Protection of Children from Sexual Offences
The Protection of Children from Sexual Offences Act, 2012, (POCSO Act) and its corresponding rules were enacted with the objective of protecting children from a slew of sexual offences and introducing child-friendly judicial mechanisms for dealing with such offences. All children have an equal right to access education in an environment that is safe, protective and conducive to the overall development. Sexual offences are a violation of human rights. They are condemnable, reprehensive and repugnant reducing human dignity and rights of individuals. Many a times, these are acts of perversion, mixed with feelings of hatred. These can also be a result of an intention to hurt and brutalize the victims and often consequences of unsolicited gratification of personal needs of the perpetrators. Child sexual abuse can result in both short term and long term harm, including psychopathology in later life. Physical and social effects, including depression, post traumatic stress disorder, poor self esteem, anxiety disorders, general psychological distress and disorder are instilled in them. Despite of the fact that not all victims of child abuse and neglect experience behavioral disorders, studies have found that at least 25 per cent of them are more likely to experience problems in future such as committing offences, teenage pregnancy, drug abuse and mental health problems, etc.
POCSO IN MOUNT CARMEL SCHOOL
To safeguard the interests of the learners MCS Mount Carmel School set up the POCSO committee ( set up under the provisions of prevention of children from sexual offence Act 2012) on 22 nd August 2020 . The committee works towards safeguarding the learners from the challenges they face in their formative years at school.
Periodic sensitization workshops for staff , committee members on signs to watch out for, boundaries for interactions with students in person / online/ on the phone , child protection norms , abuse prevention , provisions of the POCSO Act.
Periodic Age – appropriate sensitization on good touch and bad touch , personal safety, gender sensitization workshop.
Implement the proactive measures to prevent child sexual abuse.
Purpose of this Handbook
Education plays a vital role in transforming a society by making its children more aware, open minded and independent. Schools and other Institutions that provide education, have been playing a meaningful role in creating a nurturing environment for children where they can learn their core values and define their initial behaviours. On the flip side, however, they are also targeted as breeding grounds for sexual abuse and without the right preventive mechanisms, can be the unwitting accomplices to the perpetuation of Child Sexual Abuse. Educational institutions can also help in preventing the creation of future abusive behaviour in children by inculcating in them the right attitudes and ensuring they have access to the correct information, particularly around gender, health and myths that shroud abuse.
The Act also provides for conditions of medical examination of a child in respect of whom any offence has been committed. Similarly, the Act also provides specifically certain parameters of reporting and restraint for media. It is essential that the school management and staff understand their roles and responsibilities well, in reference to the basic provisions under the POCSO Act, 2012 in order to comply with its provisions. Therefore, there is a need to prepare a Handbook about the implementation of POCSO Act, 2012 for school management and staff who happen to come in contact with the child victim early and are required to discharge a responsible duty towards the child victim. This handbook informs the end user (Staff/Management) about sexual abuse in schools and their right to an informed complaint process in seeking redress as provided under the Act and Rules framed thereunder.
Procedure for Approaching Committee :
The Committee deals with issues relating to sexual harassment at MCS School, B’lore. It is applicable to all students, staff and faculty. A complaint of discrimination or sexual harassment may be lodged by the victim or a third party. A written complaint may be addressed to the Convener of the Committee. If the complaint is made to any of the Committee members, they may forward it to the Convener of the Committee Against Sexual Harassment.
Here it should be noted that according to the Supreme Court guideline Sexual harassment can be defined as "unwelcome" sexually determined behavior (whether directly or by implication) as:
Physical contact and advances
Demand or request for sexual favors
Sexually colored remarks
Showing pornography
Other unwelcome physical, verbal or non-verbal conduct of a sexual nature. (Vishaka judgment by Supreme Court)
The following is also sexual harassment and is covered by the committee:
Eve-teasing,
Unsavory remarks,
Jokes causing or likely to cause awkwardness or embarrassment,
Innuendos and taunts,
Gender based insults or sexist remarks,
Unwelcome sexual overtone in any manner such as over telephone (obnoxious telephone calls) and the like,
Touching or brushing against any part of the body and the like,
Displaying pornographic or other offensive or derogatory pictures, cartoons, pamphlets or sayings,
Forcible physical touch or molestation and
Physical confinement against one’s will and any other act likely to violate one’s privacy.
Procedure for dealing with complaints
Filing of a complaint
If any associate believes that she/he has been subjected to sexual harassment, such person may file a complaint with any member of the committee.
The committee member on receiving a complaint will intimate the committee head. The committee head would arrange for a meeting within a week of receipt of the complaint for discussing the complaint raised.
Complaints must be brought within 30 working days of the incident of sexual harassment. Complaints brought after that time period will not be pursued absent extraordinary circumstances. The determination of whether the complaint was timely or whether extraordinary circumstances exist to extend the complaint period must be made in conjunction with the Legal team.
Every attempt will be made to get the complainant to provide the complaint in writing. The complaint shall include the circumstances giving rise to the complaint, the dates of the alleged occurrences and names of witnesses, if any. The complaint shall be signed by the complainant.
Process of Enquiry
The committee will ask the complainant to prepare a detailed statement of incidents/ allegations. The statement of allegation will be shared with the accused.
The accused will be asked to prepare a response to the statement of allegations and submit to the committee within the given time.
The statement and other evidence obtained in the inquiry process will be considered confidential.
The committee will organize verbal hearings with the complainant and the accused.
The committee will take testimonies of other relevant persons and review the evidence if necessary. The committee should ensure that sufficient care is taken to avoid any retaliation against the witnesses.
During the enquiry process, the complainant and the accused would be expected to refrain from any form of threat, intimidation or influencing of witnesses.
The committee will arrive at a decision after carefully and fairly reviewing the circumstances, evidences and relevant statements.
The committee will ensure confidentiality during the inquiry process and will ensure that in the course of investigation a complaint:
Both parties will be given reasonable opportunity to be heard along with witnesses and to produce any other relevant documents.
Upon completion of the investigation, both parties will be informed of the results of the investigation.
The committee will be empowered to do all things necessary to ensure a fair hearing of the complaint including all things necessary to ensure that victims or witnesses are neither victimized nor discriminated against while dealing with a complaint of sexual harassment. In this regard the committee will also have the discretion to make appropriate interim recommendations in relation to an accused person spending the outcome of a complaint) including suspension, transfer, leave, change of work location etc.
The investigation into a complaint will be conducted in such a way as to maintain confidentiality to the extent practicable under the circumstances.
The committee will investigate and prepare an enquiry report with recommendation within 4 weeks of the complaint being filed.
Once the investigation is completed, a determination will be made regarding the validity of the harassment allegation. If it is determined that harassment has occurred; prompt, remedial action will be taken. The committee will share the investigation details and the findings and agree on the applicable disciplinary action. This may include some or all of the following
Restore any lost terms, conditions or benefits of employment to the complainant.
Committee will take appropriate disciplinary action, up to,including termination against the accused. All related documents will be maintained in the associate’s folder, ensuring confidentiality. This anti sexual harassment policy shall not, however, be used to raise malicious complaints. If a complaint has been made in bad faith, as demonstrated by clear and convincing evidence, disciplinary action which may include, termination will be taken against the person raising the complaint.
Decision and Action
Once the investigation is completed, a determination will be made regarding the validity of the harassment allegation. If it is determined that harassment has occurred; prompt, remedial action will be taken. The committee members will share the investigation details and the findings thereof with the appropriate functional head and agree on the applicable disciplinary action. This may include some of all of the following:
Restore any lost terms, conditions and benefits of employment to the complainant.
Discipline the accused. This discipline can include demotion, suspension and termination.
The disciplinary action will be carried out by the concerned department. Such disciplinary action may include transfer, demotion or termination. All related documents will be maintained ensuring confidentiality.
Policy Implementation and Review
The policy will be implemented and reviewed by the committee. The school reserves the right to amend, abrogate, modify, rescind / reinstate the entire policy or any part of it at any time.