The National Law University, Delhi (NLU Delhi) has been established with a mandate to transform and redefine the process of legal education. Dynamic in vision and robust in commitment, the University in a very short span of time has shown terrific promise to become a world class institution. In the NIRF Rankings 2018, NLU Delhi has been ranked as second-best law school in the country with a score of 74.58 out of 100.
NLUD has been accredited with ‘A’ Grade by NAAC with a benchmark CGPA of 3.59 on a 4-point scale. We have also been granted CAT-1 status by MHRD for graded autonomy and rank 2 in Delhi and 8 in the country as per the NAAC score. These excellent ratings by esteemed Government agencies not only place NLU Delhi amongst few of the top institutions in the country imparting quality legal education but are a reflection at the excellent academic environment and governance at the University for teaching & research.
The primary objective of the University is to evolve and impart comprehensive and interdisciplinary legal education that is socially relevant. Through this education, we aim to promote legal and ethical values and foster the rule of law and the objectives enshrined in the Constitution of India. Furthermore, the University works toward dissemination of legal knowledge and its role in national development, so that the ability to analyse and present contemporary issues of public concern and their legal implications for the benefit of the public is improved. These processes strive to promote legal awareness in the community and to achieve political, social and economic justice.
About National Academy of Law Teachers (NALT)
NLUD has established National Academy of Law Teachers (NALT) to improve quality of teaching and research in Law and other Social Sciences. The NALT, since its inception, has been promoting and protecting teaching-learning methodology for the purposes of training/grooming faculty members for the quality teaching, research and curriculum development across the nation. Keeping in view the Charter of objectives of the NALT sought to be achieved, the NALT has been organising orientation, refresher and capacity building programmes for teachers on law and social sciences courses involving professionals/ experts from India and Abroad.
NLUD has been empanelled as a resource organisation to conduct workshops or training on the Sexual Harassment of Women at workplace (Prevention, Prohibition, and Redressal) Act, 2013 by the Ministry of Women and Child Development, Government of India. The University has in-house expertise for conducting such training and workshops. On 6th and 7th October, 2018 one such Training workshop on Sexual Harassment of Women at Workplace (Prevention, Prohibition & Redressal) Act, 2013 with special emphasis on the working of Internal Complaints Committees (ICCs) and Local Complaints Committees (LCCs) was conducted under the aegis of National Academy of Law Teachers (NALT) at National Law University, Delhi.
About the Workshop:
The purpose of the workshop was to bring together a variety of stakeholders like Internal Complaints Committees (ICCs) and Local Complaints Committees (LCCs) members from all over India. Around 60 delegates representing 14 states from all over India and 30 academic & other institutions participated. The resource persons were invited from academia, industry as well as Delhi State Legal Services Authority (DSLSA).
The objectives of the workshop were:
to appraise the participants of the issue of the workplace sexual harassment of women,
to impart working knowledge of the Sexual Harassment Act, 2013,
to help them to understand the legal position on the topic and how to handle sexual harassment complaints.
to make them understand the constitution and functioning of ICCs and LCCs,
to detail the procedure to be followed by ICCs and LCCs while handling such complaints (special emphasis),
to enable the various Government as well as Private sector officials understand the mandatory provisions of the Sexual Harassment Act so as to maintain a positive work environment at work places and in the society.
The agenda began with the brief about the training workshop from Prof. (Dr.) Ritu Gupta, National Law University, Delhi. She discussed the recent news in the media on this issue and acknowledged the support from National Human Rights Commission & Ministry of Women & Child Development, Government of India. The Presidential address was given by Prof. (Dr.) Ranbir Singh, Hon’ble Vice Chancellor, National Law University Delhi. The key note address was given by Ms. Jyoti Kalra, Member, NHRC wherein she expressed her concern on the issue. Ms Kalra also discussed the initiatives of NHRC and appreciated the work being done by University in terms of research and organising such meaningful training workshops. Ms Shipra Roy shared the vision of the ministry in her brief address.
The Vote of thanks was given by Prof. (Dr.) G.S. Bajpai, Registrar, NLUD who discussed the importance of the workshop not only in terms of training about the procedure to be followed but in creating victim friendly approach while handling such issues.
The first training session began with Ms. Jyotica Bhasin, from Bhasin & Bhasin Associates. She is a practicing lawyer who has worked with several NGOs especially in reference to employment laws, women rights, disciplinary and discrimination issues and prevention of sexual harassment (POSH) of women at workplace with expertise in conducting domestic enquiries and internal investigations for over 20 years.
Ms Bhasin is presently on the ICCs of several companies. Various important provision of the Sexual Harassment of Women at Workplace (Prevention, Prohibition & Redressal) Act, 2013 were discussed in detail with the participants in this session including:
The definition of sexual harassment,
definition of workplace which also includes “workplace in time and space”,
quid pro quo and hostile work environment,
what is ICC and LCC,
limitation period as stated in the Act
that the complaint has to be in writing with all the details of date, time and number of incidents occurred should also be mentioned properly in the complaint
that the settlement reached by ICC should also be in recorded in writing.
That the emphasis should be on maintaining the confidentiality of the complainant and the defendant.
The next session was conducted by Ms. Shipra Roy, Deputy Secretary, Ministry of Women & Child Development, Government of India. She is a post graduate in Economics from Delhi School of Economics and holds experience in social sector. She had been working in Ministry of Rural Development and Ministry of Agriculture. Presently, she is working with Ministry of Women & Child Development since 2013. She had been involved with various initiatives for protection of women from sexual harassment at workplace as within the government machinery. The government initiative “SHe- box” was discussed in detail with the participants in this session. It is an online complaint management system — ‘SHe-box’ (sexual harassment electronic box) which is hosted on the website of the Women and Child Development Ministry. This initiative by the government also seeks to ensure “effective implementation” of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013.
Once a complaint is submitted to the ‘SHe-Box’, it will be directly sent to the internal complaints committee (ICC) of the ministry/department/PSU/autonomous body etc concerned, having jurisdiction to inquire into the matter.The ICC will take action as prescribed under the Act and update the status of the complaint. The portal is also an effort to provide “speedier remedy” to women facing sexual harassment at the workplace, as envisaged under the sexual harassment Act. There have been 255 complaints received through “SHe-box” in the one year of its establishment.
Ms. Shipra also emphasised on the fact that the environment of one’s workplace should be encouraging and supportive when it comes to reporting of incidents of sexual harassment at workplace. There is a need to create awareness and sensitisation programmes should be conducted within the organisation. When ICC fails to do its job, the Ministry may ask for reports of the cases which came through “She-box” or complaints which came through other means.
The last session of the first day of the workshop was conducted by Prof. (Dr.) Ritu Gupta, National Law University, Delhi. She is an expert in commercial and business laws and has teaching experience of 18 years. She is an expert on sexual harassment at workplace laws and has trained officials at government and non-governmental offices including Delhi Judicial Academy, Union Territory Civil Services etc. She explained various provisions of the Sexual Harassment of Women at Workplace (Prevention, Prohibition & Redressal) Act, 2013 in great detail. The tenure of the ICC is limited to 3 years. The provisions relating to District Officer u/s 5, LCC u/s 6 and filing of complaint u/s 7 were discussed.
In case of a death of the victim, legal heirs can pursue the case on behalf of the deceased victim. Section 10 and 11 of the Sexual Harassment of Women at Workplace (Prevention, Prohibition & Redressal) Act, 2013 which states about conciliation and enquiry into the complaint was also discussed in detail. A brief of UGC guidelines regarding Sexual Harassment of Women at Workplace (Prevention, Prohibition & Redressal) Act, 2013 was also given in the last session of the first date as it was to be discussed in depth the next day of the training session.
The second day of the training session was held on 07.10.18 and the resource person was Prof. (Dr.) Vibha Tandon, Jawaharlal Nehru University (JNU), Delhi. She is a Professor at Special Centre for Molecular Medicine at JNU, Delhi. She has been recipient of various fellowships including the Fullbright Senior Research Fellowship and DAAD Fellowship. She has three books published in her name in molecular modelling. Apart from her tremendous work in molecular medicines and medicinal chemistry, she has been involved with functioning of the ICC at the institutions she has worked with. She is currently the Chairperson of ICC at Jawaharlal Nehru University (JNU), Delhi.
Prof. (Dr.) Vibha Tandon discussed in great detail the UGC guidelines regarding Sexual Harassment of Women at Workplace (Prevention, Prohibition & Redressal) Act, 2013. As per her experience she stated that in the first time itself when the complaint is received by the ICC it should be complete and with proper date and time mentioned. ICC members should never propose reconciliation themselves. The ICC members should take it in writing if the parties are going for reconciliation. Student members of the ICC are selected through the process of election for a period of one year. It was also discussed that no videotaping of ICC proceedings should be allowed as nothing relating to this is mentioned in the Act, 2013 or the UGC guidelines. The various forms used by the JNU in matters of sexual harassment of workplace which they have formed on the guidelines of UGC and Sexual Harassment of Women at Workplace (Prevention, Prohibition & Redressal) Act, 2013 were also discussed and shared with the participants in the session. All these forms are available on JNU’s website.
The last session of the workshop was conducted by Ms. Geetanjali Goel, ADJ, Special Secretary, Delhi State Legal Services Authority and Dr Hardeep Kaur, Additional District & Sessions Judge, Delhi. Ms. Geetanjali Goel is an Additional and Sessions Judge. Apart from her experience at courts, she is presently working as Special Secretary, Delhi State Legal Services Authority. She has been involved with Plan India, Plan for every Child initiative. She has undertaken various initiatives for sensitisation of the staff and volunteers within the judiciary in the issue of sexual harassment.
Dr. Hardeep Kaur, AD&SJ is the Chairperson of ICC of District Shahadara and she shared the dias with Ms Goel in the last session of the training workshop. The session was more of question and answers sessions in which all the queries of the participants were answered by the resource persons. Various definitions of the Act were also discussed.
The two day training workshop on Sexual Harassment of Women at Workplace (Prevention, Prohibition & Redressal) Act, 2013. With special emphasis on the working of Internal Complaints Committees (ICCs) and Local Complaints Committees (LCCs) got concluded successfully with distribution of certificates by the guests to all the participants. Prof. (Dr.) Ritu Gupta appreciated the inputs from the participants as well as the resource persons and announced to launch next advance training workshop soon. She thanked the delegates for making it such a successful event by their participation.