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Gender Sensitization
2.6.1
Vishaka Guidelines
• Outcome of the Case filed by 5 NGOs against the State of Rajasthan
• Famously known as the Vishaka Vs State of Rajasthan case
• Hon’ble Supreme Court issued several guidelines to be mandatorily followed by Govt
2.6.1
Vishaka Guidelines….
• The State/employer should –– ensure dignity of women at work– create awareness about sexual harassment at
workplace– devise effective redress mechanism
• Inclusion of a third party in the Redress mechanisms NGOs
• Formation of Complaints Committee in each Department/Organization
2.6.1
CCS (Conduct) Rules 1964
• 5 forms of Sexual Harassment at workplace were listed – Physical contact or advances– Demand for sexual favours– Sexually coloured remarks– Showing pornography– Any other unwelcome, physical, verbal, non
verbal conduct of sexual nature
• Sexual Harassment was identified as a ‘Misconduct’
2.6.1
Recent Act on 22.04.13
• Sexual harassment of women at workplace (Prevention, Prohibition and Redressal) Act 2013
• Woman enters the workplace who can be– client– customer– apprentice – daily wage earner or – worker in ad-hoc capacity
2.6.1
Recent Act• Work Place …..
– Any place of work– Office,Branch,Unit– Both Physical and cyber space – Phone,email,SMS,On line Chat,Skpye etc.,
– Visited by the employee during the course of employment including the transportation
• Employee…..
– Regular– Temporary– Ad hoc– Daily wage– GDS
2.6.1
Complaints Committee
• Every employer is required to constitute an Internal Complaints Committee
• Setting up of Local Complaints Committee (LCC) – to be constituted by the designated District Officer
at the district or sub-district levels, depending upon the need
• Atleast one half of all such Committees will be women members
2.6.1
Complaints Committee
• Atleast one member will preferably have a legal background
• Atleast one member will belong to Scheduled Castes/Tribes or the backward classes
• Members will hold office for 3 years
2.6.1
Complaints Committee
• Aggrieved woman should make a complaint within 3 months of the incident
– Committee can relax this limit if it is convinced about the reason for delay
– Reason to be recorded in writing
• Other persons or legal heir can make a complaint on behalf of the aggrieved woman
2.6.1
Complaints Committee
• Aggrieved woman can request for conciliation
• No monetary settlement (as a part of conciliation)
• Interim measures – Transfer of either of the parties to another
workplace– Grant of leave up to 3 months– Any other relief (as requested by the Complainant)
2.6.1
Complaints Committee
• The Committee should – complete its enquiry within 90 days of the
complaint– submit its report within 10 days of completion of
the enquiry
• Employer should take action on the report within 60 days of receipt of the report
• Action against the Complainant & the Witnesses for – Malicious complaints – False allegations – Production of forged/misleading documents 2.6.1
Complaints Committee
• Inability to substantiate should not be treated as a malicious complaint
• Malicious intent should be established after a suitable enquiry
• Contents of the Complaint and inquiry proceedings should not be made public
2.6.1
Current set up – DoP
• Every Circle has a Complaints Committee
• Composition of the Committee- – Chairperson – Lady Officer, JAG and above rank– 2 women members – IP and above– 1 male member – PS Gr B and above– 1 ex-officio member – reputed NGOs working for
the cause of women’s empowerment
2.6.1
Action on complaints
• Complaints are received at different levels- – Office In charge– Divisional Head– Regional Office– Circle Office– Directly to the Chairperson
• Preliminary enquiry conducted on the through responsible officer – Preferably a lady officer, not working in the same
sub division
2.6.1
Action on complaints
• Preliminary enquiry report, along with documents in original are forwarded to the Committee
• If prima facie case of sexual harassment exists, Committee will conduct further enquiry
• Enquiry conducted by the Committee in the presence of the delinquent government servant
2.6.1
Action on complaints
• Procedures in Rule 14 enquiry adopted ‘as practicable as possible’
• Enquiry report – prepared & signed by the Committee members– contains conclusions and recommendations of the
Committee – is forwarded to the Disciplinary authority for action
• Delinquent official is given a copy of the report for his representation
• Any penalty specified under Rule 11 of the CCS (CCA) Rules can be given2.6.1
• Thank You
2.6.1
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