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GENDER SENSITISATION

Difference between Sex and Gender SexGender Biological difference between Women and Men Culturally- specific set of characteristics that explains the social behaviour of Women and Men 3

Sex v/s Gender SexGender Biological Socially constructed Born with Not born with Cannot be changed Can be changed Examples: -Only women can give birth - Only Men can supply Sperm Examples: -Women can do the same job as men - Men can take care of children 4

What is Gender Sensitisation? Modification of behaviour by raising awareness of Gender equality concerns Changing behaviour and instilling empathy into the views that we hold about our own and the other sex

Legal Context Prevention and Redressal of Sexual Harassment Constitution of India;  Article 14 to 18 – Right to Equality  Article 19 to 22 – Right to Freedom  Article 32 to 35 – Constitutional remedies for enforcement of Fundamental Rights  Article 51(A) of Constitution of India makes it a duty of every citizen to renounce practices derogatory to the dignity of women

Legal Context Prevention and Redressal of Sexual Harassment Indian Penal Code;  Section 294 – For Obscence acts and songs  Section 354 – Assault or criminal force to woman with intent to outrage her modesty  Section 509 – Word, gesture or act intended to insult the modesty of a woman

Sexual Harassment Rule 3-C of CCS(Conduct) Rules defines sexual harassment as;  Physical contact and advances  Demand or request for sexual favours  Sexually coloured remarks  Showning pornography  Any other unwelcome physical, verbal or non-verbal conduct of sexual nature

Sexual Harassment Implied or explicit promise or preferential treatment in employment Implied or explicit threat of detrimental treatment in employment Implied or explicit threat about present or future employment status Interference with work or creating an intimidating or offensive or hostile work environment Humiliating treatment likely to affect her health or safety

Salient features of the Act Every employer of the workplace shall constitute a committee known as “Internal Complaints Committee” consisting of; a.Presiding Officer, a woman Senior Level Officer a.Two other members preferably committed to the cause of women or who have had the experience in social work or have legal knowledge a.One member from NGO The committee shall have the same power as are vested in a civil court

Complaint of sexual harassment Any aggrieved woman may make a complaint of sexual harassment a.Within a period of three months from the date of incident a.In case of series of incidents, within a period of three months from the date of last incident

Conciliation The internal committee may settle the matter through conciliation Before initiating an inquiry At the request of the aggrieved woman No monetary settlement shall be made on the basis of conciliation

Action during pendency of inquiry At the written request of the aggrieved official Recommend transfer the aggrieved women or the respondent to any other workplace Grant leave to the aggrieved woman Grant any other relief as may be prescribed

Punishment for false or malicious complaint If the committee arrives at a conclusion that the allegation against the respondent is false That the aggrieved woman has made the complaint knowing it to be false That the aggrieved woman has produced any forged or misleading document The committee may recommend action against the complainant

Duties of the employer Provide safe working environment at workplace Display details of the Local Complaints Committee Display the penalties which can be awarded in such cases Assist Complainant in filing a written complaint Sensitize employees through workshops and training programs Cooperate with the enquiry proceedings of the Complaints Committee Train colleagues on how to identify & deal with sexual harassment Assist aggrieved woman employee to file a complaint with the appropriate Police authority (if need arises or the Complainant desires so) Treat sexual harassment as a misconduct and initiate action accordingly

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 ( *)-Revised provisions as per the Sexual harassment at Workplace Act 2013 are yet to be received & Ministry of WCD is developing certain rules for process to be followed at enquiry

Procedure Complaints are received at different levels- – Office In charge – Divisional Head – Regional Office – Circle Office – Directly to the Chairperson Preliminary enquiry – Should be conducted through responsible officer – Preferably a lady officer, not working in the same sub division – Report, along with documents in original, to be 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 Complaint should be forwarded to the Committee after conducting a preliminary enquiry

Procedure 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 given

Common Lapses - committed by us on receipt of a complaint Common reactions – Denial – Ignore – Mud slinging & Finger pointing – Cover Up Preliminary enquiry – Delayed enquiry – Incomplete enquiry – Lack of documentary evidences – Lack of witnesses – Impermissible evidences Delay in forwarding report Conduct of enquiry in public crowded places Cause minimum displacement/travel to attend enquiry Prejudiced & pre - conceived notions

Proactive Measures Become legally literate, Understand your rights & Educate others Carry out safety audits in your workplace Display details about the Committee, penal provisions prominently at your workplace Do not be a mute witness to harassment/violence - Reach out to someone who needs support Read, think, discuss about gender violence and sexual harassment Participate in social initiatives (*) – Forum discussions, workshops etc Assist your subordinates/colleagues in filing a complaint (*) Limited by the provisions in the Conduct Rules 1965

Proactive Measures Do not view sexual harassment as personal injury/problem View sexual harassment as an infringement of Constitutional rights Move from ‘the way things are’ to ‘the way things should be’ Speak up against sexual harassment at workplace Understand the importance of documentation Understand that workplace sexual harassment demeans, intimidates, offends, excludes & limits women

Assignment Please elaborate if the provisions of Rule 14 can be adopted strictly while enquiring complaints of sexual harassment. What are the provisions of Rule 14 which can be strictly adopted while enquiring sexual harassment cases and why? What are the provisions that cannot be strictly followed and why? Please formulate separate provisions for enquiries by Complaints Committee within the purview of Rule 14 (2) of the CCS (CCA) Rules in conformation with the recently enacted provisions Provisions which, you feel, should be adopted by the DoP with regard to successful implementation of the Act

It is time to change the script…script

THANK YOU