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

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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

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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