Yes
Rule 3 C of CCS (Conduct) Rules, 1964 prohibits sexual harassment of any woman
at her workplace.
(1)
No Government Servant shall indulge in any act of sexual harassment of any
woman at her workplace.
(2) Every Government Servant who is in
charge of a workplace shall take appropriate steps toprevent
sexual harassment to any woman at such workplace.
Explanation:
For the purpose of this Rule. ‘Sexual harassment’ includes such un-welcomed
sexually determined behaviour whether directly or otherwise, as
(a)
physical contact and advances;
(b)
demand or request for sexual favour;
(c)
sexually coloured remarks;
(d)
showing any pornography; or
(e)
any other unwelcome physical, verbal or non-verbal conduct of sexual nature.
The Hon’ble Supreme Court has laid down
guidelines and norms in this matter in the case of Vishakha and Ors.Vs State of
Rajasthan & Ors (Jt.1997(7) SC 384). These guidelines and norms to be
observed to prevent sexual harassment of working woman have been circulated to
all Ministries and Departments vide DOPT’s OM No.11013/10/1997-Estt.A dated
13.02.1998. A copy of these guidelines are available on the website of Ministry
at WWW.permin.nic.in. As per the above guidelines, there should be complaints Committee, a special Counsellor or
other support service including maintenance of confidentiality.
(DOPT’s
O.M.dated 21.07.2009 and 7.8.2009)
The Complaints Committee should be headed by a woman
and not less than half of its members should be women. Further, to prevent the
possibility of any undue pressure of influence from Senior levels, such Complaints Committee should involve a third
party, either NGO or other body who is familiar with the issue of Sexual
harassment.
(enclosure
of DOPT’s O.M. dated 13th Feb., 1998)
For
inquiring into complaints made against officers of the level of Secretary,
Addl. Secretary and equivalent level of Govt. of India, a separate Complaints Committee has been set up by the
Cabinet Secretariat with the approval of the Prime Minister.
(DOPT’s
O.M.11013/10/97-Estt.A dated 13.07.2009)
For
inquiring into complaints made against officers of the level of
Secretary, Addl. Secretary and equivalent level of Govt. of India, a separate Complaints Committee has been set up by the
Cabinet Secretariat with the approval of the Prime Minister.
(DOPT’s
O.M. No.11013/3/2009-Estt.A dated 2nd Feb., 2009, Cab.Secretariat’s
O.M.501/28/1/2008-CA.V dated 26.09.2008)
No.
It is necessary to have in place at all times an effective mechanism for
dealing with cases of sexual harassment and to create awareness in this regard.
There should be Standing Committee in each organization for inquiring into any
such complaints. The ComplaintsCommittee must make an
Annual Report to the Government Department concerned of theComplaints and action taken by them. It would
also be desirable of the Committees to meet once in a quarter even of there is
no live case and review preparedness to fulfill all requirements of the
Vishakha judgment in the Department/Ministry/Organisation concerned.
(DOPT’s
O.M dated 21.07.2009, 07.08.2009, 3rd August 2009)
In
its order dated 26.04.2004 in the Writ Petition No: 173-177/1999 in the case of
Medha Kotwal and Ors.Vs UOI & Ors. the Hon’ble Supreme Court has directed
that the Reports of thecomplaints Committee
shall be deemed an enquiry Report under the CCS Rules. Thereafter, the
Disciplinary Authority will act on the report in accordance with Rules.
Sub-Rule (2) of Rule 14 of CCS (CCA) Rules, 1965 has accordingly been amended
to provide that the ComplaintsCommittee
shall be deemed to be the Inquiry Authority for the purpose of these Rules by
the Notification No. 11012/5/2001-Estt.A dated 01.07.2004 (GSR 225 dated 10th
July, 2004). In view of the said amendment made to the CCS (CCA) Rules, the
instructions contained in DOPT’s O.M.dated 12th Dec., 2002 stands modified and
the report of the ComplaintsCommittee
should be treated as an inquiry report and not a preliminary report.
(DOP&T
O.M. No.11013/3/2009-Estt. (A) Dated the 21st July, 2009]
[DOPT
OM dated 12.12.2002 as amended by O.M. dated 4.8. 2005]
The Complaint forwarded by the DA to the Complaint Committee is treated as Charge Sheet.
Specific Charge Sheet may also be made on the basis of complaints.
The Complaint Committee is the competent authority
in such cases to decide the procedure. However, since the report of the
committee is to be treated as the enquiry report under the CCS(CCA) rules and
the Disciplinary Authority is to take action on that report as per the same
rules (as mentioned at point 8 above) the procedure prescribed in Rule 14 of
the CCS (CCA) Rules are to be followed as far as practicable. [DOP&T
O.M.No.11013/3/2009-Estt.(A) dated 3rd August, 2009].
Yes,
may be given.
As
per existing Leave Rules, there is no special type of leaves that can be
granted to the aggrieved woman. However, the can be granted any of regular
leave that’s admissible to her under the provisions of CCS (Leave) Rules, 1972
(as amended from time to time). The victims of sexual harassment should have
the option to seek transfer of the perpetrator or their transfer or their own
transfer.
(DOPT’s
O.M.No 11013/10/97-Estt.A dated 13th Feb., 1998)
The existing Rules / Instructions / guidelines
/ norms / mechanisms have been formulated on the basis of direction of the
Supreme Court in the case of Vishakha & Other vs. State of Rajasthan and
Medha Kotwal Lele & Ors vs. UOI & Ors. as mentioned above. However,
Ministry of Women & Child Development have introduced a Comprehensive Bill
in the Parliament on the issue of sexual harassment at working place —
Government, Semi-Government, Private Sector as well as unorganized sectors.
After passing of the Bill in the Parliament detailed Rules vis-a-vis that Act
may be formulated by the Government.
source : http://www.gconnect.in
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