Complaints committee to address sexual harassment of women employee at work place
DIPR
DIMAPUR, SEPTEMBER 2
AS per its notification dated 29th May 2013, the Nagaland government has constituted State Level Complaints Committee and District Level Complaints Committees for redressal of complaints relating to sexual harassment of women employees of the State at their work places. Commissioner, Nagaland, Banuo Z Jamir will head the state level committee as the Chairperson. Commissioner & Secretary, School Education, Imkonglemba, Secretary Excise and Women Development Ramongo Lotha, Additional Secretary (Home) Lithrongla G Chishi, Additional Secretary Law & Justice Khanrinla T Koza and Hekani Jakhalu, Advocate, are the members of the committee while Secretary P&AR Renboni Mozhui is the Member Secretary.
The District Level Committees will be headed by DCs of the districts concerned as chairperson and he/she will be assisted by District Welfare Officers, District Public Relations Officers and one representative from local women organization of the districts concerned as members and one lady administrative officer to be nominated by DCs as Member Secretary.
Terms and conditions
The Committee shall receive complaint from any women employee through its Secretary of the State Government who is a victim of sexual harassment at her work place and cause an enquiry into the complaint and suggest measures to redress the complaint.
The Committee will take measures to create awareness of the rights of female employees in this regard by prominently notifying the guidelines in a suitable manner and other suitable awareness campaigns.
Complaints Committee will be deemed to be inquiring authority for the purposes of Central/State Civil Services (Conduct) Rules and the report of the Complaints Committee shall be deemed to be an inquiry report under the rules. Thereafter, the disciplinary authority will act on the report in accordance with the rules.
The Complaints Committee shall submit an annual report to the Department of Personnel & Administrative Reforms with details of the complaints, if any, made to it and the action thereof.
Supreme Guidelines
Mentioned may be made that the Chairperson of the State Complaints Committee Banuo Z. Jamir in a discussion relating to sexual harassment in AHOD/HOD meeting held on August 23 had given direction that all the district offices as well as the Directorates of the Government departments should form the Complaints Committee at its own levels.
She highlighted the guidelines of the Supreme Court wherein as per the Vishaka guidelines have given direction to the State Legislature to enact, legislate and make provisions for protecting the Rights of women from being harassed during the course of employment in their working places. The Supreme Court guidelines were as the outcome of the latest Writ Petition Judgement in the case of Medha Kotwal Lele and others versus Union of India and others under T.C. (C) No. 21 of 2001 Civil Appeal No. 5009 of 2006, Civil Appeal No. 5010 of 2006.
Vishaka guidelines require the employees at workplaces as well as other responsible persons or institutions to observe them and ensure the prevention of sexual harassment to women. These guidelines read as under:
Duty of the employer or other responsible persons in workplaces and other institutions
It shall be the duty of the employer or other responsible persons in work places or other institutions to prevent or deter the commission of acts of sexual harassment and to provide the procedures for the resolution, settlement or prosecution of acts of sexual harassment by taking all steps required.
For this purpose, sexual harassment includes such unwelcome sexually determined behaviour (whether directly or by implication) such as
(a physical contact and advances
(b) a demand or request for sexual
favours
(c) sexually-coloured remarks
(d) showing pornography
(e) Any other unwelcomed physical,
verbal or non-verbal conduct of
sexual nature.
Where any of these acts is committed in circumstances whereunder the citim of such conduct has a reasonable apprehension that in relation to the victim’s employment or work whether she drawing salary, or honorarium or ‘Voluntary, whether in government, public or private enterprise such conduct can be humiliating and may constitute a health and safety problem. It s discriminatory for instance when the women has reasonable grounds to believe that her objection would disadvantage her in connection with her employment or work including recruiting or promotion or when it creates a hostile work environment. Adverse consequences might be visited if the victim does not consent to the conduct in question or raises any objection thereto.
All employers or persons in charge of workplace whether in the public or private sector should take appropriate steps to prevent sexual harassment. Without prejudice to the generality of this obligation they should take the following steps:
(a) Express prohibition of sexual harassment as defined above at the workplace should be notified, published and circulated in appropriate ways.
(a) The rules/regulations of government and public sector bodies relating to conduct and discipline should include rules/regulations prohibiting sexual harassment and provide
for appropriate penalties in such rules against the offender.
(c) As regards private employers steps should be taken to include the aforesaid prohibitions in the standing orders under the Industrial Employment (Standing Orders) Act, 1946.
(d) Appropriate work conditions should be provided in respect of work, leisure, health and hygiene to further ensure that there is no hostile environment towards women at workplaces and no woman employee should have reasonable grounds to believe that she is disadvantaged in connection with her employment.
Where such conduct amounts to a specific offence under the Indian Penal Code or under any other law, the employer shall initiate appropriate action in accordance with law by making a complaint with the appropriate authority.
In particular, it should ensure that victims, or witnesses are not victimized or discriminated against while dealing with complaints of sexual harassment. The victims of sexual harassment should have the option to seek transfer of the perpetrator or their own transfer.
Where such conduct amounts to misconduct in employment as, defined by the relevant service rules, appropriate disciplinary action should be initiated by the employer in accordance with those rules.
Whether or not such conduct constitutes an offence under law or a breach of service rules, an appropriate complaint mechanism should be created in the employer’s organization for redress of the complaint made by the victim. Such complaint mechanism should ensure time-bound treatment of complaints.
The complaint mechanism, referred to in (6) above, should be adequate to provide, where necessary, a Complaints Committee, a special counsellor or other support service, including the maintenance of confidentiality.
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 or 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.
The Complaints Committee must make an annual report to the Government Department concerned of the complaints and action taken by them.
The employers and person-in-charge will also report on the compliance with the aforesaid guidelines including on the reports of the Complaints Committee to the Government Department.
Employees should be allowed to raise issues of sexual harassment at workers’ meeting and in other appropriate forum and it should be affirmatively discussed in employer- employee meetings.
Awareness of the rights of female employees in this regard should be created in particular by prominently notifying the guidelines (and appropriate legislation when enacted on the subject) in a suitable manner.
Where sexual harassment occurs as a result of an act or omission by any third party or outsider the employer and person-in-charge will take all steps necessary and reasonable to assist the affected person in terms of support and preventive action.
The Central/State Governments are requested to consider adopting suitable measures including legislation to ensure that the guidelines laid down by this order are also observed by the employers in private sector.
These guidelines will not prejudice any rights available under the Protection of Human Rights Act, 1993.
