“Anti-Discrimination Cell”
1. Preamble
Anti-discrimination law refers to legislation designed to prevent discrimination against particular groups of people; these groups are often referred to as protected groups or protected classes. Anti-discrimination laws vary by jurisdiction with regard to the types of discrimination that are prohibited, and also the groups that are protected by that legislation. Commonly, these types of legislation are designed to prevent discrimination in employment, housing, education, and other areas of social life, such as public accommodations. Anti-discrimination law may include protections for groups based on sex, age, race, ethnicity, nationality, disability, mental illness or ability, sexual, gender, orientation, gender identity/expression, sex characteristics, religious, creed, or individual political opinions.
2. Definitions
- I. In these regulations unless the context otherwise requires,-
- a. "Act" means, the University Grants Commission Act, 1956 (3 of 1956);
- b. "Academic year" means the period from the commencement of admission of students in any course of study in the institution up to the completion of academic requirements for that particular year.
- c. "Commission" means the University Grants Commission;
- d. "Council" means a body so constituted by an Act of Parliament or an Act of any State Legislature for setting, or co-ordinating or maintaining standards in the relevant areas of higher education, such as the All India Council for Technical Education (AICTE), the Bar Council of India (BCI), the Dental Council of India (DCI), the Distance Education Council (DEC), the Indian Council of Agricultural Research (ICAR), the Indian Nursing Council (INC), the Medical Council of India (MCI), the National Council for Teacher Education (NCTE), the Pharmacy Council of India
(PCI), etc. and the State Higher Education Councils.
- e. Discrimination
In human social behavior, discrimination is treatment or
consideration of, or making a distinction towards, a person based
on the group, class or category to which the person is perceived to
belong.
These include age, colour, criminal record, height, disability,
ethnicity, family status, gender identity, generation, genetic
characteristics, marital status, nationality, race, religion, sex and
sexual orientation.
Discrimination consists of treatment of an individual or group,
based on their actual or perceived membership in a certain group
or social category, "in a way that is worse than the way people are
usually treated". It involves the group's initial reaction or
interaction going on to influence the individual's actual behavior
towards the group leader or the group, restricting members of one
group from opportunities or privileges that are available to another
group, leading to the exclusion of the individual or entities based
3. Objectives of the Cell:
- I. This cell will look after the related matters (if any) of depriving a student/ staff or group of students on the basis of caste, creed, language, ethnicity, gender, different ability.
- II. This cell always tries to uphold the dignity of the institution by addressing the concerns (if any) brought into the notice related to equality in offering or receiving education inside the campus.
- III. This cell ensures a conducive environment for the academic growth of the people belonging to the university.
- IV. This cell protects the rights of individuals without any prejudice to their appearance or lifestyle in the process of learning inside the campus.
- V. The Cell shall eliminate discrimination against or harassment of any individual in all forms by prohibiting it and by providing preventive and protective measures to facilitate its eradication and punishments for those who indulge in any form of discrimination or harassment.
- VI. To resolve the issues pertaining to caste, creed, religion, language, ethnicity, gender, disability of access etc.
- VII. To provide a platform for listening to complaints and redressal of grievances
- VIII. To foster a healthy relationship with all.
4. Complaint Procedure
- i. Any student or staff (hereinafter mentioned as the ‘COMPLAINANT) shall have the right to file a complaint concerning any discrimination against a student/employee /faculty/administrative staff / research staff / any of the members of the Committee (hereinafter mentioned as the ‘COMPLAINEE’) as the case may be.
- ii. Any COMPLAINANT may file a complaint within a period of 3 months from the date of incident. In case of a series of incidents, COMPLAINANT should file a case within a period of 3 months from the date of the last incident.
- iii. Where the aggrieved person is unable to file a complaint on account of her physical or mental incapacity or death or otherwise, her legal heir or such other person as may be prescribed may make a complaint under this section.
- iv. All complaints will only be accepted in writing.
- v. Any complaint in writing has to be signed by the COMPLAINANT.
- vi. The complainant shall be afforded full secrecy at each stage.
- vii. The name, address, identity, or any other particulars calculated to lead to identification of the COMPLAINANT shall be kept confidential and will not be disclosed even to the Committee, till the meeting in this regard is convened.
- viii. Within a period of 5 working days from the date of such communication, the Chairperson shall convene a meeting to deal with the complaint and make preliminary enquiry/fact-finding enquiry to verify the facts of the complaint. An Enquiry Committee will be constituted if the complaint is found genuine.
- ix. In case, the Enquiry Committee decides to proceed with the complaint, they may have the option to settle the matter between COMPLAINANT & COMPLAINEE through conciliation. For this, the wishes of the complainant shall be ascertained and if the complainant wishes that a warning would suffice then the alleged offender shall be called to the meeting of the Committee, heard and if so satisfied that a warning is just and proper, he may be warned about his behavior. The matter shall then be treated as concluded and disposed of with a note to that effect made in the Complaint Register.
5. Disciplinary Actions
Enhancement of disciplinary action, by the Committee, could depend on factors such as the nature, the impact of the violation on the institutions as a whole, the position of the harasser in the power hierarchy, repetition of the offense, etc.
- i. Where the Committee finds an employee of the Institute involved in discrimination of the complainant, it can recommend disciplinary action in the form of:
- a. Warning
- b. Written apology
- c. Bond of good behavior
- d. Adverse remarks in the performance assessment
- e. Debarring from duties.
- f. Denial of membership of statutory bodies
- g. Denial of re-employment or renewal of contract
- h. Stopping of increments/promotion
- i. Reverting, demotion
- j. Suspension
- k. Dismissal
- l. Any other relevant mechanism
- ii. Where the Committee finds a student of the institute is involved in sexual harassment of the complainant, it can recommend disciplinary action in the form of:
- a. Warning
- b. Written apology
- c. Bond of good behavior
- d. Debarring entry into the hostel/mess/guest house/campus
- e. Suspension for a specific period of time
- f. Withholding results
- g. Debarring from exams
- h. Stopping of fellowship and contingency
- i. Expulsion
- j. Denial of admission
- k. Declaring the harasser as "persona non grata" for a stipulated period of time
- a. Community service
- b. Any other relevant mechanism
- iii. In such cases where the Committee finds a third party/outsider to be guilty of discrimination, the institute’s authorities shall initiate action by making a complaint with the appropriate authority and at the Institute level it can recommend disciplinary action in the form of:
- a. Warning
- b. Written apology
- c. Debarring entry into the campus