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 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

• 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 22.04.13
• 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,email,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

Complaints Committee

• Atleast one member will preferably have a legal background

• Atleast one member will belong to Scheduled Castes/Tribes or the

backward classes

• Members will hold office for 3 years

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
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
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

• Enquiry conducted by the Committee in the presence of the

delinquent government servant
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