Understanding Sexual Harassment

"Sexual Harassment" is defined as any unwelcome conduct of a sexual nature that creates an intimidating, hostile, or offensive work environment. It encompasses a wide range of behaviors, including but not limited to:

• Unwanted physical contact, including touching, groping, pinching, patting, hugging, or any form of inappropriate physical proximity;
• Explicit or implicit requests, demands, or pressure for sexual favors in exchange for employment benefits, promotions, favorable work assignments, or to avoid negative consequences;
• Verbal harassment including sexually explicit comments, jokes, innuendos, or remarks about a person's appearance, body, clothing, or personal life;
• Displaying, sharing, or circulating pornographic material, sexually explicit images, or inappropriate content through any medium;
• Non-verbal conduct such as leering, staring, making sexual gestures, or displaying sexually suggestive objects, images, or screensavers;
• Unwelcome advances, propositions, or invitations of a sexual nature, whether direct or indirect;
• Creating a hostile work environment through persistent sexual comments, jokes, or behavior that makes it difficult for an individual to perform their duties;
• Cyber harassment including sending inappropriate messages, emails, or content through digital platforms, social media, or communication tools;
• Making derogatory remarks, slurs, or comments about an individual's gender, sexual orientation, or personal relationships;
• Any other conduct of a sexual nature that is unwelcome and creates an uncomfortable or hostile work environment.

Additionally, sexual harassment may occur when any of the following circumstances are present in connection with the above-mentioned behaviors:

1. When submission to such conduct is made either explicitly or implicitly a term or condition of employment;
2. When submission to or rejection of such conduct is used as a basis for employment decisions affecting the individual, including but not limited to hiring, promotion, demotion, transfer, salary, benefits, or termination;
3. When such conduct has the purpose or effect of unreasonably interfering with an individual's work performance or creating an intimidating, hostile, or offensive work environment;
4. When such conduct results in adverse employment action or creates a perception that the individual's employment status is contingent upon tolerating such behavior;
5. When such conduct causes humiliation, embarrassment, or psychological distress that affects the individual's health, safety, or well-being.

It is important to understand that sexual harassment is determined by the impact of the behavior on the recipient, not the intent of the person engaging in such behavior. What may seem harmless to one person can be deeply offensive and harmful to another.

Internal Complaints Committee

In accordance with the statutory requirements of the POSH Act, Swageazy has constituted an Internal Complaints Committee ("ICC" or "Committee") to address complaints of sexual harassment at the workplace. The ICC is responsible for receiving, investigating, and resolving complaints in a fair, impartial, and timely manner.

The Internal Complaints Committee comprises the following members, ensuring representation from diverse backgrounds and expertise:

• Presiding Officer – A senior female employee who leads the Committee and ensures compliance with the POSH Act.
  Contact: Samikshya Das ([email protected])
• Internal Member – An employee committed to workplace safety and gender equality.
  Contact: Gautam Singh ([email protected])
• Internal Member – An employee with understanding of organizational policies and procedures.
  Contact: Saurabh Tiwari ([email protected])
• External Member – An independent expert from outside the organization, such as a lawyer, social worker, or NGO representative, who brings objectivity and specialized knowledge to the Committee.
  Contact: Adv Aashna Suri ([email protected])

The Committee members are selected based on their commitment to upholding workplace dignity, their understanding of gender issues, and their ability to conduct fair and impartial investigations. All Committee members undergo regular training to stay updated on legal requirements and best practices.

Roles and Responsibilities of the Internal Complaints Committee

The Internal Complaints Committee is entrusted with the following key responsibilities:

• Receiving and acknowledging complaints of sexual harassment from any aggrieved person, witness, or concerned individual;
• Conducting preliminary assessment of complaints to determine their validity and scope;
• Attempting conciliation between parties when appropriate and requested by the complainant, ensuring that conciliation is voluntary and does not compromise the complainant's rights;
• Conducting thorough, fair, and impartial investigations into complaints when conciliation is not possible or not desired by the complainant;
• Ensuring confidentiality throughout the entire process, protecting the privacy and dignity of all parties involved;
• Providing a safe and supportive environment for complainants to share their experiences without fear of retaliation;
• Collecting evidence, interviewing witnesses, and maintaining detailed records of all proceedings;
• Making recommendations to the management regarding appropriate disciplinary action based on investigation findings;
• Monitoring implementation of recommended actions and ensuring compliance;
• Preparing and submitting annual reports to the management and relevant authorities as required by law;
• Conducting awareness programs and training sessions to educate employees about their rights and responsibilities under this Policy;
• Reviewing and updating the Policy periodically to ensure its effectiveness and compliance with evolving legal requirements.

Procedure for Filing a Complaint

Any person who believes they have been subjected to sexual harassment, or who has witnessed such behavior, may file a complaint with the Internal Complaints Committee. The complaint should be submitted in writing, either in person, by email, or through any other written format that clearly describes the incident(s).

Timeline for Filing Complaints:

A complaint must be filed within three (3) months from the date of the incident. In cases involving a series of incidents, the complaint must be filed within three (3) months from the date of the last incident.

However, the Committee recognizes that various circumstances may prevent timely filing of complaints. Therefore, if a complainant can demonstrate valid reasons for the delay (such as trauma, fear of retaliation, or other compelling circumstances), the Committee may extend the filing deadline by an additional three (3) months upon receiving a written request explaining the reasons for the delay.

Assistance in Filing Complaints:

Swageazy understands that filing a complaint can be challenging. Therefore, if an aggrieved person is unable to file a complaint due to physical or mental incapacity, or any other reason, the following individuals may file the complaint on their behalf:

1. Legal heirs or family members;
2. Relatives, friends, or trusted colleagues;
3. Co-workers who are aware of the incident;
4. Officers from the National Commission for Women or State Women's Commission;
5. Special educators or counselors;
6. Qualified psychiatrists or psychologists;
7. Guardians or authorities responsible for the aggrieved person's care;
8. Any person aware of the incident, provided they have written consent from the aggrieved person.

In the unfortunate event of the aggrieved person's death, their legal heirs or any person with knowledge of the incident may file a complaint with the written consent of the legal heirs.

What to Include in a Complaint:

While there is no rigid format, a complaint should ideally include:

• Name and contact details of the complainant;
• Name and designation of the alleged harasser (respondent);
• Detailed description of the incident(s), including date, time, and location;
• Names and contact details of any witnesses, if available;
• Any supporting documents, emails, messages, or other evidence;
• Description of the impact of the incident on the complainant;
• Any previous attempts to address the issue, if applicable.

Investigation Process

Swageazy is committed to conducting thorough, fair, and confidential investigations into all complaints of sexual harassment. The investigation process is designed to ensure justice while protecting the rights and dignity of all parties involved.

Principles of Investigation:

The Internal Complaints Committee conducts investigations in accordance with the principles of natural justice, ensuring:

• Fair hearing for both the complainant and the respondent;
• Right to present evidence and witnesses;
• Right to cross-examination, where appropriate;
• Impartial and unbiased investigation;
• Confidentiality throughout the process;
• Protection against retaliation for all parties.

Timeline for Resolution:

The Committee strives to complete investigations and provide recommendations within 90 days from the date of receiving the complaint. This timeline may be extended in complex cases, but the complainant and respondent will be informed of any delays and the reasons thereof.

Powers of the Committee:

For the purpose of conducting investigations, the Internal Complaints Committee has the same powers as vested in a Civil Court under the Code of Civil Procedure, 1908, including:

1. Summoning and enforcing the attendance of any person and examining them under oath;
2. Requiring the discovery and production of documents, emails, messages, or any other relevant evidence;
3. Receiving evidence on affidavits;
4. Issuing commissions for the examination of witnesses;
5. Any other powers necessary for conducting a thorough investigation.

Interim Relief:

During the pendency of the investigation, the Committee may recommend interim measures to the management, such as:

• Transferring the complainant or respondent to another department or location;
• Granting leave to the aggrieved person (up to three months for women as per the Act);
• Restricting the respondent from reporting on the complainant's work performance or writing their performance reviews;
• Any other measures necessary to ensure the safety and well-being of the complainant.

Management Action:

Upon receiving the Committee's recommendations, the management of Swageazy is committed to implementing appropriate actions promptly, and in any case, not later than 60 days from the receipt of the recommendations. The Human Resources department will coordinate the implementation of disciplinary actions as recommended by the Committee.

Conciliation Process

Swageazy recognizes that not all complaints require formal investigation. In certain cases, the parties may prefer to resolve the matter through conciliation, provided it is voluntary and does not compromise the rights or dignity of the complainant.

When Conciliation is Possible:

Conciliation may be attempted when:

• The complainant requests conciliation before formal investigation begins;
• Both parties are willing to participate voluntarily;
• The nature of the complaint is such that conciliation is appropriate;
• The complainant's rights and dignity are not compromised.

Conciliation Process:

If the respondent agrees to take corrective actions such as offering a sincere apology, undergoing counseling, or other remedial measures without going through formal disciplinary procedures, the parties may arrive at a mutually acceptable resolution. It is important to note that:

• Conciliation is entirely voluntary;
• No monetary settlement can be made as part of conciliation;
• The complainant can withdraw from conciliation at any time and request formal investigation;
• All conciliation proceedings are documented and forwarded to the HR department within 10 days.

If conciliation is successful, no further inquiry is conducted. However, if conciliation fails or is not desired by the complainant, the Committee proceeds with a formal investigation.

Disciplinary Actions and Consequences

Based on the findings of the investigation, the Internal Complaints Committee recommends appropriate disciplinary action to the management. The severity of the action depends on the nature and gravity of the offense, and may include one or more of the following:

• Written Apology: A formal written apology to the complainant;
• Warning or Reprimand: Formal written warning placed in the employee's file;
• Counseling: Mandatory counseling sessions to address inappropriate behavior;
• Community Service: Assignment to community service activities;
• Transfer: Transfer of the respondent or complainant to another department or location;
• Withholding Benefits: Withholding of promotion, increment, or other employment benefits;
• Salary Deduction: Deduction from salary as compensation or penalty;
• Compensation: Payment of compensation to the complainant for trauma, medical expenses, career loss, or other damages;
• Suspension: Temporary suspension from duties pending final decision;
• Termination: Dismissal from employment in cases of severe or repeated offenses.

The Company ensures that all disciplinary actions are implemented promptly and effectively, with the support of the Human Resources department. The action taken is documented and communicated to both parties, while maintaining appropriate confidentiality.

Additional Provisions

Third-Party Harassment

Swageazy recognizes that sexual harassment may sometimes occur due to actions of third parties such as clients, vendors, or visitors. In such cases, the Company commits to taking all reasonable steps to assist the affected person, including:

• Providing immediate support and protection;
• Taking appropriate action against the third party, including barring them from Company premises;
• Reviewing and strengthening preventive measures;
• Ensuring the affected person receives necessary support and counseling.

Annual Reporting

The Internal Complaints Committee prepares an annual report summarizing all complaints received, investigations conducted, actions taken, and recommendations made during the year. This report is submitted to the management and forwarded to the District Magistrate or District Collector as required by law.

Legal Compliance

In cases where the Committee determines that the offense is of a nature that falls under the Indian Penal Code (IPC), this fact is clearly mentioned in the investigation report, and appropriate action is initiated by the management to file a formal police complaint. Swageazy fully cooperates with law enforcement authorities in such cases.

Policy Review and Updates

This Policy is reviewed periodically to ensure its effectiveness and compliance with legal requirements. Any updates or amendments are communicated to all employees, and the updated Policy is made available on the Company's internal portal and website.

Appeal Process

Both the complainant and the respondent have the right to appeal the recommendations of the Internal Complaints Committee. In cases where the aggrieved person is a woman, an appeal can be made to the Labor Commissioner within 90 days from the date of receiving the Committee's recommendations.

The appeal process ensures that all parties have access to a fair review mechanism and that justice is served in accordance with the law.

Confidentiality and Privacy

Swageazy places the highest priority on maintaining confidentiality throughout the entire complaint process. All information related to complaints, investigations, and proceedings is treated with strict confidentiality. Only those individuals who need to know are informed, and information is shared only to the extent necessary for conducting the investigation or implementing recommended actions.

The Company ensures that:

• Complaint details are not disclosed to unauthorized persons;
• Witnesses and parties are protected from unnecessary exposure;
• All documents and records are securely maintained;
• Privacy of all individuals is respected throughout the process.

Breach of confidentiality by any employee, including Committee members, may result in disciplinary action.

Protection Against Retaliation

Swageazy has a zero-tolerance policy towards retaliation. The Company strictly prohibits any form of intimidation, harassment, discrimination, or adverse action against:

• Individuals who file complaints of sexual harassment;
• Individuals who participate in investigations as witnesses or provide information;
• Individuals who support complainants or assist in the complaint process;
• Individuals who object to discriminatory practices or raise concerns about workplace safety.

Any employee found engaging in retaliatory behavior will face severe disciplinary action, which may include termination of employment. The Company ensures that complainants and witnesses are fully protected and can continue their work without fear of victimization or discrimination.

If any employee experiences retaliation, they should immediately report it to the Internal Complaints Committee or the Human Resources department.

False or Malicious Complaints

While Swageazy encourages genuine complaints and provides full support to complainants, the Company also recognizes the importance of protecting employees from false or malicious allegations. This Policy should not be misused to bring frivolous or baseless charges against fellow employees.

If the Internal Complaints Committee, after thorough investigation, concludes that a complaint was made maliciously or with knowledge that it was false, or if the complainant has produced forged or misleading documents, the Committee may recommend appropriate action against the complainant, including:

• Written apology to the respondent;
• Formal warning or reprimand;
• Withholding of promotion or increments;
• Mandatory counseling;
• Community service;
• Termination of employment in severe cases.

However, it is important to note that a complaint that is not proven does not automatically mean it was false or malicious. The Committee carefully distinguishes between unproven complaints and deliberately false complaints.

Disciplinary Actions Framework

The types and severity of disciplinary actions are determined in accordance with the POSH Act and Company policies. The Committee considers various factors including:

• The nature and severity of the offense;
• Whether it was a single incident or a pattern of behavior;
• The impact on the complainant;
• The respondent's history and previous conduct;
• Whether the respondent shows remorse and willingness to change;
• Any other relevant circumstances.

All disciplinary actions are implemented in a fair and consistent manner, ensuring that similar offenses receive similar treatment while considering the unique circumstances of each case.

Redressal Mechanism

Swageazy ensures that all complaints are addressed through appropriate redressal mechanisms:

• For Women: Complaints from women are addressed in strict accordance with the Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act, 2013, ensuring full compliance with all legal requirements and protections provided under the Act.
• For Other Genders: Complaints from individuals of other genders are addressed through Company policies and procedures that ensure equal protection, fair treatment, and appropriate redressal, maintaining the same standards of investigation and action.

Swageazy is committed to providing a safe, respectful, and inclusive workplace for all employees, regardless of gender, and ensures that all complaints receive appropriate attention and resolution.

Employee Responsibilities

All employees of Swageazy have a responsibility to:

• Familiarize themselves with this Policy and understand what constitutes sexual harassment;
• Treat all colleagues with respect and dignity;
• Refrain from engaging in any behavior that could be construed as sexual harassment;
• Report incidents of sexual harassment that they experience or witness;
• Cooperate fully in investigations when called upon;
• Maintain confidentiality regarding complaints and investigations;
• Support colleagues who come forward with complaints;
• Participate in training and awareness programs conducted by the Company.

By working together, we can create and maintain a workplace where everyone feels safe, respected, and valued.

Last Updated: 28th January 2026

Policy Version: 1.0

This Policy is subject to periodic review and updates to ensure continued compliance with legal requirements and best practices. All employees will be notified of any changes to this Policy.