POCSO POLICY 2012 and amendment bill 2019
at Swami Vivekanand Integration English School, Latur
POCSO Act 2012
An Act to protect children from offences of sexual assault, sexual harassment and pornography and provide for establishment of Special Courts for trial of such offences and for matters connected therewith or incidental thereto.
POLICY STATEMENT
- Swami Vivekanand Integration English School, Latur is committed to the prevention of child abuse and to the protection of children in line with the POCSO Act 2012.
- Decisions to report or act upon suspected cases of child abuse or neglect will be based on the preliminary investigation establishing such act has been committed as defined by the Protection of Children from Sexual Offences (POCSO) Act, 2012 heeding to the prevailing laws of India and state.
- Child Protection Policy is a statement of intent that defines the Swami Vivekanand Integration English School, Latur commitment to safeguard children from sexual harm and abuse. It helps to create a safe and positive environment for children, shows that the Swami Vivekanand Integration English School, Latur is taking its duty of care seriously, and importantly specifies stakeholders’ responsibilities and roles in the protection of children.
- The procedures outlined in the policy are in line with the Juvenile Justice (Care and Protection of Children) Act 2000 (“JJ Act”) and The Protection of Children from Sexual Offences (POCSO) Act, 2012.
- When required, we are committed to providing families with access to outside agencies and/or individuals who can support families in resolving issues associated with child sexual abuse.
- We promote safe practice within the Swami Vivekanand Integration English School, Latur community whereby all students will feel confident to bring their concerns forward and feel supported in those concerns.
PURPOSE OF THIS POLICY
- To promote a safe and positive environment in Swami Vivekanand Integration English School, Latur, conducive for learning and development, in partnership with children at the center.
- To provide the Swami Vivekanand Integration English School’s position on safety and protection of children and the measures taken for ensuring the same.
APPLICABILITY
The child protection mandate must be reflected not only in the policies but also reflected in every aspect of the Swami Vivekanand Integration English School’s administration and management including in staff recruitment, training and learning transactions that would impact interactions between staff, students, the Swami Vivekanand Integration English School, Latur environment and parents – rendering them more child centric.
The policy will apply to all personnel and persons related to the Swami Vivekanand Integration English School, Latur and who come in direct or indirect contact with children.
(1) Direct Contact with Children: Being with and in the physical presence of a child or children as part of their professional or Swami Vivekanand Integration English School, Laturrelated work, be it regular, occasional, temporary or long term.
(2) Indirect Contact with Children: Those whose work does not require them to be in the physical presence of a child but encompasses access to personal details and information, data on children including photographs, case files etc.
DEFINITION of SEXUAL ABUSE
Sexual abuse covers all aspects of inappropriate sexual behaviors between children and adults and children and children. Inappropriate touching, observing and displaying of the sexual organs, engaging in any form of intimate relationship with a student, sharing of personal information, including photos of sexual nature, conveying anything with a sexual pun by any means to the child represent sexual abuse. Sexual penetration of a child by an adult, or of a younger child by an older child is the most serious example of child abuse. Child pornography also is included in sexual abuse and will be avoided in all forms.
STAFF SAFETY
Staff should act in a responsible manner at all times in relation to students. On very rare occasions children make false allegations against adults who are entrusted with their care. These false allegations may be as a result of a desire to harm a staff member. What is certain is that whether or not an allegation is subsequently proven to be untrue, the reputation of a staff can be destroyed along with considerable emotional damage being inflicted on the staff and his or her family. All staff should take steps to protect themselves from unwarranted accusations of unprofessional conduct including abuse by acting at all times in a professional manner.
The sexual and romantic relationship between staff and student must be avoided in all forms and will not be entertained by the management, especially when the faculty is or in the future might become responsible for teaching or directly supervising a student. The management will have full authority if such relationship with a child anywhere related to the Swami Vivekanand Integration English School, Laturis found in a relationship with any adult staff member in any form and will report the matter to the police. Situations like these may make the faculty liable for violation of laws against sexual harassment and sex discrimination.
Therefore, faculty must avoid sexual or romantic relationships with students over whom they have or in the future might have direct responsibilities.
*This policy also applies to consensual sexual/romantic relationships between associates and students.
INTERNAL COMPLAINTS (compliance) COMMITTEE (ICC)
Swami Vivekanand Integration English School, Latur has constituted an Internal Complaints Committee (ICC) to address grievances against sexual harassment at workplace and POCSO. The ICC will have the following responsibilities:
1. Provide assistance if an employee or a student chooses to file a complaint to ICC
2. Provide mechanisms of dispute redressal and dialogue to anticipate and address issues through just and fair conciliation without undermining the complainant’s rights, and minimize the need for purely punitive approaches that lead to further resentment, alienation or violence
3. Protect the safety of the complainant by not divulging the person’s identity, and provide the mandatory relief by way of sanctioned leave or relaxation of attendance or requirement or transfer to another classroom/ department or supervisor as required during the pendency of the complaint, or also provide for the transfer of the offender.
4. Ensure that victims or witnesses are not victimized or discriminated against while dealing with complaints of sexual harassment.
5. Ensure prohibition of retaliation or adverse action against a covered individual because the employee or the student is engaged in protected activity.
6. Inform all students and teaching & non-teaching staff about their rights and obligations through training and dissemination of the policy
7. Increase awareness by including the anti-discrimination, harassment policy in the orientation materials for new faculty, staff, students, and volunteers.
Committee composition
ICC constitutes POCSO act and the ICC would be headed by a woman.
Further, to prevent the possibility of any undue pressure or influence from any quarter, the committee would involve an external expert. Three children from highest standards will be a part of the committee. The total number of ICC will not be less than 7, in case of any discrepancy an immediate replacement will be sorted by votes and immediate effect.
Details of ICC:
1. Mrs. Varsha Vikas Labade (Presiding officer) 9561127638
2. Mr. Arun Shirure (Member)
3. Ms. Shivkanya Tat (Member)
4 Ms. Neelam Kamble (Parent Member)
5. Mr. Siddheshwar Naibal (Parent Member)
6. Mast. Ayush Rathod (Student Member)
7. Ms. Shraddha Hodale (Student Member)
8. Resham Bamb (External member) 8010691140
PROCESS OF MAKING COMPLAINT OF SEXUAL HARASSMENT
1. A complainant shall submit a written complaint to the ICC within one year from the date of the incident and same in case of a series of incidents happened. Provided that where such complaint cannot be made in writing, any member of the ICC shall render all reasonable assistance to the person for making the complaint in writing; Provided further that the ICC may, for reasons to be accorded in the writing, extend the time limit not exceeding one year, if it is satisfied that the circumstances were such which prevented the person from filing a complaint within the said period.
2. Friends, relatives, colleagues, co-students, psychologists, or any other associate of the complainant may file the complaint in situations where he/she is unable to make a complaint on account of physical or mental incapacity or death.
COURSE OF ACTION
- The ICC shall meet the complainant to fully understand the details of the complaint.
- If the Complainant requests, in writing, to settle the matter between him/her and the person against whom she has made the complaint, the ICC shall conduct a conciliation meeting to bring about a settlement.
- If any settlement is arrived at this shall be recorded and signed by both parties. A copy of the settlement will be given to both and to the management for record. No settlement shall be pecuniary in nature.
- If no settlement is arrived at, the ICC shall proceed to conduct the investigation.
- The ICC is required to complete all investigations within a period of 90 days, from receipt of a complaint.
- The ICC will ask the complainant to provide the particulars of the incidents, supply any document or evidence in support of the allegations, and give the names of the persons who may have witnessed or have knowledge of the incident.
- The ICC shall call the person against whom the complaint has been made. They will be provided with the summary of the complaint and will be asked to respond within a specified timeframe. They will also be given an opportunity to bring any document, evidence or witnesses in support of their defense.
- The ICC may also choose to call any other person or ask for production of any documents or records at their discretion, during the investigation.
- The ICC will prepare a preliminary report and share it with both. The parties may make a representation before the committee on their view of the findings.
- The ICC shall submit its final report and recommendations to the principal’s office within 15 days of the completion of the investigation.
- All the statements/depositions before the ICC must be documented and signed by the concerned parties. The final report will also have to be signed by all the committee members. On finding alleged guilty, the committee may suggest action against the guilty, which may include counseling, caution letter, withholding of promotion, termination or even referring the case to law enforcing agency, depending on the gravity of the case.
INTERIM & FINAL REDRESSAL
- Transfer the complainant or the respondent to another section or department to minimize the risks involved in contact or interaction, if such a recommendation is made by ICC
- Grant leave to the aggrieved with full protection of status and benefits for a period up to three months
- Restrain the respondent from reporting on or evaluating the work or performance or tests or examinations of the complainant
- Ensure that offenders are warned to keep a distance from the aggrieved, and wherever necessary, if there is a definite threat, restrain their entry into campus
- Take strict measures to provide a conducive environment of safety and protection to the complainant against retaliation and victimization as a consequence of making a complaint of sexual harassment
- Further the details will be handed over to the police and judiciary unbiased to support the victim.
COUNSELING AND SUPPORT
A person may seek counselling or support on matters related to sexual harassment/sexual assault without having to lodge an informal or formal grievance may contact the counselling and consultation service. Please note that this service does not investigate allegations but only provides counseling and support.
CONFIDENTIALITY
Every attempt will be made to protect the confidentiality of the alleged victim and the alleged harasser.
AMENDMENTS
These Rules may be revised and amended from time to time on the basis of court judgements and revision in other applicable laws, rules and regulations. Rules may also be amended through feedback and suggestions from members of Swami Vivekanand Integration English School, Latur. As and when amendments are made, all members of the Swami Vivekanand Integration English School, Latur community will be informed.
Signatures of all POCSO ICC members:
1. Mrs. Varsha Vikas Labade
2. Mr. Arun Shirure
3. Ms. Shivkanya Tat
4. Ms. Neelam Kamble
5. Mr. Siddheshwar Naibal
6. Mast. Ayush Rathod
7. Ms. Shraddha Hodale
8. Ms. Resham Bamb