"Sexual harassment" includes any one or more of the following acts or behaviour, (whether directly or by implication), namely:—
(i) physical contact and advances; or
(ii) demand or request for sexual favours; or
(iii) sexually coloured remarks; or
(iv) showing any pornography; or
(v) any other unwelcome physical, verbal, non-verbal conduct of a sexual nature.
The following circumstances, among other circumstances, if it occurs or is present in relation to or connected with any act or behaviour of sexual harassment may amount to sexual harassment:—
(i) implied or explicit promise of preferential treatment in employment; or
(ii) implied or explicit threat of detrimental treatment in employment; or
(iii) implied or explicit threat about her present or future employment status; or
(iv) interference with her work or creating an intimidating or offensive or hostile work environment for her; or
(v) humiliating treatment likely to affect her health or safety
"Workplace" includes:—
(i) any department, organisation, undertaking, establishment, enterprise, institution, office, branch or unit which is established, owned, controlled or wholly or substantially financed by funds provided directly or indirectly by the Government;
(ii) hospitals or nursing homes;
iii) any sports institute, stadium, sports complex or competition or games venue, whether residential or not used for training, sports or other activities relating thereto;
(iv) any place visited by the employee arising out of or during the course of employment including transportation provided by the employer for undertaking such journey;
(v) a dwelling place or a house."
The Revenue Department, Ministry of Finance of Government of India has reconstituted Internal Complaint Cell (ICC) in compliance with Supreme Court's order for prevention of sexual harassment of working women in the work place. The ICC was reconstituted by an Office Memorandum (OM) dated October 16, 2024. The ICC comprises of Himabindu Mudumbai, Vijay Rajmohan, Sunil Kumar Pandey, Manju Kak, Sudha Rani, Ritu Sahrma and Garima Mali. Himabindu Mudumbai was the chairperson and Garima Mali was the member secretary. The composition of the ICC which was reconstituted in September 9, 2024 was little different because it included Priyanka Kapoor as one of its members. Prior to this, the ICC was reconstituted by OM dated May 27, 2024.
The ICC was constituted for the first time by an OM dated September 20, 2007. The directions issued by Cabinet Secretariat dated August 7, 2009 directed that the Complaint review cell is to hold quarterly meeting of the complaint cell even if there are no complaints and review the state of preparedness to deal with such complaint reviewed as also measures to be taken to make all officers fully aware of their responsibilities in this regard. The OM of 2007 was suppressed by subsequent OM dated December 5, 2023. All concerned were advised to contact the Chairperson/Member Secretary of the Complaint Cell, for redressal of their grievances.
As per Section 4(1) of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, the Internal Complaints Committee 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.
Section 4 reads: "4. Constitution of Internal Complaints Committee.— (1) Every employer of a workplace shall, by an order in writing, constitute a Committee to be known as the “Internal Complaints Committee”:
Provided that where the offices or administrative units of the workplace are located at different places or divisional or sub-divisional level, the Internal Committee shall be constituted at all administrative units or offices.
(2) The Internal Committees shall consist of the following members to be nominated by the employer, namely: —
(a) a Presiding Officer who shall be a woman employed at a senior level at workplace from amongst the employees:
Provided that in case a senior level woman employee is not available, the Presiding Officer shall be nominated from other offices or administrative units of the workplace referred to in sub-section(1):
Provided further that in case the other offices or administrative units of the workplace do not have a senior level woman employee, the Presiding Officer shall be nominated from any other workplace of the same employer or other department or organisation;
(b) not less than two Members from amongst employees preferably committed to the cause of women or who have had experience in social work or have legal knowledge;
(c) one member from amongst non-governmental organisations or associations committed to the cause of women or a person familiar with the issues relating to sexual harassment:
(3) The Presiding Officer and every Member of the Internal Committee shall hold office for such period, not exceeding three years, from the date of their nomination as may be specified by the employer.
(4) The Member appointed from amongst the non-governmental organisations or associations shall be paid such fees or allowances for holding the proceedings of the Internal Committee, by the employer, as may be prescribed.
(5) Where the Presiding Officer or any Member of the Internal Committee, —
(a) contravenes the provisions of section 16; or
(b) has been convicted for an offence or an inquiry into an offence under any law for the time being in force is pending against him; or
(c) he has been found guilty in any disciplinary proceedings or a disciplinary proceeding is pending against him; or
(d) has so abused his position as to render his continuance in office prejudicial to the public interest, such Presiding Officer or Member, as the case may be, shall be removed from the Committee and the vacancy so created or any casual vacancy shall be filled by fresh nomination in accordance with the provisions of this section.”
In the case of Vishaka and Ors Vs State of Rajasthan and Ors (1997), the Supreme Court had laid down the guidelines and norms to be observed to prevent sexual harassment of working women. The 3-Judge bench of 27th Chief Justice J.S. Verma, Justices Sujata V. Manohar and B.N. Kripal held that " Each incident of sexual harassment of working women results in violation of fundamental rights of 'Gender Equality' and the 'Right to Life and Liberty'. It is a clear violation of the rights under Articles 14, 15 and 21 of the Constitution. One of the logical consequences of such incident is also the violation of the victim's fundamental rights under Article 19(1)(g) 'to practice any profession or to carry on any occupation, trade or business'." The judgement was authored and delivered by the 27 Chief Justice on August 13, 1997.
The immediate cause for the filing of the writ petition was an incident of brutal gang rape of a social worker in a village of Rajasthan. The incident revealed the hazards to which a working woman may be exposed and the depravity to which sexual harassment can degenerate.
In pursuance to the pronouncement of this judgement, Department of Personnel and Training took the following steps:
(i) Guidelines/ Norms of the Supreme Court were circulated by Department of Personnel & Training vide OM No. 11013/10/97-Estt.(A) dated February 13, 1998 for strict compliance by the Ministries/ Departments.
(ii) Amendments in Central Civil Services (Conduct) Rules, 1964 were also carried out by inserting the Rule 3-C declaring Sexual Harassment of Working Women as a misconduct, vide Notification No. 11013/10/97-Estt.(A) dated February 13, 1998 published in Gazette of India as G.S.R. 49 dated March 7, 1998.
(iii) Subsequently, Central Civil Services (Classification, Control & Appeal) Rules, 1965 were also amended by inserting a provision below sub-rule 2 of Rule 14 in connection with treatment of the Complaint Committee as Inquiring Authority and to follow the procedure as laid down in these Rules to hold inquiry into the complaints of Sexual Harassment. This was notified vide Notification No. 11012/5/2001-Estt.A dated July 1, 2004 published in Gazette of India vide G.S.R. No. 225 dated July 10, 2004.
Later on, the 'Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 was promulgated on April 22, 2013. The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Rules, 2013 were notified on December 9, 2013. The Act and the Rules framed thereunder provide a redressal mechanism for handling cases of sexual harassment of women at workplace.
The Consolidated Guidelines issued by Department of Personnel and Training including the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 and Handbook on Sexual Harassment of Women at Workplace provide a roadmap for securing the fundamental rights of women.
No comments:
Post a Comment