Gender Sensitization

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

Vishaka Guidelines…. The State/employer should – – ensure dignity of women at work – create awareness about sexual harassment at workplace – devise effective redress mechanism Moving from ‘violation of modesty’ to ‘violation of right to equality’ Inclusion of a third party in the Redress mechanisms NGOs Formation of Complaints Committee in each Department/Organization

CCS (Conduct) Rules 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’

Amendment -- CCS(CCA)Rules1965 – Rule 14 (2) of the CCS (CCA) Rules 1965 says- “……..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 ”

Recent Act on 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

Recent Act Work Place ….. – Any place of work – Office,Branch,Unit – Both Physical and cyber space – Phone, ,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

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

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

Complaints Committee Aggrieved woman should make a complaint within 3 months of the incident – Committee can relax this limit if its 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

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)

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

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

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

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

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 given