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SEXUAL HARASSMENT

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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
  • Filled a legal vacuum & formulated alternate mechanisms which
    • were pro active & prioritized ‘prevention’
    • were binding on all workplaces
    • created accountability

to redress the issue sexual harassment of women at workplace

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Vishaka Guidelines….

  • The State/employer should –
    • ensure dignity of women at work
    • create awareness about sexual harassment at workplace
    • devise effective redress mechanism

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  • Moving from ‘violation of modesty’ to ‘violation of right to equality’

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  • Inclusion of a third party in the Redress mechanisms NGOs
  • Formation of Complaints Committee in each Department/Organization

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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

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  • Sexual Harassment was identified as a ‘Misconduct’

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Amendment -- CCS(CCA)Rules1965

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    • Rule 14 (2) of the CCS (CCA) Rules 1965 says-

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“……..Provided that where there is a complaint of sexual harassment within the meaning of Rule 3 (C) of the CCS (Conduct) Rules 1964, the Complaints Committee established in each Ministry or Department or Office for inquiring into such COMPLAINTS, shall be deemed to be the inquiring authority appointed”

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Recent Act on 22.04.13

  • Sexual harassment of women at workplace (Prevention, Prohibition and Redressal) Act 2013

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  • Woman enters the workplace who can be
    • client
    • customer
    • apprentice
    • daily wage earner or
    • worker in ad-hoc capacity

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Recent Act

  • Work Place …..

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    • 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

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  • Employee…..

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    • Regular
    • Temporary
    • Ad hoc
    • Daily wage
    • GDS

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Complaints Committee

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  • Every employer is required to constitute an Internal Complaints Committee

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  • 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

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  • Atleast one half of all such Committees will be women members

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Current set up – DoP

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  • Every Circle has a Complaints Committee

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  • 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

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Complaints Committee

  • Aggrieved woman should make a complaint within 3 months of the incident

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    • Committee can relax this limit if its convinced about the reason for delay
    • Reason to be recorded in writing

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  • Other persons or legal heir can make a complaint on behalf of the aggrieved woman

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Complaints Committee

  • Aggrieved woman can request for conciliation

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  • No monetary settlement (as a part of conciliation)

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  • 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)

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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

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  • Employer should take action on the report within 60 days of receipt of the report

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  • Action against the Complainant & the Witnesses for
    • Malicious complaints
    • False allegations
    • Production of forged/misleading documents

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Complaints Committee

  • Inability to substantiate should not be treated as a malicious complaint

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  • Malicious intent should be established after a suitable enquiry

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  • Contents of the Complaint and inquiry proceedings should not be made public

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Action on complaints�

  • Complaints are received at different levels-
    • Office In charge
    • Divisional Head
    • Regional Office
    • Circle Office
    • Directly to the Chairperson

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  • Preliminary enquiry conducted on the through responsible officer
    • Preferably a lady officer, not working in the same sub division

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Action on complaints

  • Preliminary enquiry report, along with documents in original are forwarded to the Committee

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  • If prima facie case of sexual harassment exists, Committee will conduct further enquiry

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Action on complaints

  • Procedures in Rule 14 enquiry adopted ‘as practicable as possible’

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  • Enquiry report
    • prepared & signed by the Committee members
    • contains conclusions and recommendations of the Committee
    • is forwarded to the Disciplinary authority for action

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  • Delinquent official is given a copy of the report for his representation

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  • Any penalty specified under Rule 11 of the CCS (CCA) Rules can be given

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