Gender Justice and Sensitisation Cell 
of the 
Communist Party of India (Marxist-Leninist)-Liberation 

RULES AND PROCEDURES

(Adopted by the Central Committee of CPI (ML) Liberation on 2 December 2024.)

SECTION I

PREFACE

A long standing demand of the women’s movement for gender justice has been the setting up of transparent and accountable institutional mechanisms for gender sensitisation and redressal of sexual harassment and gender-based discrimination. And that such institutional measures be built into all kinds of organisations and workspaces. Various forms of harassment against women and other marginalised genders and sexual minorities have made work spaces unequal and unjust. For those of us in Communist movements and organizations, gender justice is a crucial aspect of an egalitarian world that we dream of. And Communist organisations are based on the principles of equality and social justice and are not ‘workspaces’ in the conventional sense of the term. However, even as we dream of such a world and fight for it, the baggage of social inequalities and injustices still find their ways into the progressive spaces of mass movements and organisations. We must acknowledge that instances of sexual harassment and gender discrimination do take place within progressive spaces, including, Communist organisations. CPI(ML) Liberation is committed to ensuring an organisational space where everyone can experience equality, respect and justice, regardless of their sex or gender identity, caste, sexuality, community affiliation, ethnicity, race, language, religion and culture. Discussions within the Party led to a conclusion that a Gender Justice and Sensitisation Cell must be institutionalized within the Party- a unit which will work actively towards active gender sensitisation, prevention and redressal of sexual harassment and gender-based discrimination, and provide a safe and hassle free environment for women, sexual minorities and marginalised genders. The 11th Party Congress of the CPI (ML) Liberation, held in Patna in February 2023, passed the following resolution: “The Central Committee shall evolve an effective mechanism to further sensitize the Party on the question of gender justice. This will include constitution of a Gender Justice and Sensitisation Cell to look into complaints/appeals referred to it by the CC or directly by any complainant alleging sexual harassment by any member of a Party Committee of district level and above. State Committees shall also constitute Gender Justice and Sensitisation Cell.” This is now Article 41 of the Party Constitution.

In light of this, CPI (ML) Liberation proposed the constitution of a Gender Justice and Sensitisation Cell (GJSC) whose functioning will be guided by the GJSC Rules and Procedures document. This document has been prepared by a 9-member committee constituted by CPI(ML) Liberation which included internal (Party members) and external experts known to have been associated with the movement of gender justice and having experience in formulating policies of gender-just enquiries. 

SECTION II

1. SCOPE AND JURISDICTION

The provisions of this Rules and Procedures shall apply to all the members of the Party to the extent as specified hereinunder : 

1.1. By a member against a member of the Party, irrespective of whether sexual harassment or gender discrimination is alleged to have taken place within or outside the Party space

1.2. By a non-member of the Party against a member of the Party is alleged to have taken place within or outside the Party

1.3. In cases where a complaint is filed against a non-member of the Party, the procedure as per Section 6 of these Rules shall be followed. 

2. DEFINITIONS

2.1 “Aggrieved Person” means any member or non-member of the Party, who is a woman or a person from gender minority, who experiences any act of sexual harassment and/or gender discrimination by the respondent.

2.2 “Chairperson” means the Chairperson of the GJSC.

2.3 “Enquiry Committee ” includes the members from among the GJSC which will conduct enquiries into complaints of sexual harassment and gender discrimination.

2.4 “External Member” includes any person who is not part of the Party and is working in the sphere of gender justice.

2.5 “Gender Discrimination” covers instances of differential treatment based on a person’s gender identity or gender expression which creates discomfort, humiliation or fear, and/or places a person at a disadvantage relative to another. Gender discrimination would include deprecatory comments, slander and discrimination in the course of work/study.

2.6 “GJSC” shall refer to the Gender Justice and Sensitisation Committee against sexual harassment and gender discrimination as instituted under Article 41 of the CPI (ML) Liberation’s Constitution.

2.7 "Member" includes any person who is enrolled as a full or candidate member of the Party in any unit across India. Any unit meaning, part of any block, village, tehsil, taluk, district, state or central committees.

2.8 “Party” refers to the Communist Party of India (Marxist Leninist) Liberation, including the Polit Bureau, Central Committee, State Committees, District Committees and all units and bodies formed and constituted by its members.

2.9 “Central Control Commission” of the Party as constituted under Chapter X of the Party Constitution.

2.10 “Central Committee” of the Party as referred to under Chapter V of the Party Constitution.

2.11 “State Committee” of the Party as referred to under Chapter VI of the Party Constitution.

2.12 "Respondent" means a person against whom the Aggrieved Person has made a complaint.

2.13 “Sexual harassment” in this context, (as is described in the Supreme Court Judgement, and the GJSC), includes any unwelcome sexually determined behaviour, whether directly or by implication, and includes physical contact and advances, a demand or request for sexual favours, sexually coloured remarks, showing pornography, and other unwelcome physical, verbal or non-verbal conduct of a sexual nature. It shall include, but will not be confined to, the following:

2.13.1 When unwelcome sexual advances, requests for sexual favours, and verbal or physical conduct of a sexual nature are made, either explicitly or implicitly, a term of condition of instruction, favourable treatment, participation, or involvement in activities of the Party and/or posting of unwelcome messages/images on social media and other internet sites.

2.13.2 When unwelcome sexual advances and verbal, non-verbal, or physical conduct such as loaded comments, slander, remarks or jokes, letters, phone calls or e-mail, SMS, MMS, gestures, showing of pornography, lurid stares, physical contact or molestation, stalking, sounds or display of a derogatory nature have the purpose or effect of interfering with an individual’s performance or of creating an intimidating, hostile or offensive Party environment for any individual or group including during a festival/cultural programme.

2.13.3 It includes the creation of a hostile retaliatory environment, use of objects as extension of the sexualised body, inappropriate promise of rewards for sexual favours or implied or explicit promise of preferential or detrimental treatment (quid pro quo harassment), and any single or repeated act that creates an undesirable, uncomfortable, humiliating or hostile environment for living, working, learning, or political activity.

2.14 “Supreme Court Judgment” shall refer to the guidelines on the prevention and deterrence of sexual harassment in the workplace laid down by the Supreme Court of India on 13 August 1997 in its ruling on the Writ Petition (Criminal) Vishaka vs. State of Rajasthan and the judgment titled Apparel Export Promotion Council vs. A.K. Chopra, on 20th January 1999. Justice J. S. Verma Committee Report refer to the report by Justice J. S. Verma Committee set up by GOI after the incident of 16 December 2012 and “Work Place Act” refer to the act issued by Ministry of Law and Justice on April 23, 2013.

3. CONSTITUTION AND COMPOSITION OF GJSC

3.1 Constitution of GJSC – Central Body

The GJSC shall be constituted by the Central Committee of the Party. It shall consist of at least 7 persons including a Chairperson, who shall be a woman, and at least 1 external member. The majority of its members will be women and persons of marginalised genders.

3.2 Term of Office of GJSC – Central Body members

Every member of the GJSC – Central Body shall hold office for a period, not exceeding 5 years from the date of nomination, with an option for extension for one more term.

3.3 Constitution of GJSC at the State Level

3.3.1 A 5-member cell shall be constituted at the state level, with one Chairperson who shall be a woman and 4 members, with at least 1 member being an external member. The majority of its members will be women and persons of marginalised genders.

3.3.2 The GJSC at state level shall be nominated by the State Committee of the Party. 

3.4 Term of Office of GJSC at the State Level

Every member of the GJSC at State Level shall hold office for such a period, not exceeding 3 years from the date of nomination, with an option for extension for one more term.

3.5 Constitution of Enquiry Committee 

All enquiries into complaints shall be conducted by a 3-member ‘Enquiry Committee’ appointed from among the GJSC members at both the Central and State levels. If required, the GJSC may invite members from outside of GJSC, to be part of its 3-member Enquiry Committees.

3.6 Disqualification of Members

3.6.1 A member shall be disqualified from being appointed, elected, nominated or designated as, or for being continued as, a member of GJSC, if there is any complaint of sexual harassment and/or gender discrimination against such member, or if they have been found guilty of sexual harassment, serious misconduct, or breach of confidentiality.

3.6.2 GJSC shall take suo moto cognizance of breach of code of conduct and/or of confidentiality committed by any of its members.

3.6.3 If any member is found to be guilty of sexual harassment, serious misconduct or breach of confidentiality, the GJSC shall pass a resolution for the disqualification of such member. This resolution shall be sent to the CC for appropriate action.

3.7 Resignation of Members

A member of GJSC may resign office at any time after giving prior notice of 4 weeks, by tendering their resignation in writing to the Chairperson. Such member shall be deemed to have vacated their office after the GJSC passes a resolution accepting such resignation. If the resolution accepting the resignation has not been passed for 3 months, the resignation is deemed to have been accepted.

3.8 Filling Vacancy in GJSC

In case of vacancy in GJSC, the same shall be filled through nomination of a member by the Central Committee / State Committee, as the case may be, within 4 weeks from the date of the seat falling vacant. No act or proceedings of GJSC shall be invalidated merely by reason of a vacancy.

SECTION III

4. PROCEDURES TO BE FOLLOWED BY GJSC

4.1 Recording of Complaints

Any Aggrieved Person may make in writing, a complaint of sexual harassment or gender discrimination to the GJSC: 

a) Directly to the Chairperson or through any member of the GJSC.

b) Provided where such complaint cannot be made in writing, the Chairperson or any member of the GJSC may render all reasonable assistance to the Aggrieved Person for making the complaint in writing immediately within 24 hours.

c) The mechanism for registering complaints should be safe, accessible and sensitive and the same must be conspicuously publicised by the Party.

d) All complaints must be brought by the Aggrieved Person and must be authenticated by the Aggrieved Person.

e) In exceptional cases, where the Aggrieved Person is unable to come forward to make the complaint, Third-Party complaints may be entertained. In such cases, the GJSC will ascertain whether the Aggrieved Person wishes to lodge a formal complaint. Once such a complaint is received, the GJSC shall proceed to enquire into the complaint as per procedure specified.

4.2 Withdrawal of Complaint

The Aggrieved Person may withdraw their complaint in writing to the GJSC, at any time before or during the mediation or enquiry process, and upon the receipt of such notice for withdrawal, any and all processes initiated by the GJSC shall stand terminated, save in instances in which the Enquiry Committee is informed, has knowledge of, or has reasons to believe, that the reasons for such withdrawal are the consequences or effect of inducement, coercion and/or intimidation exerted by the Respondent(s), or any person on their behalf, on the Aggrieved Person. 

4.3 Oath of Confidentiality

4.3.1 All members of GJSC shall mandatorily sign an oath of confidentiality; any breach of confidentiality shall cause disqualification from GJSC.

4.3.2 The GJSC members or others who receive the complaint, will respect the confidentiality of the Aggrieved Person and the Respondent against whom the complaint is filed, as much as possible, except as may be reasonably necessary to successfully complete the investigation and the necessity to investigate allegations of harassment and/or gender discrimination and initiate disciplinary action when there is a reasonable belief that the conduct has occurred.

4.4 Procedure Upon Receiving Complaint 

4.4.1 All complaints must be received and recorded by a Member, who shall inform the Chairperson, who shall in turn call a meeting of the GJSC.

4.4.2 All meetings of the GJSC will be called by the Chairperson and a notice of at least 5 working days must be given for the meeting, in exceptional cases, an emergency meeting may be convened as per requirement.

4.4.3 No person who is an Aggrieved Person, witness, or Respondent or related to the Aggrieved Person or Respondent in an intimate or family relationships in the complaint of sexual harassment and/or gender discrimination shall be a member of the Enquiry Committee .

4.4.4 Within ten days of the receipt of a complaint, the GJSC must determine whether a prima facie case of sexual harassment and/or gender discrimination is made out. It shall carefully consider the complaint and may hear the Aggrieved Person and the Respondent and/or any other relevant person to determine whether an enquiry is to be instituted. If the GJSC considers it necessary to hear the Respondent at this preliminary stage, it shall issue a notice to the Respondent. 

4.4.5 Upon receipt of the complaint and determining whether a prima facie case of sexual harassment and/or gender discrimination is made out, the GJSC shall issue a restraint order, directly to the Respondent. 

4.4.6 If the GJSC finds a prima facie case of sexual harassment, it shall constitute an Enquiry Committee from among its members.

4.4.7 If the GJSC decides not to conduct an enquiry into a complaint, due to the absence of a prima facie case, it shall record the reasons for the same in the minutes of the GJSC meeting and the same shall be made available to the Aggrieved Person in writing.

4.5 Alternate Dispute Resolution 

4.5.1 Alternate Dispute Resolution refers to any means of settling disputes to help parties resolve disputes without going into an enquiry, and is non adversarial in nature, and helps to maintain co-operation, social order and provides opportunity to reduce hostility, and may include conciliation, mediation, among other methods, and shall be conducted by the members of the GJSC.

4.5.2 After the GJSC determines whether a prima facie case of sexual harassment and/or gender discrimination is made out, the GJSC may ask the Aggrieved Person if they would like to adopt alternate dispute resolution mechanism, before a formal enquiry is initiated into the complaint. The process of alternate dispute resolution is entirely voluntary and shall be at the behest of the Aggrieved Person only.

4.6 Procedure to be Followed for Enquiry 

The Enquiry Committee shall inquire into the complaint of sexual harassment and/or gender discrimination following procedures in conformity with principles of natural justice and gender sensitivity:

4.6.1 Within two days of the initiation of the enquiry proceedings, the Enquiry Committee shall issue summons, containing the details of the complaint, such as the location, date and time on which the incident is alleged to have occurred and shall issue the same to the Aggrieved Person as well as to the Respondent, along with a copy of this Rules and Procedures. The Respondent shall be furnished with a copy of the complaint. It shall also intimate the Respondent and the Aggrieved Person of the contact details of the members of the Enquiry Committee.

4.6.2 Confidentiality shall be maintained throughout the enquiry process. 

4.6.3 The procedure to be followed by the Enquiry Committee must be clearly explained to both the Aggrieved Person and the Respondent before the enquiry commences.

4.6.4 The Aggrieved Person and the Respondent shall furnish a list of witnesses, along with contact details of such witnesses, that s/he desires the Enquiry Committee to examine.

4.6.5 During the enquiry proceedings, the Aggrieved Person and/or their witnesses and the Respondent shall be called separately, so as to ensure freedom of expression and an atmosphere free of intimidation.

4.6.6 Both the Aggrieved Person and the Respondent will be allowed to be accompanied by one representative during the enquiry, and such representative shall be bound by the oath of confidentiality.

4.6.7 The Enquiry Committee may call any person to appear as a witness if it is of the opinion that it shall be in the interest of adjudication of the issues involved in the enquiry.

4.6.8 The Respondent, Aggrieved Person and witnesses shall be intimated at least 72 hours in advance in writing of the date, time and venue of the enquiry proceedings. The responsibility of communicating with the witnesses, lies with the Aggrieved Person or the Respondent, as the case maybe, regarding the date, time and venue of such meeting.

4.6.9 The venue of the enquiry should take into consideration the convenience and security of the Aggrieved Person.

4.6.10 The Enquiry Committee may summon the Respondent, Aggrieved Person and/or any witnesses for the purpose of supplementary testimony and/or clarifications.

4.6.11 The Aggrieved Person and the Respondent shall have the right of cross-examination of all witnesses. The Committee shall decide whether the cross-examination shall be in person or in the form of written questions and responses. 

4.6.12 The Enquiry Committee shall retain the right to disallow any questions that it has reason to believe to be irrelevant, mischievous, slanderous, derogatory or gender-insensitive. Any behaviour, verbal or otherwise, on part of the Respondent or their representative, that is designed to intimidate or subject the Aggrieved Person or their witnesses to mental and physical trauma, can lead the Enquiry Committee to recommend disciplinary action against the Respondent.

4.6.13 All information received in the course of the examination and enquiry into a complaint of sexual harassment and/or gender discrimination shall be held in trust by the GJSC and Enquiry Committee and strict confidentiality shall be maintained. For communication of enquiry report to Party committees, see 4.8

4.6.14 If the Enquiry Committee believes that the absence of either of the parties to the dispute is on valid grounds, the Enquiry Committee shall adjourn that particular meeting after recording reasons for the same.

4.6.15 The Enquiry Committee shall have the power to summon any official papers or documents pertaining to the complaint under enquiry, including from any of its committees, and wherein the Aggrieved Person, Respondent or witness shall provide all relevant documents available with them.

4.6.16 The Enquiry Committee may consider as relevant any earlier decisions pertaining to sexual harassment and/or gender discrimination against the Respondent. However, the past sexual history of the Aggrieved Person shall not be probed into as such information shall be deemed irrelevant to a complaint of sexual harassment/gender discrimination.

4.6.17 Any document submitted by the Aggrieved Person or the Respondent to the Enquiry Committee shall be shared with the other side, in keeping with the principle for natural justice. 

4.6.18 The Aggrieved Person and the Respondent, or any representative their behalf, shall have the right to examine written transcripts of the recordings once prepared. At no point in time, however, can the concerned parties publicise these documents outside the enquiry process.

4.6.19 The Enquiry Committee shall be sensitive to the nature of sexual harassment and/or gender discrimination and shall take into account that often the Aggrieved Person may not be able to submit/present direct or corroborative evidence.

4.6.20 The Enquiry Committee shall not permit any evidence or examination based on the Aggrieved Person’s character, personal life and sexual history.

4.6.21 The Enquiry Committee shall take note of the respective socio-economic positions of the parties, their hierarchy in the Party and other power differences while appreciating the evidence.

4.6.22 Nothing precludes the Enquiry Committee from taking cognizance of any new fact or evidence which may arise or be brought before it during the pendency of the enquiry proceedings. If a new fact or evidence is brought to the notice of the GJSC after the submission of the enquiry report to the Central Committee, the Enquiry Committee shall be reconvened to consider the same. The Aggrieved Person or the Respondent as the case may be must be provided with an opportunity to examine such new fact or evidence, before taking cognizance.

4.6.23 All Proceedings of the Enquiry Committee shall be recorded in writing. The record of the proceedings and the statement of witnesses shall be endorsed by the persons concerned in token of authenticity thereof and shared with the parties. 

4.6.24 The Enquiry Committee shall have the right to terminate the enquiry proceedings and to give an ex parte decision on the complaint, should the Respondent fail, without valid ground, to present themselves for three consecutive hearings convened by the Enquiry Committee .

4.6.25 The Enquiry Committee shall strive to complete the enquiry within 90 days from the date on which the enquiry commences, and in any case not later than 120 days. In the event of any delay in submission of the enquiry report, the reasons for the same shall be recorded in writing.

4.7 Report and Findings of the Committee 

4.7.1 After concluding its enquiry, the Enquiry Committee shall prepare a detailed and written report of its findings. The enquiry report shall specify the details of the charge(s) against the Respondent, the statement made and evidence presented in the enquiry and a discussion of the reason upon which the findings were arrived at by the Enquiry Committee .

4.7.2 No observations regarding the work and behaviour of either the Aggrieved Person or the Respondent shall be made, which are not related to the alleged act of sexual harassment and/or gender discrimination. However, the Enquiry Committee may consider as relevant any earlier proven charges of sexual harassment and/or gender discrimination against the Respondent.

4.7.3 Upon the completion of the enquiry, the Enquiry Committee shall submit a detailed report on its finding, observations and recommendations:

a) If the Enquiry Committee finds no merit in the complaint, it shall write to the GJSC giving reasons for its conclusion. The GJSC may then dismiss the complaint which was the subject of the enquiry.

b) If the Enquiry Committee finds that the complaint is proven on a balance of probabilities, it shall give a detailed and reasoned finding to that effect.

c) In the event that the Enquiry Committee finds the Respondent guilty of sexual harassment and/or gender discrimination, it may also recommend the nature of penalty to be initiated taking into consideration the gravity of the offence of which the Respondent has been found guilty and the impact on the Aggrieved Person.

d) In the event the enquiry is prematurely terminated owing to withdrawal of complaint or by placing the Respondent ex parte the same maybe recorded in detail by the Enquiry Committee.

4.7.4 After the preparation of the Enquiry Report by the Enquiry Committee, the same (along with the records and documents) shall be forwarded to the Chairperson of the GJSC who shall convene a meeting. Each member of the GJSC shall have the right to access the entire enquiry proceedings, or any part thereof. 

4.7.5 The GJSC will deliberate on the Enquiry Report and recommend action to be taken. The GJSC will recommend the nature of disciplinary action taking into consideration the gravity of the offence of which the Respondent has been found guilty and the impact on the Aggrieved Person.

4.7.6 The decision on the recommendations will be taken on a majority basis in the GJSC.

4.8 Communication of Findings

4.8.1 The Enquiry Report finalised by the GJSC shall have a timeline of events, appreciation of evidence, findings of the committee and recommendations. The Enquiry report shall not include the supporting documents used in enquiry (for example, transcripts, testimonies, messages, photographs, videos etc). These shall remain with GJSC to maintain confidentiality.

4.8.2 The GJSC will send the Enquiry Report along with its Recommendations (on further action) to the Central Committee or the concerned State Committee. 

4.8.3 Upon receipt of the Enquiry Report and the Summary of Recommendations, the Central Committee/State Committee will promptly act on the Enquiry Report.

4.8.4 The Central Committee/State Committee shall implement the recommendations of the GJSC. In case of non-implementation or modification of the said recommendations, reasons for the same shall be recorded in writing and the same shall be communicated in writing to the GJSC.

4.8.5 A copy of the Enquiry Report shall be sent to the Aggrieved Person and the Respondent by the Central Committee/State Committee.

4.8.6 The Central Committee/State Committee shall ensure that confidentiality is maintained and if communication is required to be made for implementation, it shall only forward the Summary of Recommendations to the committee/unit to which the Respondent belongs.

4.8.7 The committee/unit shall impose the disciplinary action within one month of the receipt of the Summary of Recommendations.

4.8.8 An action taken report shall be submitted by the relevant committee/unit on the implementation of the recommendation made by the GJSC, to the Central Committee/State Committee, who will then forward the same to the GJSC.

5. DISCIPLINARY ACTION

Any member found guilty of sexual harassment and/or gender discrimination shall be liable for disciplinary action. The actions listed below, in ascending order are indicative of the severity of penalty, and shall not constrain the GJSC from considering other options of penalty where it is deemed necessary after consultation of all GJSC members.

5.1 Disciplinary action, in case of Members

a. Warning or reprimand

b. Suspension from Party decision-making posts

c. Suspension from Party for a period up to one month to twelve months

d. The Respondent may be directed to attend gender sensitisation workshops

e. Expulsion/Terminating full or candidate Party membership of the member

f. In addition to the disciplinary actions specified under this section, the guilty person may be advised to undergo counselling and gender sensitisation, and to give a written and/or public apology to the Aggrieved Person.

5.2 Disciplinary action, in case of second offence

A second or repeated offence, may, on the recommendation of GJSC, attract a major penalty which the GJSC might decide upon.

5.3 Disciplinary action, in case of breach of confidentiality

In case of breach of oath of confidentiality, the GJSC might decide to warn, reprimand, suspend or recommend disciplinary action to be initiated.

6. ACTION WHEN RESPONDENT IS A NON-MEMBER

If the respondent is a non-member, then the organisation must take all necessary steps to ensure that the Member is supported to file a complaint at the appropriate forum and provide all other support needed to pursue the case. The GJSC may assist the Aggrieved Person in the following ways in case the complaint is against the Third Party/non-member:

a) Tell the Aggrieved Person about their rights and ask if they would like to file a police complaint.

b) Ask, if any assistance is required in dealing with the police complaint.

c) Ask, if any measure is required to handle the police complaint effectively, such as academic help, counselling, etc.

d) The GJSC may also offer that the complaint can be forwarded to the ICC/GJSC of the organization to which the non-member/Third Party belongs to and as to which would be the correct forum for the complaint to be registered and an enquiry to be conducted.

7. PROTECTION AGAINST VICTIMISATION

7.1 The GJSC can ask for the suspension of the Respondent from decision-making positions during the process of an enquiry against them.

7.2 A restraining order shall be issued to the Respondent upon the receipt of the complaint by the GJSC, providing details of the restraint to be exercised by the Respondent.

7.3 If a witness named by the Aggrieved Person is a Member of the Party, there should be proper mechanism put in place by the Party to protect the witness from victimisation and harassment.

7.4 If witnesses named by the Aggrieved Person and the Respondent(s) are members of the Party it should be ensured that the witnesses do not intimidate each other and Party should protect them from victimisation and harassment.

8. APPELLATE PROVISION

8.1. The Aggrieved Person and the Respondent both have the right to appeal the decision of the State or the Central GJSC. 

8.2. To appeal the decision of the State GJSC, one shall write to the State Committee. To appeal the decision of the Central GJSC, one shall write to the Central Committee of the Party (as per Article 41 of the Party Constitution).

8.3. Procedure for Appeal

The Aggrieved Person or the Respondent shall in writing submit to the Chairperson of the GJSC (Central Body) or Party Central Committee stating clearly the reasons for appeal against the findings and/or recommendations of the Enquiry Report.

8.4 Procedure for Disposal of Appeal

8.4.1 The Central GJSC or the Central Committee shall issue a notice of appeal to the parties involved in the enquiry.

8.4.2 The Central GJSC or the Central Committee shall have the power to summon any person as witness as well as any official record, if it deems fit. 

8.4.3 The Central GJSC or the Central Committee may hear and dispose the appeal on the merits of the case. If it is of the opinion that the matter needs to be further enquired into, it may send the matter to the Enquiry Committee to conduct further enquiry.

8.4.4 The Central GJSC shall send a copy of its findings and recommendations on the nature of action to be taken on the appeal within 30 days of receipt of the appeal.

SECTION IV

9. FUNCTIONS OF GJSC

9.1 Duties of GJSC 

9.1.1 To receive and take cognizance of complaints made about sexual harassment and/or gender discrimination against members of the Party.

9.1.2 To conduct enquiries into these complaints, place findings before the Central Committee/State Committee and recommend disciplinary actions against the Respondent in accordance with the rules and procedures laid down.

9.1.3 To ensure the protection against victimisation of the Aggrieved Person and witnesses during the pendency of the inquiry and till the final determination of the complaint, by advising the concerned committees/units to issue warning, suspension or any other order, if the Respondent harasses or intimidates the Aggrieved Person or the witnesses.

9.1.4 To organise and carry out programmes for gender sensitisation of members through workshops, seminars, posters, film shows, debates, etc. in every committee/unit. The role of the GJSC is not limited to enquiry process; it includes planning and organising sensitisation programmes. The GJSC places equal importance on sensitisation activities, as its mandate.

9.1.5 To organize training workshops for members and volunteers to equip them to handle sexual harassment cases (including legal and medical aspects of aid). Volunteers to GJSC will assist in the gender sensitisation, crisis management and management duties of GJSC, but shall not participate in the task of formal redressal of complaints under these Rules and Procedures of GJSC.

9.1.6 To make arrangements for appropriate legal, psychological, emotional, medical and physical support for the Aggrieved Person if they so desire by making resources available, such as providing contact numbers.

9.1.7 To work towards creating an atmosphere promoting equality, non-discrimination and gender justice and one that is free of sexual harassment and/or gender discrimination.

9.1.8 To publicise widely the Rules and Procedures against sexual harassment and gender discrimination in Hindi, English and in regional languages, and to display the same on the website and all offices of the Party.

9.1.9 The GJSC shall publicise the phone numbers of its members and the members of the Appellate Body in Hindi, English and in regional languages, and to display the same on the website and all offices of the Party and its mass organisations.

9.1.10 The GJSC shall take suo moto notice of grave violations of the basic principles of gender sensitivity and gender justice in the Party.

9.1.11 The GJSC will also actively work to develop gender sensitisation modules and materials, identify resource persons who can be contacted for workshops/seminars and conduct workshops for leading members of different bodies, so that they can use the same modules/materials to organise workshops at their respective levels/bodies. 

9.2 Crisis Management

9.2.1 GJSC will co-ordinate with the various units to devise ways and means by which a system of crisis management that is gender-sensitive as well as prompt and effective is put in place. It will maintain regular contact with the Party members and office bearers to ensure that in crises arising out of incidents of sexual harassment, GJSC members, and/or the volunteers identified by it, shall be intimated without delay.

9.2.2 GJSC will enlist and activate an adequately representative team of volunteers. GJSC shall ensure the widespread publicity of the contact details of all its members and volunteers.

9.2.3 In cases in which sexually motivated and inappropriate/unethical conduct is alleged against a Member of the Party by a Member of the Party or non-member and against a non-member of the Party by the member of the Party amounting to a specific offence under the Indian Penal Code/Bhartiya Nyay Samhita or any other Indian law, the GJSC shall assist the affected party in making a complaint to the appropriate authority outside the Party. This will be done only with the consent of the Aggrieved Person. 

9.3 Meetings of GJSC

9.3.1 GJSC shall meet at regular intervals as may be necessary provided that there is at least one meeting in two months.

9.3.2 Members shall be intimated of meetings in writing or by electronic communication. A record of intimation of meeting kept with an official of GJSC is recommended.

9.3.3 Minutes of all meetings shall be recorded, confirmed and adopted.

9.3.4 Any member of GJSC may request the Chairperson to call a meeting. The quorum for an Ordinary Meeting shall be two-third or majority of the existing members of GJSC. Motions shall be carried by a simple majority of those present and voting. In case of a tie in votes, the decisions of the chairpersons shall prevail. 

9.3.5 GJSC may bring out an Annual Report for internal circulation among the Party, which shall be sent to the Central Committee/State Committee.

10. OBLIGATIONS OF ALL PARTY ORGANISATIONS

10.1 The Party shall, through a notification after completion of the term of GJSC members will notify the names and contact details of the new members of GJSC for the members of the Party, and the fact that GJSC is the body responsible for gender sensitisation and enquiries into complaints of sexual harassment and/or gender discrimination.

10.2 The Party will strive to ensure that the Rules and Procedures is circulated widely in regional languages among various Party organisations.

10.3 The Party will ensure that all necessary cooperation in conducting trainings and workshops with regard to gender sensitisation through the GJSC. 

10.4 The Party and its members shall forward all complaints of sexual harassment and/or gender discrimination to the State GJSC or the Central CGJS.

10.5 The members of the Party shall maintain full confidentiality with respect to matters pertaining to GJSC enquiries into complaints of sexual harassment and/or gender discrimination.

11. AMENDMENTS TO THE GJSC RULES AND REGULATIONS

11.1 Amendments to the Rules and Procedures shall be effected by a decision taken in a Special Meeting of GJSC called for the purpose.

11.2 The proposed amendment(s), together with the objectives and reasons thereof, shall be recorded in writing and circulated by the proposer of the amendment(s) at least fifteen working days prior to the Special Meeting called for the purpose.

11.3 An amendment motion shall be adopted by two-thirds of the members present and voting. In the event of a tie on an amendment motion, it shall be put to vote one more time. If a tie recurs, the amendment motion shall be reconsidered by another Special Meeting to be called after at least fifteen working days.

11.4 GJSC proposal for amended rules should be placed before the Central Committee of the Party for approval.

12. MISCELLANEOUS

12.1 The provisions of these Rules and Procedures shall be duly incorporated within any other rules and regulations related to sexual harassment and/or gender discrimination as may be relevant, in keeping with principles of gender justice.

12.2 The proceedings under these Rules and Procedures shall not, in any way, be affected by any other proceedings against the Respondent preferred by the Aggrieved Person under any other provision of civil or criminal law, except to the extent specifically ordered by a court of law. 

12.3 The provisions of these Rules and Procedures shall not restrict the powers of the Party or the Aggrieved Person to proceed against the respondent for any other misconduct, or pursue criminal or civil remedies, whether or not connected with the misconduct within the purview of these rules.

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