RBE No. 16/2010: Sexual Harassment – Inquiry

No.E(D&A)2009GS1-9, dated 20.01.2010

Sub: Guidelines regarding prevention of sexual harassment of working women in the work place.

1.     A copy of DOP&T’s Office Memorandum No.11013/3/2009-Estt.A, dated 21.07.2009 on the above subject is sent herewith. Contents of this OM may please be brought to the notice of all concerned for their information and strict compliance. The word ‘no’ appearing in line 4 of item (v) of the OM dated 21.07.2009 may, however, be treated as deleted. The number of the last para of the OM may also be read as (2) in place of (3). The provisions of DOP&T’s OM of 13.02.1998 and the Cabinet Secretariat’s Order No.1, dated 26.09.2008, referred to in the introductory para and item (vi) of the aforesaid OM dated 21.07.2009, have been circulated on the Railways under Board’s letter No.E(D&A)97 GS 1-4, dated 01.07.1998 (RBE No. 148/1998) and No.E(D&A)2008 GS1-6, dated 19.11.2008 (RBE No. 182/2008). An amendment corresponding to Rule 14(2) of the Central Civil Services (Classification, Control and Appeal) Rules, 1965 mentioned in item (v) of the OM dated 21.07.2009 has been carried out in the Rule 9(2) of the Railway Servants (Discipline and Appeal) Rules, 1968 also.

2.     A copy of the DOP&T’s Office Memorandum of same number dated 03.08.2009 in the matter is also sent herewith for information and strict compliance by all concerned. In this connection, attention is also invited to DO letter No.E(D&A)2008 GS1-6, dated 24.09.2009 of the Board (Member Staff).

Please acknowledge receipt

Ministry of Personnel, Public Grievances and Pensions

Department of Personnel and Training

No.11013/3/2009-Estt.A, dated 21st July, 2009

OFFICE MEMORANDUM

Sub: CCS (Conduct) Rules, 1964 – Guidelines regarding prevention of sexual harassment of working women in the workplace.

1.The understand is directed to refer to Department of Personnel and Training’s OM No.11013/10/97-Estt.(A), dated 13.02.1998 and 13.07.1999, OM No.11013/11/2001-Estt.(A), dated 12.12.2002 and 04.08.2005 and OM No.11013/3/2009-Estt.(A), dated 02.02.2009 on the above-mentioned subject and to say that it is necessary to have in place all at all times an effective Compliant Mechanism for dealing with cases of sexual harassment of working women and to create awareness in this regard, particularly amongst working women. The salient features of the Compliant Mechanism and inquiry procedure are as follows:-

(a)  Physical contact and advances;

(b)  Demand or request for sexual favours;

(c)  Sexually coloured remarks;

(d)  Showing any pornography; or

(e)  Any other unwelcome physical, verbal or non-verbal conduct of a sexual nature.

(ii)    Whether or not such conduct constitutes an offence under law or a breach of the service rules, an appropriate compliant mechanism should be created in the employer’s organization for redress of the complaint made by the victim. Such compliant mechanism should ensure time bound treatment of complaints. 

(iii)   The compliant mechanism should be adequate to provide, where necessary, a Complaints Committee, a special councellor or other support service, including the maintenance of confidentiality.

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.

(iv)   The Committee constituted for redressal of the complaints by the victims of sexual harassment should be headed by an officer sufficiently higher in rank so as to lend credibility to the investigations.

(v)   The Complaints Committee established in each Ministry or Department or Office for inquiring into complaints of sexual harassment shall be deemed to be the Inquiring Authority appointed by the Disciplinary Authority and that the Complaints Committee shall hold, if no separate procedure has not been prescribed for the Complaints Committee for holding the enquiry into such complaints, the inquiry, as far as practicable in accordance with the procedure laid down in the said rules. [In 2004 a proviso was added to rule 14(2) of the Central Civil Services (Classification, Control and Appeal) Rules, 1965 (copy enclosed) to this effect].

(vi)   The Complaints Committee in terms of Cabinet Secretariat’s Order No.1, dated 26.09.2008 will inquire into components made against officers of the level of Secretary and Additional Secretary and equivalent level in the Government of India in the Ministries/ Departments and Organizations directly under the control of the Central Government (other than the Central PSUs). The existing Complaints Committee established in each Ministry or Department or Office will inquire into complaints of sexual harassment against only those Government servants who are not covered by the Cabinet Secretariat’s Order No.1, dated 26.09.2008.

(vii)  It may be ensured that the Complaints Committee shall at all times be in existence and changes in its composition, whenever necessary, should be made promptly and adequately publicized. The composition of the Complaints Committee be also posted on the websites of the concerned Ministries/ Departments/ Offices concerned. 

3.     All Ministries/ Departments are requested to bring the foregoing to the notice of all concerned. 

Provisions of Rule 14(2) of the Central Civil Services (Classification, Control and Appeal) Rules, 1965:-

14(2) Whenever the disciplinary authority is of the opinion that there are grounds for inquiring into the truth of any imputation of misconduct or misbehavior against a Government servant, it may itself enquire into, or, appoint under this rule or under the provisions of the Public Servants (Inquiries) Act, 1850, as the case may be, an authority to inquire into the truth thereof.

Provided that where there is a complaint of sexual harassment within the meaning of Rule 3C of the Central Civil Services (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.

Ministry of Personnel, Public Grievances and Pensions

Department of Personnel and Training

No.11013/3/2009-Estt.A, dated 3rd August, 2009

OFFICE MEMORANDUM

Sub: CCS (Conduct) Rules, 1964 – Guidelines regarding prevention of sexual harassment of working women in the workplace.

1. In continuation of Ministry of Personnel, Public Grievances and Pensions, Department of Personnel and Training, Government of India OM of even number dated 21st July, 2009 on the above-mentioned subject, the understand is directed to say that the matter was considered by a Committee of Secretaries and the following decision was taken:-

“As regards provisions for protection of women, it was suggested that the Complaints Committee Mechanism provided under Vishaka guidelines related to sexual harassment should be strictly in accordance with the judgment at steps should be taken to ensure that the committee is effective and functional at all times. It would also be desirable for the Committees to meet once a quarter, even if there is no live case, and review preparedness to fulfill all requirements of the Vishakha judgment in the Department/ Ministry/ Organization concerned. DOPT will issue suitable directions. 

2. All Ministries/ Departments are requested to ensure compliance.

Download Railway Board Circular RBE No.16/2010