of the final decision. The grounds for appeal may include dissatisfaction with the investigation, the outcome, or the disciplinary actions recommended.
  2. Legal Compliance
    This policy adheres to the Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act, 2013, as well as any other applicable legal provisions. BRIGHT ORANGE FOUNDATION commits to regular updates to the policy to ensure compliance with changes in the law.
  1. Monitoring and Evaluation

To ensure the effectiveness and relevance of this policy, Bright Orange Foundation will implement the following monitoring and evaluation measures:

  • Annual Review: The policy will be reviewed annually by the ICC to assess its effectiveness in preventing and addressing sexual harassment. Recommendations for updates or changes will be made based on feedback and emerging best practices.
  • Data Collection: The ICC will maintain detailed records of complaints, including the nature of the incidents, outcomes, and any patterns observed. This data will be analysed annually to identify trends and inform future training and prevention strategies.

Employee Surveys: Regular anonymous surveys will be conducted to gauge employee awareness of the policy, their comfort in reporting incidents, and their perceptions of the workplace environment. Feedback from these surveys will be used to refine training and communication efforts.

  1. Annual Report
    The ICC will prepare and submit an annual report to both the HR department of BRIGHT ORANGE FOUNDATION and the District Officer. The report will include:
  • The number of complaints received during the year
  • The number of cases resolved
  • Any pending cases and their status
    This report ensures transparency and compliance with legal reporting requirements.

ANNUAL REPORT under Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act, 2013

Sl.

No

Particulars

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 90 days

4

Number of workshops or awareness program against sexual harassment carried out

5

Nature of action taken

Internal Complaint Committee

Name

Contact Details

Designation

M/s Brij bala

92892010148, [email protected]

Member

Mr. Mohit Kumar

9650508852, [email protected]

Member

M/s Kamlesh Kathait

9810762057, [email protected]

Member

M/s Pooja Rani

8810381683, [email protected]

Member

Mr. Neeraj Kumar

8368843871, [email protected]

Member Secretary

Roki Kumar

9467730695,[email protected]

NGO, External Member