New
Delhi: A complainant in sexual harassment case will be allowed three months
paid leave and she or the charged central government employee can be
transferred to other department during the inquiry, according to Office
Memorandum F.No.11013/2/2014-Estt (A-II1) dated July 16, issued by
the Department of Personnel and Training (DoPT) in such cases.
The disciplinary authority has been
directed not to dispense with the inquiry in complaints of sexual harassment
lightly, arbitrarily or with ulterior motive or merely because the case against
the government servant is weak.
The committees for checking sexual
harassment at work place will have the powers to recommend transfer of the
aggrieved woman or the charged officer to any other workplace, and to grant
leave to the aggrieved woman up to a period of three months. “The leave will
not be deducted from her leave account,” it said.
Complaints committees have been set
up in all ministries and organisations under them in pursuance to the judgement
of the Supreme Court in the Vishakha case. These committees are to 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,” the DoPT said in its instructions.
The aggrieved woman or complainant
is required to make a complaint within three months of the incident and in case
there has been a series of incidents, three months of the last incident, it
said.
The complaints committee may,
however, extend the time limit for reasons to be recorded in writing, if it is
satisfied that the circumstances were such which prevented the complainant from
filing a complaint within the stipulated period, the DoPT guidelines said.
Sexual harassment includes physical
contact and advances, demand or request for sexual favours, sexually coloured
remarks, showing any pornography and any other unwelcome physical, verbal,
non-verbal conduct of a sexual nature.
Besides, implied or explicit promise
of preferential or detrimental treatment in employment; implied or explicit
threat about her present or future employment status; interference with her
work, creating an intimidating, offensive or hostile work environment for her;
and humiliating treatment likely to affect her health or safety may also amount
to sexual harassment, it said. .Source :PTI
***********************************
Frequently Asked Questions(FAQs)
*Courtesy: International Labour
Organisation,2014
What is Sexual Harassment?
Sexual harassment is any unwelcome sexually defined behaviour
which can range from misbehaviour of an irritating nature to the most serious
forms such as sexual abuse and assault, including rape.
The Sexual Harassment of Women (Prevention, Prohibition
and Redressal) Act 2013 defines sexual harassment to
include any one or more of the following unwelcome acts or behaviour (whether
directly or by implication) namely:
i. physical contact and advances
ii. a demand or request for sexual favours
iii. making sexually coloured remarks
iv. showing pornography
v. any other unwelcome physical, verbal or
non-verbal conduct of sexual nature.
· What
is sexual harassment at workplace?
Sexual harassment at
the workplace is any unwelcome sexually defined behaviour which has the purpose
or effect of unreasonably interfering with the individual’s work performance or
creating an intimidating, hostile, abusive or offensive working environment.
The Sexual Harassment of Women (Prevention, Prohibition
and Redressal) Act 2013 states that if the following
circumstances occur or are present in relation to, or connected
with any act or behaviour of sexual harassment, it may amount to sexual harassment
at the workplace:
I. Implied or explicit promise of preferential
treatment in her employment in her employment; or
II. Implied or explicit threat of detrimental
treatment in her 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.
· Quick checklist: Is your work
environment free from sexual harassment?
Most women themselves fail to recognize sexual harassment and
treat it as trivial and routine. Take a look at the checklist below and fill a
check mark (√) to an appropriate box.
|
Check items
|
Yes
|
No
|
|
1. You have supervisors or colleagues that you want to avoid
working together
|
||
|
2. You feel that somebody is constantly staring at you
|
||
|
3. The number of female and male workers is not well-balanced
|
||
|
4. There are times when supervisors or colleagues touch your
body
|
||
|
5. There are uncomfortable incidences at my workplace but I
tolerate it with my patience
|
||
|
6. My supervisor sometimes asks me out for dinner
|
||
|
7. I stay obedient to whatever my supervisor says as I do not
want to lose my job
|
||
|
8. I receive some jokes and comments related to my appearance
|
||
|
9. My supervisor frequently asks me about my personal life
|
||
|
10. I often receive emails irrelevant to my work from a
colleague/supervisor
|
If you have many check marks under “Yes”, your work environment
may not be free from sexual harassment. If you are in doubt, discuss with
trusted colleagues, and do not stay silent.
· What should you do if you experience sexual
harassment?
If you experience sexual harassment, take action to stop it.
Speak up at the time: Be sure to say
"NO" clearly, firmly and without smiling when you experience sexual
harassment as that is the best way to let the harasser know that his or her
behaviour is offensive. If you are asked to go places, do things, respond to questions,
or engage in situations that make you uncomfortable, say "NO"
emphatically and clearly and do not worry about offending the other person or
hurting his or her feelings. Objecting to the behaviour when it occurs helps if
you decide to file charges later.
Keep records: Keep track of
what happens in a journal or diary and keep any letters or notes or other
documents you receive. Keep copies of any offensive material at the workplace.
Write down the dates, times (including frequency of offensive encounters),
places, and an account of what happened. Write down the names of any witnesses.
Every document that you use during trial must be authenticated
by a witness. Keep this in mind during your depositions when the defense asks
you where you obtained a document. If you are not clear about where you got the
document, and who can authenticate it, you will not be able to use it during
your trial.
Take all letters of commendation, awards, thanks you's and
anything at all that will corroborate your positive job performance. Pay
special attention to documents that your superiors have provided lauding you
and your work. If possible, ask your clients, staff, and peers for letters of
commendation.
Talk to someone you can trust: Being quiet or stoic
about sexual harassment lets it continue. Talk to other co-workers, union
members, family members or friends whom you can trust. You may not be the only
one harassed by this person.
Create a witness: Inform a trusted
colleague and try to insure that s/he is an eye or ear witness to a situation
where you are being sexually harassed. This will be useful later if you chose
to file a formal complaint.
Report sexual harassment to the appropriate person in the
organization: Explore the different avenues available
to you and file a formal complaint if necessary. If your organization does not
have a policy, ensure that your employer formulates an anti-sexual harassment
policy and carries out all the connected tasks.
Get a medical check-up: If you have been raped
or physically assaulted, go for a medical check-up. Obtain a medical report.
This is important, should you decide to pursue a legal case.
· Can an aggrieved file a civil suit in a case
of sexual harassment in the workplace?
Yes, a civil suit can be filed for damages under tort laws. The
basis for filing the case would be mental anguish, physical harassment, loss of
income and employment caused by the sexual harassment.
· Under what circumstances can complaints be filed?
Complaints may be filed under the following circumstances:
· Cases involving individuals from the same
organization
· Cases that concern third party harassment,
which implies harassment from an outsider.
· Where can I
file a complaint?
o Internal Complaints Committee – if you are an aggrieved woman who has a
relationship of work with that specific organization
o Local Complaints Committee – if you are an employee from an establishment
where the Internal Complaints Committee has not been constituted due to having
less than 10 workers. In the case that the complaint is against the employer
himself/herself and the individual feels that the case may be compromised, she
can also lodge the complaint in the LCC
o For instances where the LCC may not be
immediately accessible, the Act instructs the District officer to designate one
nodal officer in every block, taluka and tehsil in rural or tribal area and
ward or municipality in the urban area, who will receive the complaint and
forward it to the concerned LCC within 7 days.
o Local police station, in case provisions under the Indian
Penal Code are applicable.
Source :
http://pib.nic.in/newsite/efeatures.aspx?relid=1231
No comments:
Post a Comment