Sexual Harassment – CG Staff News

Sexual Harassment at workplace in PSUs

Sony — Tue, 21 Mar 2017 11:10:55 +0000

‘Sexual Harassment at workplace in PSUs’

Based on the norms and guidelines laid down by the Hon’ble Supreme Court in the case of Vishakha and Others vs State of Rajasthan & Others (JT 1997 (7) SC 384) to prevent sexual harassment of working women, DPE has issued guidelines vide OM No. DPE/15(4) /98(GL-004)/GM dated 29-05-1998 to all Ministries/Departments to direct the Central Public Sector Enterprises (CPSEs) under their administrative control to make necessary amendment in their CDA (Conduct, Discipline & Appeal) Rules on the lines of the guidelines laid down by the Hon’ble Supreme Court. Further, as per the 62nd Report of the “Status of Women Government Employees, Service Conditions, Protection against exploitation, Incentives and other related issues” by the Department related Parliamentary Standing Committee on Personnel, Public Grievances, Law & Justice, DPE vide it’s OM No. 6(1)/2014-DPE(GM) dated 19-08-2014 has requested Ministries/ Departments to advise CPSEs under their control to constitute WIPS (Women in Public Sector) Cell to facilitate experience sharing, helping in confidence building and to ensure speedy redressal of their grievances including sexual harassment at workplace.

CPSEs are under the administrative control of their respective Ministries/ Departments. The complaints of individual harassment cases are dealt in accordance with CPSE’s CDA Rules and extant guidelines issued by Government from time to time. The implementation of Government instructions in CPSEs vests with the respective Board of Directors of CPSEs and its concerned Ministry / Department and as such the data on number of incidents of sexual harassment at workplace or about gender sensitization units in CPSEs is not maintained centrally in Department of Public Enterprises.

This information was given by Minister of State in the Ministry of Heavy Industries and Public Enterprises Shri Babul Supriyo in reply to a written question in the Lok Sabha today.

Source: PIB

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Central Civil Services (Conduct) Rules 1961 – Guidelines regarding prevention of sexual harassment of women at the workplace – regarding.

Sony — Tue, 27 Dec 2016 10:12:57 +0000

Central Civil Services (Conduct) Rules 1961 – Guidelines regarding prevention of sexual harassment of women at the workplace – regarding.

No.11013/7/2016-Estt.A-III
Government of India
Ministry of Personnel, Public Grievances & Pensions
Department of Personnel & Training
Establishment A-III Desk

North Block, New Delhi,
Dated the 22 nd December, 2016

OFFICE MEMORANDUM

Subject:- Central Civil Services (Conduct) Rules 1961 – Guidelines regarding prevention of sexual harassment of women at the workplace – regarding.

The undersigned is directed to refer to the DoPT OM number No.11013/2/2014-Estt.A-III, dated the 16th July, 2015 etc., vide which need for effective mechanism to ensure that inquiries in the case of allegations of sexual harassment are conducted as per the prescribed procedure and that they are monitored have been issued. Recently, a meeting was held under the Chairmanship of Minister, Women and Child Development wherein concern was expressed that the inquiries in such cases are taking unduly long time. It has, therefore, been decided that the following further steps may be taken to ensure that the inquiries are conducted expeditiously and the aggrieved women are not subjected to victimization:

(1) As already conveyed vide OM dated 2nd February, 2015 all Ministries/Departments shall include in their Annual Reports information related to the number of such cases and their disposal.

(2) As far as practicable, the inquiry in such cases should be completed within 1 month and in no case should it take more than 90 days as per the limit prescribed under the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013.

(3) It should be ensured that the aggrieved women are not victimized in connection with the complaints filed by them. For a period of five years after a decision in a proven case of sexual harassment, a watch should be kept to ensure that she is not subjected to vendetta. She should not be posted under the Respondent, or any other person where there may be a reasonable ground to believe that she may be subjected to harassment on this account. In case of any victimization the complainant may submit a representation to the Secretary in the case of Ministries/Departments and Head of the Organization in other cases. These representations should be dealt with sensitivity, in consultation with the Complaints Committee, Ministries/Departments and Head of the Organization in other cases. These representations should be dealt with sensitivity, in consultation with the Complaints Committee, and a decision taken within 15 days of the submission of the same.

(4) All Ministries/Departments shall furnish a monthly report to the Ministry of Women and Child Development giving details of number of complaints received, disposed of and action taken in the case.

sd/-
(Mukesh Chaturvedi)
Director (E)

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DoPT— Guidelines regarding prevention of sexual harassment of women at the workplace

Sony — Thu, 04 Aug 2016 03:03:24 +0000

Central Civil Services (Classification, Control and Appeal) Rules 1965 — Guidelines regarding prevention of sexual harassment of women at the workplace

F. No. 11012/5/2016-Estt.A-III
Government of India
Ministry of Personnel, Public Grievances and Pensions
Department of Personnel & Training
Establishment Division

North Block, New Delhi — 110001
Dated August 2, 2016

OFFICE MEMORANDUM

Subject: Central Civil Services (Classification, Control and Appeal) Rules 1965 — Guidelines regarding prevention of sexual harassment of women at the workplace— regarding

Undersigned is directed to say that following enactment of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 [SHWW (PPR) Act] and notification of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Rules, 2013 [SHWW (PPR) Rules] on09.12.2013, the Government notified the amendments to Central Civil Services (Conduct) Rules 1964 and Central Civil Services (Classification, Control and Appeal)Rules, 1965. The amendments and other salient features of the Act/ Rules was brought to the notice of all concerned vide Office Memorandum No. 11013/02/ 2014-Estt.A-IIIdated 27.11.2014.

2. Section 18 (1) of the SHWW(PPR) Act, 2013 provides that any person aggrieved with the recommendations made under sub section (2) of section 13 or under clause (i) or clause (ii) of sub-section (3) of section 13 or sub-section (1) or sub-section (2) of section 14 or section 17 or non-implementation of such recommendations may prefer an appeal to the court or tribunal in accordance with provisions of the service rules applicable to said person or where no such service rules exist then, without prejudice to the provisions contained in any other law for the time being in force, the person Aggrieved may prefer an appeal in such manner as may be prescribed.

3. In accordance with Section 18(i) of the SHWW (PPR) Act, 2013, it has been decided that in all cases of allegations of sexual harassment, the following procedure may be adopted:

Where a Complaint Committee has not recommended any action against the employee against whom the allegation have been made in a case involving allegations of sexual harassment, the Disciplinary Authority shall supply a copy of the Report of the Complaint Committee to the complainant and shall consider her representation, if any submitted, before coming to a final conclusion. The representation shall be deemed to be an appeal under section 18(i) of the Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013.

4. All Ministries/Departments/Offices are requested to bring the above guidelines To the notice of all Disciplinary Authorities under their control. All cases, where final Orders have not been issued may be processed as per these guidelines.

sd/-
(Mukesh Chaturvedi)
Director (E)

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Prevention of Sexual Harassment of working women at workplace – Seniority of the Chairperson of the Complaint Committee

Sony — Tue, 12 Jul 2016 10:14:01 +0000

Prevention of Sexual Harassment of working women at workplace – Seniority of the Chairperson of the Complaint Committee

F. No. 11013/2/2014-Estt.A-III
Government of India
Ministry of Personnel, Public Grievances and Pensions
Department of Personnel & Training
Establishment Division

North Block, New Delhi – 110001
Dated July 11th, 2016

OFFICE MEMORANDUM

Subject: Prevention of Sexual Harassment of working women at workplace – Seniority of the Chairperson of the Complaint Committee – regarding.

The undersigned is directed to say that many references for clarification on the rank of the Chairperson of the Complaints Committee vis a vis the employees against whom the allegations have been made in accordance with the Sexual Harassment of Women at Workplace [Prevention, Prohibition and Redressal] Act, 2013 has been examined. The draft instructions are attached. Before the instructions in the Draft O.M. are finalized, all stakeholders, Ministries / Departments are requested to offer their comments / views, if any, in this regard latest by 25th July, 2016 at the e-mail address dire-dopt@nic.in

sd/-
(Mukesh Chaturvedi)
Director (E)
Tel: 23093176

To
All Ministries/ Departments of the Government of India

F. No. Estt.A-III
Government of India
Ministry of Personnel, Public Grievances and Pension
Department of Personnel & Training
Establishment A-III Desk

North Block, New Delhi – 110001
Dated , 2016

OFFICE MEMORANDUM

Subject: Prevention of Sexual Harassment of working women at workplace – Seniority of the Chairperson of the Complaint Committee – regarding.

The undersigned is directed to say that following the enactment of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 [SHWW(PPR) Act] and notification of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal). Rules, 2013 [SHWW(PPR) Rules] on 09.12.2013, the Government notified the amendments to Central Civil Services (Conduct) Rules 1964 and Classification, Control and Appeal Rules, 1965. The amendments and other salient features of the Act/ Rules was brought to the notice of all concerned vide Office Memorandum No 11013/02/2014-Estt.A-III dated 27.11.2014.

2. As per Section 4(1) of the SHWW (PPR) Act, 2013, the Internal Complaints Committee (referred to as “Complaints Committee” hereafter) is to be set up at every workplace. As per Section 4(2), this will be headed by a woman and at least half of its members should be women. In case a woman officer of sufficiently senior level is not available in a particular office, an officer from another office may be so appointed. To prevent the possibility of any undue pressure or influence from senior levels, such Complaints Committees should involve a third party, either an NGO or some other body which is familiar with the issue of sexual harassment.

3. As per the amended Rule 14 of the CCS (CCA) Rules, 1965, in cases of sexual harassment, the inquiry is to be conducted by the Complaints Committee in that Ministry/ Department. Recently, many references for clarification on the rank of the Chairperson of the Complaints Committee vis a vis the employee against whom the allegations have been made have come to this Department. The matter has been examined in consultation with the Department of Legal Affairs and Ministry of Women & Child Development. It is clarified that the committee constituted in terms of the SHWW (PPR) Act, 2013 is legally competent to hold an inquiry into a case irrespective of the fact that the Chairperson of such Committee is lower in rank to the employee against whom the allegations have been made.

4. All Ministries/ Departments/Offices are requested to bring the above guidelines to the notice of all Disciplinary Authorities under their control.

5. Hindi version will follow.

(Mukesh Chaturvedi)
Director (E)

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Draft Guidelines regarding prevention of sexual harassment of women at the workplace

Sony — Fri, 03 Jun 2016 09:09:16 +0000

Draft Guidelines regarding prevention of sexual harassment of women at the workplace

F. No. 11012/0S/2016-Estt.A-III
Government of India
Ministry of Personnel, Public Grievances and Pensions
Department of Personnel & Training
Establishment Division

North Block, New Delhi -110001
Dated June 2, 2016

OFFICE MEMORANDUM

Subject: Central Civil Services (Conduct) Rules 1964 – Guidelines regarding prevention of sexual harassment of women at the workplace- regarding

The undersigned is directed to say that a need for providing for an appeal to the complainant in allegation of sexual harassment in accordance with the Section 18(1) of the Sexual Harassment of Women at Workplace [Prevention, Prohibition and Redressal] Rules, 2013 has been examined. The draft instructions are attached. Before the instructions in the Draft O.M.are finalized, all stakeholders, Ministries / Departments are requested to offer their comments / views, if any, in this regard latest by 21st June, 2016 at the e-mail address mp.ramarao@nic.in.

sd/-
(Mukesh Chaturvedi)
Director (E)

F. No …..
Government of India
Ministry of Personnel, Public Grievances and Pensions
Department of Personnel & Training
Establishment Division

North Block, New Delhi – 110001
Dated ,…. 2016

OFFICE MEMORANDUM

Subject: Central Civil Services (Conduct) Rules 1964 – Guidelines regarding prevention of sexual harassment of women at the workplace- regarding

Undersigned is directed to say that following enactment the promulgation of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 [SHWW(PPR)Act] and notification of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Rules, 2013 [SHWW(PPR) Rules] on 09.12.2013, the Government notified the amendments to Central Civil Services (Conduct) Rules 1964 and Classification, Control and Appeal Rules, 1965. The amendments and other salient features of the Act/ Rules was brought to the notice of all concerned vide Office Memorandum No. 11013/02/2014-Estt.A-1II dated 27.11.2014.

2. Section 18 (1) of the SHWW(PPR) Act, 2013 provides that any person aggrieved from the recommendations made under sub-section (2) of section 13 or under clause (i) or clause (ii) of sub-section (3) of section 13 or sub-section (1) or sub-section (2) of section 14 or section 17 or non-implementation of such recommendations may prefer an appeal to the court or tribunal in accordance with provisions of the service rules applicable to said person or where no such service rules exist then, without prejudice to the provisions contained in any other law for the time being in force, the person aggrieved may prefer an appeal in such manner as may be prescribed.

3. In accordance with Section 18(1) of the SHWW(PPR) Act, 2013, it has been decided that in all cases of allegations of sexual harassment, the following procedure may be
adopted:

Where a Complaint Committee has not recommended any action against the Charged Officer in a case of involving allegations of sexual harassment, the Disciplinary Authority shall supply a copy of the Report of the Complaints Committee to the complainant and shall consider her representation, if any submitted, before coming to a final conclusion. The representation shall be deemed to be an appeal under section 18(1) of the Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013.

4. All Ministries/ Departments/Offices are requested to bring the above guidelines to the notice of all Disciplinary Authorities under their control. All cases, where final orders have not been issued may be processed as per these guidelines.

5. Hindi version will follow.

(Mukesh Chaturvedi)
Director (E)

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