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 to prevent 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 Complaints Committee must make an Annual Report to the Government Department concerned of the Complaints
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 the complaints 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 Complaints
Committee 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 Complaints Committee 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.-
