INTRODUCTION

1.  Sexual exploitation and abuse (SEA) is an unconscionable violation of the fundamental rights to human dignity, freedom, and health guaranteed by the Constitution of India. It is also a grave criminal offence under the Indian Penal Code. Moreover, it is a moral blight against society.

2.  The Nanma Education Trust (NET) works towards empowering children, especially those from socially and economically underprivileged backgrounds. In the course of its projects and activities, employees of Nanma and individuals working under the aegis of the NET regularly interact with children, mostly between the ages of 10 and 18.

3.  As such, NET is committed to the prevention of SEA and ensuring a dignified and secure working environment for all its employers, partners, and beneficiaries. In particular, NET is dedicated to ensuring the safety of all the children interacting with its personnel in any work-related capacity.

4.  NET works closely with the Kerala Police and has the support of its institutional mechanisms in preventing SEA.

5.  The purpose of this document is to lay out NET’s policy on SEA. This will include NET’s strategies to prevent SEA, and measures undertaken for the proper reporting, response, and redressal of allegations of SEA.

SCOPE

6.  This policy applies to all Board of Trustee of NET, employees, volunteers, and interns of NET. Also under its purview are consultants, sub-contractors, and partners engaging with NET for one or more of its projects.

7. While women and children are vulnerable to SEA, this policy will cover strategies to prevent the abuse of persons of all genders and ages.

DEFINITIONS

8.  The definitions for sexual exploitation and abuse, as adopted by the United Nations are given below. These definitions will be used by NET for purposes associated with SEA.

9.  Sexual exploitation: any actual or attempted abuse of a position of vulnerability, differential power, or trust, for sexual purposes, including, but not limited to, profiting monetarily, socially or politically from the sexual exploitation of another.

10.  Sexual abuse: the actual or threatened physical intrusion of a sexual nature, whether by force or under unequal or coercive conditions.

11.  Sexual harassment: any unwelcome conduct of a sexual nature that might reasonably be expected or be perceived to cause offense or humiliation, when such conduct interfered with work, is made a condition of employment or creates an intimidating, hostile, or offensive work environment. Sexual harassment may occur in the workplace or in connection with work. While typically involving a pattern of conduct, sexual harassment may take the form of a single incident. In assessing the reasonableness of expectations or perceptions, the perspective of the person who is the target of the conduct shall be considered.

12.  Since the Covid-19 pandemic, a large part of the activities of NET are being undertaken online, through platforms such as Zoom and social media websites. The definition of SEA is hence expanded to include any activities amounting to sexual exploitation and abuse conducted over the Internet. This includes, but is not limited to, cyber bullying, cyber stalking, issuance of threats, online defamation, and child pornography.

ZERO-TOLERANCE POLICY

13.  Nanma Education Trust’s philosophy rests on the pillars of equality and compassion. SEA and sexual harassment are closely associated with gender inequalities and power imbalances within the organisation. NET is committed to achieving gender equality at all levels, and is making active efforts to increase the participation of women in all its projects.

14.  Recognising that SEA is a complex issue affecting not just the individuals involved, but also the organisation at large, NET has adopted a zero-tolerance policy towards SEA. Any act falling under the definition of SEA as given above is considered gross misconduct and the perpetrator of such action will be held accountable.

15.  Further, employees are obligated to:

            a.  Behave ethically, maintain the highest standards of professional and personal conduct, and act with integrity and discretion,

            b.  Create an atmosphere which prevents SEA and encourages timely reporting of SEA,

            c.  Report any act of SEA witnessed, suspected, or brought to their knowledge by the survivor, and

            d.  Refrain from filing false claims of SEA with the intention of harming the reputation of the alleged perpetrator.

PREVENTION OF SEA

Recruitment / Contracting Procedure

16.  PSEA is built into the recruitment process for employees at all levels as well as the process of awarding contracts or entering into partnerships. All applicants are expected to display honesty in revealing any criminal record at the beginning of such processes. This is followed by a background check undertaken with the help of Kerala Police.

17.  If, during the background check, a history of SEA and/or child sexual abuse is found, NET reserves the right to withdraw any offer of employment, or contractual agreements offered to the applicant.

18.  Any actions amounting to the withholding of information related to prior criminal history, especially in regards to SEA and/or child sexual abuse will be treated seriously, and could lead to disqualification from the recruitment process or termination of said contract.

TRAINING

19.  NET requires employees to undergo training on PSEA. This has been implemented with two aims in mind. First, it can help raise awareness about the issue. Second, it can educate employees on the ethical values and concerns related to SEA, and the legal repercussions of any such misconduct.

20.  During this training, employees will be introduced to the reporting, redressal, and investigation mechanisms implemented by NET.

REPORTING MECHANISM

21.  The Board of Trustees of NET have nominated two individuals, known as PSEA focal points of the organisation, who will be the first recipients of any allegations of SEA. Their names and contact information are given below:

            Smt. Aji R bettertomorrow.mission@gmail.com

            Er. Ananda Mani K anandamanik@yahoo.com

22.   Any allegations of SEA can be reported anonymously through the website of NET. The contact information of the two nominees will be displayed on the website.

23.  Employees at all levels or beneficiaries of NET programmes who have reason to believe that SEA has occurred, know of an SEA event, or are themselves victims of SEA can use these facilities to report the abuse.

CONFIDENTIALITY AND PROTECTION

24.  Anonymity will be guaranteed for individuals contacting the organisation with allegations of SEA. The onus is on the focal points to ensure confidentiality of the survivor as well as the person reporting the act. This may be waived only with the express permission of the person(s) involved.

25.  During the investigation process, the person(s) involved may be required to provide evidence. In this case, confidentiality will not hold.

RESPONSE AND REDRESSAL

26.  On receiving an allegation of SEA, the focal points will set in motion the necessary steps to ensure that (a) the survivor receives adequate aid and support, and (b) the investigation into the allegations begins promptly.

27.  During this process, the focal points will be assisted by a team of experts consisting of educators, psychologists, psychiatrists, and police. One such team will be instituted for every district of Kerala.

RESPONDING TO SEA

28.  The focal point who is first informed of the allegation will immediately share the information with the other focal point. They will then conduct the internal investigation into the claims. They are required to conduct the investigation ethically and honestly with the utmost discretion. If required, they can take the assistance of police personnel who form part of district team of experts.

29.  The focal point(s) will contact the survivor along with a team member who is trained in administering psychological first aid. Thereafter, they will refer the survivor to one of the mental health service providers, who will complete an assessment of the survivor and provide further treatment.

30.  The focal point(s) will also contact the individual who reported the SEA (if the survivor did not come forward themselves), and any other persons related to the incident.

31.  Based on this information, the focal point(s) will prepare a report, the SEA Complaint Form, which will be placed before the Board of Trustees of NET. This Board will then assess the case, and begin disciplinary procedures. They may then inform the local police authorities about the event and assist the police in subsequent legal proceedings.