1. Purpose and Commitment
Naksh Foundation is committed to maintaining a workplace and program environment that is safe, respectful, inclusive, and free from harassment, discrimination, retaliation, abuse, and misconduct. This Policy applies to everyone who works with or for the Foundation, including employees, volunteers, interns, consultants, contractors, fellows, board members, partner staff, beneficiaries, and visitors. The Foundation expects all associated persons to uphold dignity, fairness, professionalism, and accountability in every interaction.
This Policy is intended to define acceptable conduct, explain prohibited behaviour, and provide a fair grievance redressal mechanism. It supports compliance with Indian law, including the POSH Act, 2013, the BNS/IPC provisions on intimidation and assault, the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, the Rights of Persons with Disabilities Act, the Equal Remuneration framework, and the Information Technology Act provisions relating to online abuse and cyberbullying.
2. Scope
This Policy applies to conduct at Foundation offices, field sites, partner locations, events, workshops, training sessions, off-sites, and all digital or virtual spaces used for Foundation work, including email, WhatsApp, Zoom, and similar platforms. It also applies to conduct outside official hours if that conduct materially affects the workplace, a person’s safety, or someone’s ability to perform their role. The Policy covers conduct by staff, leadership, board members, volunteers, vendors, and external collaborators whenever the conduct is connected to Foundation work or affects the Foundation environment.
3. Definitions
For this Policy, an aggrieved person is anyone covered under the Policy who experiences harassment, discrimination, or retaliation. A respondent is the person against whom a complaint is made. The workplace includes physical and virtual spaces where Foundation-related work occurs. The ICC refers to the Internal Complaints Committee constituted under the POSH Act for sexual harassment complaints. Retaliation means any adverse action taken against someone for raising a concern, participating in an inquiry, or supporting another person’s complaint.
4. Protected Status and Non-Discrimination
Naksh Foundation prohibits discrimination or harassment based on protected characteristics including sex, gender, gender identity, sexual orientation, caste, religion, race, ethnicity, colour, age, marital status, pregnancy, disability, chronic illness, HIV/AIDS status, socio-economic background, language, region, political opinion, military service, and any other status protected by law. This list is illustrative, not exhaustive. No person should be treated less favourably because of who they are or because of a legally protected attribute.
5. Harassment
Harassment means unwelcome conduct that is verbal, written, physical, non-verbal, or digital, and that creates a hostile, intimidating, degrading, or offensive environment or interferes with work. Harassment may be a single severe incident or a repeated pattern. Examples include slurs, insulting jokes, demeaning comments, offensive gestures, stalking behaviour, intimidation, cyberbullying, and circulation of offensive content through digital channels. Remarks about caste, religion, gender, disability, language, or background are prohibited when they are degrading or unwelcome.
Sexual harassment is a serious form of misconduct and is specifically governed by the POSH Act. It includes unwelcome physical contact, sexual advances, requests for sexual favours, sexually coloured remarks, showing sexually explicit material, quid pro quo behaviour, and hostile conduct of a sexual nature. Sexual harassment can occur between people of any gender identity or sexual orientation. Excuses such as joking, misunderstanding, or intoxication do not justify such conduct.
6. Discrimination
Discrimination occurs when a person is treated unfairly or less favourably because of protected status. Examples include refusing to hire, promote, assign, or retain someone without legitimate reason; denying access to opportunities or training; applying unequal standards; or making adverse employment decisions on discriminatory grounds. Caste-based discrimination, including untouchability in any form, is strictly prohibited and will be treated with zero tolerance. Where such conduct may amount to a legal offence, the Foundation may cooperate with law enforcement authorities.
7. Standards of Conduct
All covered persons are expected to act with respect, civility, and professionalism. They should use inclusive language, cooperate constructively, report concerns promptly, and participate honestly in any inquiry. Prohibited conduct includes unwanted physical contact, threats, violence, abuse, bullying, spreading rumours, offensive impersonation, harassing messages, doxxing, misuse of Foundation resources, falsifying records, conflict-of-interest concealment, refusal to follow lawful instructions, and breaches of confidentiality. No one may possess weapons on Foundation premises or attend work under the influence of substances in a manner that impairs judgement or conduct.
Nothing in this Policy restricts employees from discussing lawful employment-related matters such as pay, working conditions, or statutory rights, or from communicating with government authorities about legal violations.
8. Retaliation
Retaliation is strictly prohibited. No person may be punished, threatened, excluded, demoted, evaluated unfairly, or socially ostracised for making a complaint in good faith, participating in an inquiry, or supporting another person’s grievance. A complaint made in good faith does not become invalid simply because the allegation is not ultimately substantiated. However, malicious or bad-faith complaints may themselves lead to disciplinary action.
9. Complaint Channels
For sexual harassment complaints under the POSH Act, the matter will be handled by the ICC. The ICC should include a senior woman employee as Presiding Officer, two internal members committed to women’s welfare, and one external member familiar with harassment issues or from a relevant NGO, as required by law. The names and contact details of ICC members should be displayed and shared with staff.
For non-POSH complaints, a person may report concerns to a direct supervisor, HR/Operations Lead, the Executive Director, or the Board of Trustees depending on the nature of the complaint. Anonymous complaints may be submitted through designated grievance channels, though anonymity may limit the depth of investigation. Anyone receiving a complaint must forward it promptly to the appropriate authority.
10. Investigation Process
The Foundation will acknowledge complaints within five working days and initiate a formal inquiry within ten working days where possible. Investigations must be impartial, timely, confidential, and conducted with due process. The respondent must be informed of the allegations and given a fair opportunity to respond. The inquiry may include interviews, witness statements, review of messages, emails, documents, attendance records, and other relevant evidence.
For POSH complaints, the ICC should aim to complete its inquiry within 60 days, as required by law. Interim protective measures may be taken during the inquiry, including temporary reassignment, schedule changes, administrative leave, or access to counselling. These measures are preventive and do not imply guilt.
11. Outcomes and Action
After the inquiry, the appropriate authority will decide whether a violation occurred and what corrective action is necessary. Possible outcomes include counselling, mandatory training, warning, reduction in rating or compensation, demotion, suspension, termination, deregistration as a volunteer or fellow, termination of contracts, or referral to police or other authorities where criminal conduct may be involved. The Foundation will inform the complainant and respondent of the outcome to the extent permitted by confidentiality and law.
12. Confidentiality
All complaints, evidence, witness statements, and findings must be treated as confidential and shared only on a need-to-know basis. The identity of complainants and respondents should not be disclosed except where necessary for the investigation or required by law. Breach of confidentiality may itself result in penalty or disciplinary action. Secure handling of records is mandatory.
13. External Remedies
Nothing in this Policy prevents anyone from approaching external authorities, including the Local Complaints Committee, NCW, State Women’s Commission, police, labour authorities, NHRC, or State Human Rights Commission, as applicable. The Foundation will not obstruct or penalise any person for seeking legal recourse and will cooperate with official investigations when required.
14. Responsibilities
All staff and associated persons must follow the Policy, treat others with dignity, report concerns, and cooperate with investigations. Managers must model proper behaviour, act quickly on complaints, and maintain confidentiality. HR/Operations must coordinate non-POSH complaints, maintain records, support training, and facilitate assistance. The ICC must handle sexual harassment complaints, conduct inquiries, maintain confidentiality, and prepare reports. The Executive Director and Board must ensure oversight, compliance, and corrective action.
15. Training, Support, and Review
The Foundation will provide orientation to all new personnel, annual refresher training, ICC-specific training, awareness materials, and manager workshops. Affected individuals may receive confidential support, counselling referrals, interim protections, and reasonable accommodations. This Policy will be reviewed at least every two years, or earlier if law or organisational circumstances change. All staff must acknowledge that they have read and understood the Policy, and any material revision will require updated acknowledgement.