SEXUAL HARRASSMENT OF WOMEN IN THE WORK PLACE – FAQ ON REMEDIAL MEASURES
1. Whether there is any Rule for Prohibition of Sexual harassment of Working Woman?
Yes Rule 3 C of CCS (Conduct) Rules, 1964 prohibits sexual harassment of any woman at her workplace.
(1) No Government Servant shall indulge in any act of sexual harassment of any woman at her workplace.
(2)
Every Government Servant who is in charge of a workplace shall take
appropriate steps to prevent sexual harassment to any woman at such
workplace.
Explanation:
For the purpose of this Rule. ‘Sexual harassment’ includes such
un-welcomed sexually determined behaviour whether directly or otherwise,
as
(a) physical contact and advances;
(b) demand or request for sexual favour;
(c) sexually coloured remarks;
(d) showing any pornography; or
The
Hon’ble Supreme Court has laid down guidelines and norms in this matter
in the case of Vishakha and Ors.Vs State of Rajasthan & Ors
(Jt.1997(7) SC 384). These guidelines and norms to be observed to
prevent sexual harassment of working woman have been circulated to all
Ministries and Departments vide DOPT’s OM No.11013/10/1997-Estt.A dated
13.02.1998. A copy of these guidelines are available on the website of
Ministry at WWW.permin.nic.in. As per the above guidelines, there should
be complaints Committee, a special Counsellor or other support service
including maintenance of confidentiality.
(DOPT’s O.M.dated 21.07.2009 and 7.8.2009)
The
Complaints Committee should be headed by a woman and not less than half
of its members should be women. Further, to prevent the possibility of
any undue pressure of influence from Senior levels, such Complaints
Committee should involve a third party, either NGO or other body who is
familiar with the issue of Sexual harassment.
(enclosure of DOPT’s O.M. dated 13th Feb., 1998)
For
inquiring into complaints made against officers of the level of
Secretary, Addl. Secretary and equivalent level of Govt. of India, a
separate Complaints Committee has been set up by the Cabinet Secretariat
with the approval of the Prime Minister.
(DOPT’s O.M.11013/10/97-Estt.A dated 13.07.2009)
For
inquiring into complaints made against officers of the level of
Secretary, Addl. Secretary and equivalent level of Govt. of India, a
separate Complaints Committee has been set up by the Cabinet Secretariat
with the approval of the Prime Minister.
(DOPT’s O.M. No.11013/3/2009-Estt.A dated 2nd Feb., 2009, Cab.Secretariat’s O.M.501/28/1/2008-CA.V dated 26.09.2008)
No.
It is necessary to have in place at all times an effective mechanism
for dealing with cases of sexual harassment and to create awareness in
this regard. There should be Standing Committee in each organization for
inquiring into any such complaints. The Complaints Committee must make
an Annual Report to the Government Department concerned of the
Complaints and action taken by them. It would also be desirable of the
Committees to meet once in a quarter even of there is no live case and
review preparedness to fulfill all requirements of the Vishakha judgment
in the Department/Ministry/Organisation concerned.
(DOPT’s O.M dated 21.07.2009, 07.08.2009, 3rd August 2009)
In
its order dated 26.04.2004 in the Writ Petition No: 173-177/1999 in the
case of Medha Kotwal and Ors.Vs UOI & Ors. the Hon’ble Supreme
Court has directed that the Reports of the complaints Committee shall be
deemed an enquiry Report under the CCS Rules. Thereafter, the
Disciplinary Authority will act on the report in accordance with Rules.
Sub-Rule (2) of Rule 14 of CCS (CCA) Rules, 1965 has accordingly been
amended to provide that the Complaints Committee shall be deemed to be
the Inquiry Authority for the purpose of these Rules by the Notification
No. 11012/5/2001-Estt.A dated 01.07.2004 (GSR 225 dated 10th July,
2004). In view of the said amendment made to the CCS (CCA) Rules, the
instructions contained in DOPT’s O.M.dated 12th Dec., 2002 stands
modified and the report of the Complaints Committee should be treated as
an inquiry report and not a preliminary report.
(DOP&T O.M. No.11013/3/2009-Estt. (A) Dated the 21st July, 2009]
[DOPT OM dated 12.12.2002 as amended by O.M. dated 4.8. 2005]
The Complaint forwarded
by the DA to the Complaint Committee is treated as Charge Sheet.
Specific Charge Sheet may also be made on the basis of complaints.
The
Complaint Committee is the competent authority in such cases to decide
the procedure. However, since the report of the committee is to be
treated as the enquiry report under the CCS(CCA) rules and the
Disciplinary Authority is to take action on that report as per the same
rules (as mentioned at point 8 above) the procedure prescribed in Rule
14 of the CCS (CCA) Rules are to be followed as far as practicable.
[DOP&T O.M.No.11013/3/2009-Estt.(A) dated 3rd August, 2009].
Yes, may be given.
As
per existing Leave Rules, there is no special type of leaves that can
be granted to the aggrieved woman. However, the can be granted any of
regular leave that’s admissible to her under the provisions of CCS
(Leave) Rules, 1972 (as amended from time to time). The victims of
sexual harassment should have the option to seek transfer of the
perpetrator or their transfer or their own transfer.
(DOPT’s O.M.No 11013/10/97-Estt.A dated 13th Feb., 1998)
The
existing Rules / Instructions / guidelines / norms / mechanisms have
been formulated on the basis of direction of the Supreme Court in the
case of Vishakha & Other vs. State of Rajasthan and Medha Kotwal
Lele & Ors vs. UOI & Ors. as mentioned above. However, Ministry
of Women & Child Development have introduced a Comprehensive Bill in
the Parliament on the issue of sexual harassment at working place —
Government, Semi-Government, Private Sector as well as unorganized
sectors. After passing of the Bill in the Parliament detailed Rules
vis-a-vis that Act may be formulated by the Government.-
Courtesy : http://katiharho.blogspot.in/
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