Anti Sexual Harassment Policy

This Policy is established to provide a safe, respectful and inclusive workplace free from sexual harassment and to ensure that complaints of sexual harassment are dealt with promptly, fairly and confidentially.

Often Sexual Harassment goes unpunished mostly because of hesitation on the part of employees to report such behavior out of a sense of shame or fear or both. It is important for employees to report any behavior that they know is unwelcome and unacceptable.

The Internal Committee (“ICC”) at the Company has been set up with the aim of providing employees a platform to complain about any unwelcome behavior that is sexual in nature.

Employees are requested to ensure the following:

1. a)Do not feel a sense of shame. Tell the harasser very clearly that you find his/ her behavior offensive, and you want them to STOP immediately.
2. b)Do not ignore the harassment in the hope that it will stop on its own. Register a formal complaint, if the behavior persists.
3. c)Keep a written record of all incidents of sexual harassment. If you feel the need to register a formal complaint later, this record will be helpful.

The Company has adopted a gender-neutral workplace conduct policy and encourages any person who experiences or is subjected to sexual harassment to use the redressal mechanism provided under this policy. The statutory framework under the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (“POSH Act”) provides a statutory mechanism for women aggrieved by sexual harassment at the workplace. The Company’s gender-neutral policy extends internal protection and reporting support to all employees, without prejudice to the statutory rights and remedies available under applicable law. This policy extends to all categories of employees of the Company and is deemed to be incorporated in the service conditions of all employees.

Where this policy refers to statutory rights, duties, timelines or constitution of the Internal Committee, the POSH Act and applicable rules shall prevail in the event of any inconsistency.

3.1 “Sexual Harassment” would mean and include any of the following unwelcome acts or behaviour (whether directly or by implication):

1. a)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;
2. b)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 individual’s sensibilities;
3. c)eve teasing, innuendos and taunts, physical confinement against one’s will and likely to intrude upon one’s privacy;
4. d)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;
5. e)conduct of such an act at workplace or outside in relation to an Employee of the Company, or vice versa during the course of employment; and
6. f)any unwelcome gesture having sexual overtones.
7. 3.2For the purpose of this policy, “Employee” means any person on the rolls of the Company including permanent management and workmen, those on deputation, contract, probation, temporary, part time, adhoc or daily wage basis or working as consultants, employed either directly or through an agent or contractor, whether employed with or without the knowledge of the management or person/s responsible for the management, supervision and control of the Company. A trainee, apprentice and volunteer working with the Company whether being paid or not is also considered an “Employee” for the purpose of this policy.
8. 3.3“Workplace” includes:
9. 1.All offices or other premises where the Company’s business is conducted.
10. 2.All company-related activities performed at any other site away from the Company’s premises.
11. 3.Any place visited by the Employee arising out of or during the course of employment, including transportation provided by the Company for undertaking the journey.
12. 4.Any social, business or other functions where the conduct or comments may have an adverse impact on the workplace or workplace relations.
13. 5.Any premises where the Employee is present in the course of discharging their duties, or arising out of their employment, including their residence or any other remote location during Work from Home (WFH) or flexible work arrangements.
14. 6.Any virtual, digital, or electronic workspace used for company business, including but not limited to official communications via emails, phone calls, text messages, instant messaging applications, video conferencing platforms, or online collaborative tools.
15. 3.4“Aggrieved Individual” in relation to a workplace, is a person, of any age, whether an Employee or not, who alleges to have been subjected to any act of Sexual Harassment.
16. 3.5“Complainant” is any Aggrieved Individual (or if the Aggrieved Individual is unable to make a complaint on account of his/her physical or mental incapacity or death or otherwise, any other person permitted under the rules) who makes a complaint alleging Sexual Harassment under this policy.
17. 3.6“Respondent” means the person against whom the Complainant has made a complaint.

4.1 DUTIES OF EMPLOYEE

All Employees have a personal responsibility to ensure that their behavior is not contrary to this policy. All Employees are encouraged to reinforce the maintenance of a work environment free from Sexual Harassment.

4.2 DUTIES OF EMPLOYER

1. i.The Company will take proactive measures to sensitize its employees about the need for appropriate workplace conduct in a gender-neutral manner.
2. ii.Provide a safe working environment at the Workplace which shall include safety from the persons coming into contact at the Workplace.
3. iii.Display at any conspicuous place in the Workplace, the consequences of Sexual Harassment and the order constituting the IC in form of posters, flyers, emailers etc.
4. iv.Organize workshops and awareness programs, E-learning training etc. sessions at regular intervals for sensitizing the employees with the provisions of the Act and conduct orientation programs for the members of the IC in the manner as may be prescribed.
5. v.Provide necessary facilities to the IC for dealing with the complaint and conducting an inquiry.
6. vi.Assist in securing the attendance of Respondent and witnesses before the IC.
7. vii.Make available such information to the IC as it may require having regard to the complaint made.
8. viii.Provide assistance to the employee, if he/she so chooses to file a complaint in relation to the offence under the Indian Penal Code or any other law for the time being in force.
9. ix.Cause to initiate action, under the Indian Penal Code or any other law for the time being in force, against the perpetrator, or if the Complainant so desires where the perpetrator is not an employee, in the workplace at which the incident of Sexual Harassment took place.
10. x.Treat Sexual Harassment as a misconduct under the service rules and initiate action for such misconduct.
11. xi.Monitor the timely submission of reports by the IC.

An appropriate complaint mechanism in the form of “Internal Committee” has been created in the Company for time-bound redressal of the complaint made by the Aggrieved Individual.

Objective of the Internal Committee

1. •To create awareness on the rights of employees against sexual harassment.
2. •To prevent sexual harassment at the workplace
3. •To conduct enquiry on any complaint/s received from employees and for ensuring time bound treatment of such complaints.
4. •To provide procedure for the resolution, settlement, or prosecution of acts of Sexual Harassment by taking all steps required.
5. 5.1An Internal Committee (“IC” or “Committee”) shall be constituted by the Company in accordance with Section 4 of the POSH Act and the applicable rules. The Committee shall comprise:(a) a Presiding Officer who shall be a woman employed at a senior level at the workplace;(b) not less than two members from amongst employees who are committed to the cause of women, or who have experience in social work or have legal knowledge; and(c) one member from a non-governmental organisation or association committed to the cause of women, or a person familiar with issues relating to sexual harassment.At least one-half of the total members of the Committee shall be women. The nomination and tenure of each member shall be documented by the Company in the applicable order constituting the Committee.
6. 5.2Each member would hold office for three years from the date of their nomination.
7. 5.3A quorum of 3 members is required to be present while conducting inquiry into a complaint. The quorum would include the Presiding Officer and at least two members, one of whom would be a woman member.

For the current list of Internal Committee members and their contact details, write to posh@borderlinegenius.com.

1. 6.1Any Employee who feels and is being sexually harassed directly or indirectly shall submit 6 (six) copies of complaint of the alleged incident along with supporting documents and names and addresses of the witnesses to any member of the Committee in writing within 3 (three) months of occurrence of the particular incident or the last incident, in case he/she has faced a series of incidents. The Committee can extend the time limit to another 3 (three) months under certain circumstances and the reasons for allowing this extension would be recorded in writing.
2. 6.2The written complaint addressed to the Presiding Officer of the Committee and bears the original signature of the Complainant may be enclosed in an envelope and submitted to the Presiding Officer. It may also be sent via official email as a digitally signed document at posh@borderlinegenius.com;however, it will have to be subsequently submitted as hard copy and with the original signature of the Complainant.
3. 6.3An Aggrieved Individual who may not be an Employee but has alleged to have been sexually harassed by an Employee of the Company at the Workplace may also submit a complaint in writing to the Committee. Time limits as stated above will apply.
4. 6.4In case for some reason the Aggrieved Individual cannot give complaint in writing, the Presiding Officer or any member of the Committee would refer him/her to a person who would assist him/her to make the complaint in writing.
5. 6.5Where the Aggrieved Individual is unable to make a complaint due to his/her physical incapacity, his/her legal heir, relative or friend, co-worker, an officer of the National Commission for Women or State Women’s Commission or any person who has the knowledge of the incident, may make a complaint to the Committee on his/her behalf, with his/her written permission. If the Complainant is suffering from mental incapacity, his/her relative or friend or a special educator or a qualified psychiatrist or psychologist or the guardian or authority under whose care he/she is receiving treatment or care, or any person who has the knowledge of the incident jointly with his/her relative or friend or a special educator or a qualified psychiatrist or psychologist or the guardian or authority under whose care he/she is receiving treatment or care, can file a complaint before the Committee.
6. 6.6The Committee will maintain a register that assigns identification numbers to the complaints received, notes the date of receipt of complaints and tracks the complaint until it is disposed. It would keep the contents confidential, except to use the same for discreet investigation.
7. 6.7Upon receipt of a complaint, the IC needs to respond to or hold a meeting with the Complainant within 5 days.
8. 6.8Within 7 days of receiving the written complaint, the IC needs to inform the alleged Respondent in writing that a complaint has been filed against him/her. The IC in its intimation shall inform about the nature of allegations levelled against him/her by the Complainant.

The Complainant has the option of requesting for conciliation. If so, the following conditions apply:

1. 7.1The Committee would take steps for conciliation only at the written request of the Complainant at the time of filing the complaint or immediately thereafter.
2. 7.2No monetary settlement will be made as a basis of conciliation.
3. 7.3If a settlement has been arrived at, the IC needs to record the settlement and forward the same to the employer to take action as specified in the recommendation.
4. 7.4The IC needs to provide the copies of the settlement, as recorded, to the Complainant and the Respondent.
5. 7.5If the Complainant does not request for conciliation, or if conciliation fails or if terms of conciliation are not complied with, or if the Complainant informs the IC that any term or condition of the settlement arrived at earlier has not been complied with, the Committee will conduct a fair inquiry into the complaint in accordance of principles of natural justice.
6. 7.6Conciliation efforts may be completed within 30 (thirty) days of receipt of such request.
7. 7.7The IC shall within a period of 2 (two) weeks from the completion of any mediation process, and whose progress or conclusions are found not acceptable to either the Complainant or the Respondent, proceed to conduct a full enquiry into the allegation of Sexual Harassment and complete the enquiry within 90 days from the date of receipt of the complaint.

On receipt of the complaint, and if the Complainant does not opt for conciliation, the Committee shall conduct a fair inquiry into the complaint in accordance with the principles of natural justice. The inquiry procedure is as follows:

1. 8.1The Committee shall send one copy of the complaint to the Respondent within 7 (seven) working days of having received it and take an acknowledgement of its receipt.
2. 8.2Respondent is expected to give a written reply within 10 (ten) days of receipt of the complaint, a copy of which will be given to the Complainant.
3. 8.3The Committee will hear the Complainant and record his/her allegations. The Complainant may also submit any corroborative material with a documentary proof, oral or written material, to substantiate his/her complaint.
4. 8.4Thereafter, Respondent will be called for a deposition before the Committee and an opportunity will be given to him/ her to give an explanation. He/she may also submit any corroborative material with a documentary proof, oral or written material, to substantiate his/her defense.
5. 8.5If 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.
6. 8.6If the Complainant desires to tender any documents by way of evidence before the Committee, he/she shall supply original copies of such documents. Similarly, if the Respondent desires to tender any documents in evidence before the Committee he /she shall supply original copies of such documents. Both shall affix his /her signature on the respective documents to certify these to be original copies.
7. 8.7The Committee shall call upon or summon all witnesses mentioned by both the parties and any person and record their statements. Where required, the Committee, shall also call for production of documents or any other material.
8. 8.8The parties will NOT be allowed to bring in any legal practitioner to represent them in their case at any stage of the proceedings.
9. 8.9The Committee shall provide every reasonable opportunity to the Complainant and to the Respondent, for putting forward and defending their respective case.
10. 8.10In the event, 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 dropped after recording the reasons thereof.
11. 8.11In case the complaint is found to be false, the Complainant shall, if deemed fit, be liable for appropriate disciplinary action by the Management.
12. 8.12The Committee shall complete the “Inquiry” within reasonable period but not beyond 90 (ninety) days and communicate its findings and its recommendations for action to the Managing Director/General Manager. 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 straightaway.
13. 8.13Where the allegation against the Respondent is proved, the Committee may recommend to the Management to take action including written apology, warning, withholding of promotion withholding of increments, or terminating the person from the service of the Company. The Committee may also recommend payment of appropriate compensation to the Complainant, the sum of which would be worked out with regard to mental trauma and agony caused to the Complainant, the medical expenses he/she may have incurred, the income and financial status of the Respondent.
14. 8.14The Committee may also recommend to the Management on measures to be taken during the pendency of the inquiry, if the Complainant has so requested to transfer the Complainant or the person against whom the complaint has been made to another workplace; grant special leave to the Complainant, and/or restrain him/her from reporting work performance of the Complainant.
15. 8.15The Management of the orgainzation will direct appropriate action in accordance with the recommendation proposed by the Committee.
16. 8.16The Committee shall be governed by such provisions and rules as are framed by The Sexual Harassment of Women at Workplace (Prevention, Prohibition & Redressal) Act, 2013.
17. 8.17Information pertaining to the identity of Complainant, person against whom the complaint is made, witnesses, contents of the complaint, conciliation, inquiry proceedings, all records of complaints, recommendations, and action taken will be kept confidential and not be made public or published in any manner. It is the duty of all the parties concerned i.e. the Complainant, alleged Respondent and / or any of the witnesses to maintain utmost secrecy and confidentiality with respect to the identity of the Complainant, details of the complaint, inquiry proceedings, findings, recommendations and action taken by the Company.
18. 8.18All records of complaints, including contents of meetings, results of investigations and other relevant material, electronic evidence and digital record will be kept confidential by the Company except where disclosure is required under disciplinary or other remedial processes.
19. 8.19For the purpose of making an inquiry the IC has the same powers as vested in a civil court under the Code of Civil Procedure, 1908 when trying a suit in respect of the following:
20. a)Summoning and enforcing the attendance of any person and examining him on oath
21. b)Requiring the discovery or production of documents and
22. c)Any other matter which may be prescribed
23. 8.20During the pendency of an inquiry, on a written request made by the Complainant, the IC may recommend the Company to:
24. a)Transfer the Complainant or the respondent to any other workplace; or
25. b)Grant leave to the Complainant up to a period of 3 months;

The final decision, however, is left solely to the discretion of IC and the Company.

The leave granted to the Complainant will be in addition to the leave he/she would be otherwise entitled to.

1. 8.21The Company will ensure that Complainants and witnesses will not be victimized or discriminated because of their complaint.
2. 8.22Any form of unwarranted pressures, retaliation, victimization or any other type of unethical behavior by the alleged Respondent against the Complainant and / or witnesses shall be reported immediately to the IC. In case of genuine complaints, the IC may recommend to the Company, to take appropriate disciplinary action. The Company will ensure that Complainant or witnesses are not victimized or discriminated against while dealing with complaints of sexual harassment.
3. 8.23The IC has 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 herself or himself for 3 consecutive hearings convened by the Presiding officer.

1. 9.1The Committee shall recommend appropriate disciplinary action to the Managing Director/Borad of Directors.
2. 9.2The Management shall provide all necessary assistance for the purpose of ensuring full, effective and speedy implementation of this policy.
3. 9.3Where Sexual Harassment occurs as a result of an act or omission by any third party or outsider, TMG, shall take all steps necessary and reasonable to assist the Aggrieved Individual in terms of support and action.
4. 9.4The Committee shall analyze and put up report on all complaints of this nature at the end of the calendar year ending December 31st for submission to the Managing Director/General Manager and submit an annual report to the District Officer appointed under The Sexual Harassment of Women at Workplace (Prevention, Prohibition & Redressal) Act, 2013.
5. 9.5In case the Committee finds the degree of offence coverable under the Indian Penal Code, prima facie or after inquiry, or if the Complainant so desires, then this fact shall be mentioned in its report and appropriate action shall be initiated by the Managing Director/General Manager or any other officer that he/she may authorize for making a Police complaint.
6. 9.6The Management of Borderline Genius India also undertakes to:
7. a)Provide safe working environment at workplace, including safety of all persons coming in contact with it.
8. b)Display the names and contact of the Committee at a conspicuous place and also circulate through email/ HRMS to all employees.
9. c)Create sensitivity and awareness among employees about Sexual Harassment, the law and policy of the Company and provide for orientation and training for members of the Committee.
10. d)Make available information to the Committee that it may require and provide other assistance such as securing attendance of the person against whom the complaint is made or witnesses and provide the necessary facilities for dealing with the complaint and conducting the inquiry.

Any appeal against the recommendations of the Committee shall be made in accordance with the POSH Act and applicable law, within the prescribed period and before the appropriate appellate authority/forum, as applicable. The Company will communicate the applicable appeal mechanism to the parties along with the Committee’s recommendations/order where required.

An appeal may be done on within a period of 90 days of the recommendations.