Question 1

Scope of the POSH Policy

Accepted Answer

NGU, YS, SPRD & GWF (“Company”) are equal employment opportunity companies, and we are committed to creating a healthy working environment that enables employees to work without fear of prejudice, gender bias and sexual harassment.

The Company also believes that all employees of the Company have the right to be treated with dignity. Sexual harassment at the workplace [workplace as defined under the Sexual Harassment of Women at Workplace (Prevention, Prohibition & Redressal) Act, 2013] (hereinafter referred to as “The Act”) is a grave offence and is, therefore, punishable.

The Company is dedicated to providing its employees with a safe and supportive workplace that values diversity and respects the contributions of people of all genders and sexual orientations. This Policy extends to all employees of every gender of the Company including any associate engaged on a fixed-term contract, temporary / short-term contract, probationer, trainee and apprentice deployed in the ‘Workplaces’ of the company and is deemed to be incorporated in the service conditions of all employees / contractual staff concerned and comes into effect immediately.

This Policy shall be governed by “The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013” and in case of discrepancy between the said Act and this Policy, the said Act will prevail.

Question 2

What Constitutes to Sexual Harassment at Work?

Accepted Answer

Sexual harassment includes any one or more of the following unwelcome acts or behaviours (whether directly or by implication) namely:

• Physical contact and advances; or
 • A demand or request for sexual favours; or
 • Making sexually coloured remarks; or
 • Showing pornography or the likes; or
 • Requesting to socialise repeatedly duty off-duty hours or expressing sexual attraction against a person’s will; or
 • Giving gifts or leaving objects that are sexually suggestive; or
 • Physical contact and advances such as touching, stalking, sounds which have explicit and / or implicit sexual connotation / overtones, molestation; or
 • Eve teasing, innuendos and taunts, physical confinement against one’s will or any such act likely to intrude upon one’s privacy; or
    • Display of pictures, signs etc. with a sexual nature / connotation / overtone in the work area and work-related areas; or
    • Persistent watching, following, and contacting of a person; or
    • Any other unwelcome physical, verbal or non-verbal conduct of a sexual nature, implicit or explicit.

An alleged act of sexual harassment committed during or outside of office hours falls under the purview of this Policy.

The following circumstances, among other circumstances, if it occurs or is present in relation to or connected with any act or behaviour of sexual harassment may amount to sexual harassment:

• Implied or explicit promise of preferential treatment in employment; or
 • Implied or explicit threat of detrimental treatment in employment; or
 • Implied or explicit threat about present or future employment status; or
 • Interference with the work or creating an intimidating or offensive or hostile working environment for the employee / contractual / temporary staff; or
 • Humiliating treatment likely to affect the health or safety of the concerned employee / contractual / temporary staff.
 • The reasonable person standard is used to determine whether or not the conduct was offensive and what a reasonable person would have done. Further, it is important to note that whether harassment has occurred or not, does not depend on the intention of the people but on the experience of the aggrieved Complainant.

Question 3

Who Looks into Complaints?

Accepted Answer

The Internal Complaints Committee (ICC/Committee)

An ICC has been constituted by the Management to consider and redress complaints.

Members of the Internal Complaints Committee across companies include (in alphabetical order):

Mr. Abhishek Hawal [Associate Director | Business Growth] 
Email ID: abhishek@willnevergrowup.com (abhishek@willnevergrowup.com)

Mr. Angad Saimbi [Associate Director | Business Growth]
Email ID: angad@itsyellowseed.com (angad@itsyellowseed.com)

Ms. Akhila Nair [Sr. Content Manager]
Email ID: akhila@willnevergrowup.com (akhila@willnevergrowup.com)

Ms. Ankita Paul [Senior Graphics Design Manager]
Email ID: ankita@itsyellowseed.com (ankita@itsyellowseed.com)

Ms. Nikita Tilwani [Lawyer, Specialising in Human rights and Advisor on Sexual Harassment at the Workplace] who can be contacted via email at tilwani.nikita@gmail.com (tilwani.nikita@gmail.com)

Ms. Sneha Shivarajan [Research & Development Manager]
Email ID: snehashivarajan@willnevergrowup.com (snehashivarajan@willnevergrowup.com)

In the event a complaint has been initiated against any member of the ICC, the defaulting member shall not be permitted to constitute the Committee. In case of such a scenario, Ms. Bansi Mehta [Counsellor] will substitute the defaulting member who can be contacted via email on bansi@willnevergrowup.com ( bansi@willnevergrowup.com)

Question 4

How Can I File a Complaint?

Accepted Answer

Any aggrieved person (Complainant*) may make, in writing, a complaint of sexual harassment at the workplace along with any documentary evidence available or names of witnesses to the Presiding Officer of the Committee or to any other member of the ICC mentioned above in writing, within a period of three months from the date of incident & in case of a series of incidents, within a period of three months from the date of last incident.

*It is not required that the aggrieved Complainant be an employee of the Company in order to file a complaint under the existing Policy. The current Policy covers anyone who comes into the offices of the Company or interacts with the staff there for business-related reasons. In addition, the current Policy will cover such an individual for protection.
This complaint may be filed online with asif@willnevergrowup.com (asif@willnevergrowup.com)or by logging on to www.ourway.rocks (http://www.ourway.rocks/)and clicking on the appropriate tab; The Complainant may also provide the complaint in writing and sign the same and send the scanned copy of the complaint to the aforesaid designated email address for this purpose.

Question 5

Can Anyone Else File the Complaint on Behalf of the Aggrieved?

Accepted Answer

Provided that where such a complaint cannot be made in writing, the Presiding Officer or any other member of ICC shall render all reasonable assistance to the aggrieved Complainant for making the complaint in writing.
If the aggrieved person is unable to lodge the complaint in account of their mental incapacity, the following may do so on their behalf, with their written consent:
 • Legal heir, relative or friend; or
 • A special educator; or
 • A qualified psychiatrist or psychologist; or
 • The guardian or authority under whose care they are receiving treatment or care; or
 • Any person having the knowledge of the incident jointly with the aggrieved Complainant’s relative or friend or a special educator or qualified psychiatrist or psychologist, or guardian or authority under whose care they are receiving treatment or care.
If the aggrieved person is unable to lodge the complaint in account of their physical incapacity, the following may do so on their behalf, with their written consent:

• Legal heir, relative or friend;
 • Co-worker;
 • Any person having the knowledge of the incident, with the written consent of the aggrieved Complainant.

If the aggrieved Complaint 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 aggrieved 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.
If the initial complaint is made to a person other than a committee member, upon receiving such a complaint, it will be the responsibility of the complaint receiver to report the same to the committee immediately.

Question 6

What Happens Once I File a Complaint?

Accepted Answer

• At the first meeting, the ICC shall hear the Complainant and record the allegations. The Complainant can also submit any corroborative material with a documentary proof, oral or written material, name of witnesses etc., to substantiate the complaint. If the Complainant does not wish to depose personally due to the embarrassment of narration of the event, a lady employee / any person acceptable to the Complainant, shall assist the Complainant to record the statement.
 • The ICC may, before initiating an inquiry and at the written request of the aggrieved Complainant, offer the option of conciliation to both parties. No monetary settlement shall be made as a basis of conciliation. The respondent's apology, the respondent's agreement to participate in gender sensitisation and related training, or any other agreed upon settlement could be considered a settlement. In the event that a settlement is reached, the ICC will make a note of the terms of the settlement and provide them to the company so that they can implement the recommendation.
 • If either party is unwilling to participate in conciliation, the Committee will commence an investigation into the complaint.
 • The Committee will appoint one conciliator in the event of conciliation.
 • To accelerate the conciliation, the conciliator must provide a report to the Committee within 30 days of the Committee appointing the conciliator.
 • Should the report be late, the Committee may hold a meeting to decide whether to continue the conciliation process by allowing further time not exceeding 30 days, or to launch an investigation if it appears that the conciliator is making little or no progress.
 • During the pendency of an inquiry, on a written request made by the aggrieved Complainant, ICC may recommend to: -
    • Transfer the aggrieved Complainant or the respondent to another cCompany / Department; or
    • Grant leave / such other relief to the aggrieved Complainant up to a period of three months as provided under the Act; or
    • Restrain the respondent from reporting on the work performance of the aggrieved Complainant or writing their confidential report and assign the same to another officer;
    • Leave granted to the aggrieved Complainant shall be in addition to the leave they would be otherwise entitled to.
    • On receiving a recommendation from the ICC, the Company shall implement the recommendations and send a report of such implementation to the ICC.

Question 7

Inquiry & Redressal Process

Accepted Answer

• The ICC shall immediately proceed with the inquiry and communicate the same to the Complainant and the person against whom the complaint is made.
 • The ICC shall send one of the copies received from the aggrieved Complainant to the respondent within a period of seven working days.
 • The  ICC shall prepare and hand over the statement of allegation to the respondent and give them an opportunity to submit a written explanation if they so desire within 7 days of receipt of the same.
 • The ICC shall have the right to terminate the inquiry proceedings or to give an ex-parte decision on the complaint, if the Complainant or respondent fails, without sufficient cause, to present themselves, for three consecutive hearings convened by the Presiding Officer. Provided that such termination or ex-parte order may not be passed without giving a notice in writing, fifteen days in advance, to the party concerned.
 • The Complainant shall be provided with a copy of the written explanation submitted by the respondent.
 • If the Complainant or the respondent desires any witness/es to be called, they shall communicate in writing to the Committee the names of witness/es whom they propose to call.
 • The Committee shall call upon all witnesses mentioned by both the parties.
 • The Committee shall provide every reasonable opportunity to the Complainant and to the respondent,  for putting forward and defending their respective case.
 • The aggrieved Complainant and respondent shall not be allowed to bring any legal practitioner to represent them in their case at any stage of the proceedings before the Committee. However, they may be accompanied by a colleague for psychological or emotional support. Such colleagues will not be permitted to speak at or otherwise interfere with the proceedings of the Committee.
 • All colleagues and witnesses who are part of the Committee proceedings will need to sign a confidentiality agreement.
 • The Committee shall complete the ‘Enquiry’ within a reasonable period but not beyond two months.
 • On completion of an Inquiry, the ICC shall provide a report of its findings within a period of ten days from the date of completion of the inquiry and such report shall be made available to the concerned parties.
 • The report of the Committee shall be treated as an inquiry report on the basis of which an erring employee can be awarded appropriate punishment.
 • Where the ICC arrives at the conclusion that the allegation against the respondent has not been proved, it shall recommend that no action is required to be taken in the matter.

Question 8

What Happens If the Allegations Are Proved?

Accepted Answer

Where the ICC arrives at the conclusion that the allegation against the respondent has been proved it shall recommend:

• A written apology from the respondent;
 • A letter of warning may be placed in the personal file of the respondent;
 • Reprimand or censure;
 • Immediate transfer or suspension without pay;
 • Termination from service;
 • Withholding of pay rise or increments;
 • Undergoing a counselling session;
 • Carrying out community service;
 • Register an FIR against the respondent in case the act alleged, prima facie constitutes an offence under the Indian Penal Code;
 • Deduction from the salary or wages of the respondent such sum as it may consider appropriate to be paid to the aggrieved Complainant or to their legal heirs.

Question 9

ICC's Role & Responsibilities

Accepted Answer

• ICC members will be fair while making the assessment of the situation, investigation and giving the verdict.
 • The Committee will maintain a register to endorse the complaint received by it and keep the contents confidential if it is so desired, except to use the same for discreet investigation.
 • The  Committee will hold a meeting with the Complainant within five days of the receipt of the written complaint, but no later than a week in any case.
 • Inform the parties involved in the inquiry proceedings well in time and in writing.
 • The Committee will follow the principles of natural justice and treat the Complainant, respondent, witnesses and related person to the inquiry with dignity and respect.
 • In the event, that the complaint does not fall under the purview of Sexual Harassment or the complaint does not mean an offence of Sexual Harassment, the same would be communicated to both parties after recording the reasons thereof.
 • In case the ICC Committee finds the degree of offence coverable under the Indian Penal Code, then this fact shall be mentioned in its report and appropriate action shall be recommended by the ICC, for lodging a Police Complaint.
 • Where the ICC arrives at the conclusion that the allegation against the respondent is malicious or the aggrieved Complainant has made the complaint knowing it to be false or the Complainant or any other person making the complaint has produced any forged or misleading document/ evidence, it may recommend to the management to take action against the Complainant. Do note that the inability to substantiate a complaint or provide adequate proof would not attract action against the complainant as provided under the said Act.
 • In case the complaint is found to be true, disciplinary action as advised by the ICC will be taken against the defaulting member. This may include a fine or immediate termination sans any arrears and/or reporting the incident to concerned authorities in case of extreme cases.
The decision in this regard of the ICC arrived after deliberation would be final & binding on the Complainant.

Question 10

Confidentiality & Protection Against Retaliation

Accepted Answer

All information received shall be kept confidential. Any person (including witnesses) who breaches confidentiality shall be subject to disciplinary action initiated by the ICC as soon as the said Committee receives knowledge of such violation.
 • Regardless of the outcome of the complaint made in good faith, the Complainant and any person providing information or any witness will be protected from any form of retaliation. While dealing with complaints of sexual harassment, the ICC shall ensure that the Complainant or the witness are not victimised or discriminated against by the accused.
 • Any unwarranted pressures, retaliatory or any other type of unethical behaviour from the alleged accused against the Complainant while the investigation is in progress should be reported by the Complainant to the ICC as soon as possible. Disciplinary action will be taken by the ICC against any such complaints which are found genuine.

The Management reserves the right to add, alter, amend, modify, cancel and replace all or any other provisions of this Policy.

Question 11

Myths & Facts

Accepted Answer

Myth: Sexual harassment is harmless flirtation; anyone who objects has no sense of humour.
Fact: Behaviour that is unwelcome cannot be considered harmless or funny.
Sexual harassment is defined by its impact on the harassed and their work environment, and it is up to you to define those boundaries.

Myth: Only physical abuse is considered as sexual harassment.
Fact: Showing sexually degrading photos, unwanted touches like groping, sexual comments, and directly or indirectly asking for sexual favours is also considered as sexual harassment

Myth: Only men sexually harass women; Sexual harassment is only a woman’s problem.
Fact: As a Company, we believe that people of any and all genders can be abused. Hence, we extend this policy for any kind of sexual harassment that has been committed against men, women and people of all sexual orientations. Sometimes, it has also been used as a ‘false tool’ to malign reputations. Hence, any person, irrespective of their gender, if sexually abused, can lodge a complaint in the manner as given below. We encourage people to stand up and fight against sexual harassment without any hesitation whatsoever.

Myth: Sexual harassment is only done by a person at a higher or senior post to a junior
Fact: It is seen across different positions, among equals, cases of juniors harassing seniors also exist, even with clients that you may be working with. And no matter what position, we as a company believe that it should be reported.

Myth: Physical abuse, use of cuss words, and all sexually coloured jokes or comments, constitute sexual harassment.
Fact: This policy only extends to redress sexual harassment. Any act of any person which is done with the intent to sexually harass any person constitutes sexual harassment. It is important for the act to be of a sexual nature. The details of what kinds of acts constitute the offence of sexual harassment have been given in detail below. It is important to understand that all cuss words or sexually coloured jokes or remarks do not constitute harassment. When such words, remarks or jokes are made, it is important to see the facts and circumstances with which those words were spoken, remarks were made or jokes were cracked. It is also important to understand the intent of the person making such jokes, remarks or using cuss words and also the impact it had on the person being addressed.

Myth: People provoke sexual harassment by the way they behave; decent people do not get sexually harassed. It must be their fault.
Fact: This is a common way of shifting the blame from the harasser (perpetrator) to the harassed (victim). Everyone has the right and freedom to act, dress and move around freely. It is never the victim’s fault.

Myth: If you ignore sexual harassment and don’t report it, it will go away.
Fact: Sexual harassment will not simply go away if you ignore it. Research has shown that simply ignoring the behaviour is ineffective; harassers [also defined as pond scum] generally will not stop of their own accord. When sexual harassment is ignored or not reported, it is often interpreted as a sign of approval or consent. You have to know and be aware of what makes you uncomfortable.

Myth: The victim of sexual harassment will have to undergo a tedious process and embarrassment if they complain against the harasser. The victim will not be believed and no action will be taken, so no point in complaining
Fact: As a Company, we undertake that the victim’s complaint will be kept confidential. Their identity and the events of sexual harassment or abuse will not be revealed by the members of the Company to any other employee in the Company or outside the Company under any circumstances. We also undertake that as a Company we will accept a victim-friendly approach towards any complaint received by us of sexual harassment. If the victim wants some other person in whom they trust to be there with them during redressal of the complaint, they can choose the said person. The Company will not object to the same.