ANTI- SEXUAL HARASSMENT POLICY

POLICY: Company aims to provide a safe working environment and prohibits any form of sexual harassment.
Hence any act of sexual harassment or related retaliation against or by any associate/employee is unacceptable.
This policy therefore, intends to prohibit such occurrences and also details procedures to be followed when an
associate/employee believes that a violation of the policy has occurred within the ambit of all applicable regulations
regarding Sexual Harassment.

Making a false complaint of sexual harassment or providing false information regarding a complaint will also be
treated as violation of policy.

Violation of this policy will call for strict disciplinary action and may include termination as well.

PURPOSE:
To establish that inappropriate behavior of a sexual nature, and / or retaliation will not be tolerated at company and
to set forth procedures for resolving such allegations.

To effectively implement the guidelines issued by the Hon’ble Supreme Court of India in Vishaka v. State of
Rajasthan W.P. (Crl.) Nos. 666-70 of 1992, decided on 13.08.1997 and reported in (1997) 6 SCC 241
[“Guidelines”], and the Anti Sexual Harassment Policy of MBL [“Policy”]

SCOPE AND EFFECTIVE DATE:

This Policy extends to all employees of the Company and is deemed to be incorporated in the service conditions of
all employees and comes into effect immediately.
Sexual harassment would mean and include any of the following:
· Physical contact and advances;
· A demand or request for sexual favours;
· Sexually colored remarks;
· Showing pornography;
· Any other unwelcome physical, verbal or non-verbal conduct of sexual nature.
· Unwelcome sexual advances, requests or demand for sexual favours, either explicitly or implicitly, in return
for employment, promotion, examination or evaluation of a person towards any company activity;
· Unwelcome sexual advances involving verbal, non-verbal, or physical conduct such as sexually colored
remarks, jokes, letters, phone calls, e-mail, gestures, showing of pornography, lurid stares, physical contact
or molestation, stalking, sounds, display of pictures, signs, verbal or non-verbal communication which
offends the individuals sensibilities and affect her/his performance;
· Eve teasing, innuendos and taunts, physical confinement against one’s will and likely to intrude upon one’s
privacy;

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 · Act or conduct by a person in authority which creates the environment at workplace hostile or intimidating
to a person belonging to the other sex;
· Conduct of such an act at work place or outside in relation to an Employee of MBL or vice versa during the
course of employment; or
· Any unwelcome gesture by an employee having sexual overtones

Definitions:
1. “Employee” means any person on the rolls of the Company including those on deputation,
contract, temporary, part time or working as consultants.
2. "Sexual Harassment", as is provided in the Supreme Court Judgement, includes any
unwelcome sexually determined behaviour, direct or by implication, and includes physical
contact and advances, a demand or request for sexual favours, sexually colored remarks,
showing pornography, any other unwelcome physical, verbal or non-verbal conduct of a sexual
nature.

TYPES OF SEXUAL HARASSMENT AND ITS EFFECTS:

Types of Sexual Harassment

(A) Quid Pro Quo Harassment

¨ Something for something
¨ Harasser has position of power or authority and Refusal to submit will affect the victims job

(B) Same sex Harassment

¨ Male harassment on another male, or female.
¨ Harassment on another female.

(C) Third Party Harassment

¨ Sexual harassment by a non-employee, e.g. Vendors, Customers or Visitors.
¨ Behavior not found offensive by some employees can facilitate an offensive environment for
other employees

SEXUAL HARASSMENT: WHOSE RESPONSIBILITY IS IT ANY WAY!

The best thing would be to stop harassment before it starts.

SOURCE: The person creating a hostile environment has the responsibility to stop behaving in such a manner.

TARGET: The target (victim) must confront the harassment/harasser

OBSERVER: Those who observe disrespectful or harassing behavior have a responsibility to stop it when it occurs;
and one who notices such is NEVER an innocent bystander.

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PERSON: Every person in authority has a duty to keep the workplace free from offensive and harassing behavior
and it is the responsibility of the Employer for preventing complaints.

OPTIONS FOR FILING COMPLAINTS:

The employer has to provide different options for to ensure filing of the complaints in a timely manner through the
supervisor/Complaint Committee member, calling a helpline, complaining through letters/email, etc. It is the
responsibility of the employer to make known the process of and hierarchy of filing complaints.

· Immediate Supervisor
· Any other person in authority if the complaint is against the supervisor
· Complaints Committee

Complaints:

v Any person with a harassment concern, who is not comfortable with the informal resolution options or has
exhausted such options, may make a formal complaint to the Chairperson of the Complaints Committee
constituted by the Management. The complaint shall have to be in writing and can be in form of a letter,
preferably within 15 days from the date of occurrence of the alleged incident, sent in a sealed envelope.
Alternately, the aggrieved can send complaint through an email. The aggrieved is required to disclose their
name, department, division and location they are working in, to enable the Chairperson to contact them
and take the matter forward.

v The Chairperson of the Complaints Committee will proceed to determine whether the allegations (assuming
them to be true only for the purpose of this determination) made in the complaint fall under the purview of
Sexual Harassment, preferably within 30 days from receipt of the complaint. In the event, the allegation
does not fall under the purview of Sexual Harassment or the allegation does not mean an offence of Sexual
Harassment, she will record this finding with reasons and communicate the same to the complainant.

v If the Chairperson of the Complaints Committee determines that the allegations constitute an act of sexual
harassment, she will proceed to investigate the allegation with the assistance of the Complaints Committee.

v Where such conduct on the part of the accused amounts to a specific offence under the law, the Company
shall initiate appropriate action in accordance with law by making a complaint with the appropriate authority.

v The Complaints Committee shall conduct such investigations in a timely manner and shall submit a written
report containing the findings and recommendations to the Management as soon as practically possible
and in any case, not later than 90 days from the date of receipt of the complaint. The Management will
ensure corrective action on the recommendations of the Complaints Committee and keep the complainant
informed of the same.

v In case the complaint is found to be false, the Complainant shall, if deemed fit, be liable for appropriate
disciplinary action by the Management.

CONSTITUTION OF THE ANTI SEXUAL HARASSMENT COMMITTEE:

The Management has constituted an Anti-Sexual Harassment Committee [“Committee”] when a complaint of
sexual harassment is received from any woman employee.

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 “Employee” for the purpose of the Policy and the present Procedure means any person on the rolls of MBL, including
those on deputation, contract, temporary, part time or working as consultants, even though they may not be
employees for any other purpose.
In keeping with the Guidelines, the Committee shall be formed in accordance with the following conditions:
(i) The Committee shall have three (3) members;
(ii) At least two (2) of such members shall be women;
(iii) The Committee shall be headed by one member [“Chairperson”]; who shall mandatorily be a woman.

Sr.No Name Gender Designation Email ID Phone

1 Deepa Dave Female EVP deepad@myradiocity.com 9820233273

2 Ravi Thakur Male EVP ravit@myradiocity.com 9711911911

3 Vivek Urs Male SVP viveku@myradiocity.com 9980568675

4 Maya Iyer Female GM mayai@myradiocity.com 9840001114

5 Amrita Jha Female Manager amritaj@myradiocity.com 9987208574

6 Rebecca Gonsalves Female Advocate rebeca.gonsalvez@gmail.com 9820783537

INQUIRY PROCESS AND PROCEEDINGS

ROLE OF THE COMMITTEE:

v The Committee shall decide whether the facts contained in the complaint make out a case of “sexual
harassment” in light of the definition contained in the Policy.
v The Committee shall look into the truth of the allegations contained in the complaint.
v The Committee shall look into the truth of any allegation of retaliation against / victimization of the
complainant or any other person assisting her as a result of such complaint having been made or such
assistance having been offered;
v The Committee shall recommend the penalties / action to be taken against any person found guilty of
having sexually harassed the complainant, up to and including termination, to the HR Department.
v The Committee shall recommend the penalties / action to be taken against any person found guilty of
having retaliated against / victimized the complainant or any other person assisting her as a result of such
complaint having been made or such assistance having been offered.
v The Committee shall recommend appropriate psychological, emotional and physical support (counselling,
security and other assistance) for the victim to the HR Department.
v The Committee shall recommend the penalties / action to be taken against any person found guilty of
having made false claims of having been sexually harassed, up to and including termination, to the HR
Department.

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 v The Committee shall monitor the follow-up action to be taken by the HR Department on receipt of the Report
of the Committee.

PROCEDURE TO BE FOLLOWED BY THE COMMITTEE

v The Management shall forward the written complaint to the Committee upon its formation.
v The Committee may direct the complainant to prepare and submit a detailed statement of incidents if the
written complaint lacks exactness and required particulars, within a period of two (2) days from such
direction or such other time period that the Committee may decide.
v The Committee shall direct the accused employee(s) to prepare and submit a written response to the
complaint / allegations within a period of four (4) days from such direction or such other time period as the
Committee may decide.
v Each party shall be provided with a copy of the written statement(s) submitted by the other.
v The Committee shall conduct the proceedings in accordance with the principles of natural justice and in
keeping with the Guidelines and the Policy. It shall allow both parties reasonable opportunity of presenting
their case. However, should the accused choose not to participate in the proceedings, the Committee shall
continue ex parte.
v The Committee shall allow both parties to produce relevant documents and witnesses to support their case.
Documents produced by either party shall be affixed with that party’s signature to certify the document as
original / true copy.
v The party against whom the document / witness is produced shall be entitled to challenge / cross-examine
the same.
v The Committee shall sit on a day-to-day basis to record and consider the evidence produced by both
parties.
v As far as practicable, all proceedings of the Committee shall take place in the presence of both parties.
v 10 Minutes of all proceedings of the Committee shall be prepared and duly signed by the members of the
Committee.
v The Committee shall make all endeavour to complete its proceedings within a period of fifteen (15) days
from its formation.
v The Committee shall record its findings in writing supported with reasons and shall forward the same with
its recommendations, to the HR Department, within a period of five (5) days from completion of the
proceedings before it. In case the Committee finds that the facts disclose the commission of a criminal
offence by the accused person, this shall be specifically mentioned in the Committee’s report.
v If, in the course of the proceedings before it, the Committee is satisfied that a prima facie case of sexual
harassment is made out against the accused employee(s) and that there is any chance of the recurrence
of any such action, or that it is required to do so in the interests of justice, it may, on the request of the
complainant or otherwise, direct the transfer of such employee(s) from their present position, or even their
suspension, pending the inquiry. Such decision shall be binding on the parties and shall be immediately
implemented by the HR Department.

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 v If, in the course of the proceedings before it, the Committee is satisfied that any person has retaliated
against / victimized the complainant or any person assisting her as a result of the complaint having been
made or such assistance having been offered, the Committee shall report the same in writing, to the HR
Department, with reasons and with recommendations of the action to be taken against such person.
v If, at the culmination of the proceedings before it, the Committee is satisfied that the complainant has
knowingly brought false charges of sexual harassment against any person, it shall report the same in writing
to the HR Department, with reasons and with recommendations of the action to be taken against such
person.

POWERS OF THE COMMITTEE

v The Committee shall have the power to summon witnesses and call for documents or any information from
any employee.
v If the Committee has reason to believe that an employee is capable of furnishing relevant documents or
information, it may direct such person to produce such documents or information by serving a notice in
writing on that person, summoning the person, or calling for such documents or information at such place
and within such time as may be specified in the written notice.
v Where any relevant document or information is recorded or stored by means of a mechanical, electronic or
other device, the Committee shall have the power to direct that the same be produced, or that a clear
reproduction in writing of the same be produced.
v Upon production of documents / information called for by it, the Committee shall have the power to (i) make
copies of such documents / information or extracts there from; or (ii) retain such documents / information
for such period as may be deemed necessary for purposes of the proceedings before it.
v The Committee shall have the power to issue interim directions to / with regard to any person participating
in the proceedings before it.
v The Committee shall have the power to recommend the action to be taken against any person found guilty
of (a) sexually harassing the complainant; (b) retaliating against / victimizing the complainant or any other
person before it; and (c) making false charges of sexual harassment against the accused person.

COMMITTEE REPORT:
v All proceedings, including the statements and other material adduced as evidence before the Committee
shall be strictly confidential. The Committee shall take all steps to ensure that the parties before it and their
representatives shall maintain strict confidentiality in all respects.
v The decision of the Committee on any matter within its competence shall be considered final and no appeal
/ challenge to the same shall lie to any person / body in MBL.
v The HR Department shall scrutinize the report and recommendations of the Committee and take
appropriate action against the guilty person in accordance with the Guidelines, Policy, and gravity of the
behaviour disclosed in the Committee’s report.

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 v In case the conduct disclosed in the Committee’s report is of a nature that amounts to a criminal offence
under the law of the land, appropriate action shall be initiated by the HR Department, for making a police
complaint in respect of the same. In case the Committee find the degree of offence coverable under the
Indian Penal Code, then this fact shall be mentioned in its report and appropriate action shall be initiated
by the Management, for making a Police Complaint.
v The HR Department shall scrutinize the report and recommendations of the Committee and take
appropriate action to provide the victim with necessary psychological, emotional and physical support.
v In case of sexual harassment of any woman employee by any person not employed by MBL, the HR
Department shall take all steps necessary and reasonable to assist the affected woman employee in terms
of providing her with psychological, emotional and physical support and enabling her to take recourse to
the law.
REDRESSAL:

The committee may be justified in suspending the accused person after a prima facie case has been established.
It shall be liable to institute disciplinary action on the basis of the recommendations of the Complaint Committee
under relevant service rules.

The disciplinary action should be proportionate with the nature of the violation and may comprise of any one of the
following:
v Warning
v Written apology
v Bond of good behaviour
v Adverse remarks in the Confidential Report
v Stopping of increments/promotion
v Suspension
v Dismissal
v Any other relevant mechanism.

The reasons for taking such disciplinary action has to be justified in writing.
v In case there are other person(s) who try to pressurise the complainant to withdraw the complaint or harass
her the Complaint Committee may suggest action which may be taken up by the company.
v In the case of third party harassment, the Complaint Committee shall initiate action by making a complaint with
the appropriate authority.
v The nature of disciplinary action recommended by the Complaint Committee could depend on factors such as
the type and degree of injury caused to the complainant, the impact of the violation on the institutions as a
whole, the position of the harasser in the power hierarchy, repetition of offence. Non-adversarial modes of
redress and resolution could also be considered in appropriate cases. Examples of this may be verbal warning,
verbal apology, promise of good behaviour etc.

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LEGAL REMEDIES

Criminal Laws Indian Penal Code

Section 107-109 Abetment Punishment
Section 120-A-120 B Criminal Conspiracy
Obscenity. Sections 292-294 of the IPC primarily
Prohibit and punish the sale of obscene books and other
published material. Section 292, stipulates that “a book,
Imprisonment extending
pamphlet, paper, writing, drawing, painting, up to three years or with
Section 292-294 representation, figure or any other object shall be deemed a fine or both
to be obscene if it is lascivious or appeals to the prurient
interest or if its effect. Section 294 says that “whoever, to
the annoyance of other… does any obscene act in any
public place.
Abetment to suicide.-- If any person commits suicide, Imprisonment for a term
whoever abets the commission of such which may extend to ten
Section 306
years, and shall
Suicide.
also be liable to fine
Cognizable and bailable
Section 319-331 Relating to hurt and grievous hurt.
offence.
The punishment for
wrongful restraint is for a
maximum of one month or
fine upto Rs 500.For
Section 339-348 Deals with wrongful restraint and wrongful confinement.
wrongful confinement the
punishment is upto a
maximum of one year or
fine upto Rs 1000
Assault or criminal force to woman with intent to outrage
her modesty. Whoever assaults or uses criminal force to
any woman, intending to outrage or knowing it to be likely Punished with
that he will there by outrage her modesty, Acts such as imprisonment for a
Section 354 sending a letter containing indecent propositions to a term which may extend to
woman Following a woman in public transportation, two years, or with fine, or
laughing and grinning at her, standing and shouting here with both.
name Entering her workplace or work station to commit
an offence of intimidate 354 IPC
Punished with
imprisonment for a term
which shall not be less than
For rape if her consent has been obtained by putting fear
Section 375 seven years but which may
of death or hurt
be for life or for a term
which may extend to ten
years

Section 415-417 Cheating

Defamation- Deals with any form of wrongful statements

Section 499-500
which affect the credibility and standing of a person.

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 Criminal Intimidation -Deals with Criminal Intimidation
aimed at the person, reputation, or property. This includes
Section 503,506 & 507
the person's physical and mental space. It also includes
forcing legal or an illegal action.

Act caused by inducing the person to believe that he will

Section 508
be rendered the object of divine displeasure
Word, gesture or act intended to insult the modesty of a
woman Whoever, intending to insult the modesty of any
woman, utters any word, makes any sound or gesture, or Punished with simple
exhibits any object, intending that such word or sound imprisonment for a term
Section 509 shall be heard, of that such gesture or object shall be which may extend to one
seen, by such woman, or intrudes upon the privacy of year, or with fine, or with
such woman to insult the modesty of any woman, utters both.
any word, makes any sound or gesture, or exhinits any
object.
Section 511 Attempt to commit offences

Writ against an employer if there is an unlawful

termination of her services upon refusal to comply with
sexual favours, for not conducting an enquiry against the
Article 32 and 226
harasser, failure or refusal to take action, to set aside an
Constitution
order of the SHW Committee if the order has been passed
in violation of natural justice, for transfer from the place
where offender works, for transfer of the offender.
In India tort damages can be awarded for mental pain,
Tort
distress, indignity, loss of liberty and death.
Deals with Misconduct proceedings in accordance with
Service Law the Government of India code of Conduct and Service
Rules.
Punishable with
Indecent imprisonment of a
Deals with harassment through indecent material and
Representation of minimum of 2 years.
Section 7 of the Act holds companies responsible in case
Women (Prohibition) punishable with
of display of pornographically matter on premises.
Act 1987 imprisonment of a
minimum of 2 years.
The Industrial Disputes act lists the following as unfair
labour practises On the part of employers (Schedule 5).
Unfair labour practices is a
To interfere with, restrain from, or coerce, workmen in the
punishable offence under
exercise of, their right to organise, form to engage in
section 25 J and is read
concerted activity for the purpose of collective bargaining
with Section 25 U
or other mutual aid or protection. To discharge or dismiss
of the Industrial Dispute
workmen as way of victimization or not in good faith or
Act with an imprisonment
patently false reasons on trumped up charges or in utter
of a term
Industrial dispute Act disregard of principles of natural justice.To transfer a
which may extend to 6
workman with malafide intent from one place to another
months or with a fine of Rs
in disguise of a management policy.To show undue
1000. However for
favoritism or partiality to one set of workmen regardless
this the complaint will have
of merit. To indulge in act of force or violence. Applying
to be filed by the
these generic principles to the sexual harassment would
Department of Labour
also constitute as unfair labour practices. It the
under Section 34.
management tries to restrain or coerce the victim to
interfere in the efforts to assist or agitate the case of

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 sexual harassment. If the management discharges or
dismisses the victim for her/his complaint of sexual
harassment If the management transfers the victim or
witness in a sexual harassment case under the guise of
management policy of the management for complaining
If the management favours or shelters a perpetuator
of Sexual harassment. If the management fails to take
preventive and protective measures against sexual
harassment at the
workplace

Conclusion:

All claims of harassment must be taken seriously and investigated. Naturally, there may be some situations when
it is clear that the behavior did not violate the employer's policy even if it upset the complaining party. For example,
a male employee may have done nothing more than show too much interest in a female employee's personal life.
These situations do not require a full investigation but will need some type of resolution that is understood by both
individuals. Addressing every complaint prevents misunderstandings from turning into larger conflicts. It also sends
a message to all employees about the organization's commitment to protecting its workforce from harassment.

The policy will be reviewed by the HR dept. The Company reserves a right to amend, abrogate, modify, and reinstate
the entire policy or any part of it at any time

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