Dear Comrades,
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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
