Service Matters Gyan

  Article Procedure for conducting fair inquiry in Sexual Harassment cases   The complainant is required to submit the sexual harassment complaint in writing within three months of the last alleged incident to the Complaints Committee or any other person designated by the organization/District Officer (i.e. Nodal Officer) to receive and manage complaints of sexual harassment . After receipt of a sexual harassment complaint a fair, prompt, and impartial inquiry needs to be done by the Complaints Committee. It should help create an environment of trust and confidence throughout the inquiry and follow the principles of natural justice.   The Hand Book on Sexual Harassment of Women at Workplace prepared by Government of India Ministry of Women and Child Development provides as under:   Acknowledge receipt of the complaint: After receipt of the complaint it should be acknowledged and reviewed:   i        in the context...

  Article Procedure for Handling Sexual Harassment Complaints    On receipt of a complaint of sexual harassment the Internal Committee shall send one copy of the complaint to the respondent within seven working days. The respondent shall be required to file his reply, in writing, along with the list of documents he seeks to rely upon and a list of the witness he wishes to examine, within ten working days.    Both the complainant and respondent will be given an opportunity to lead evidence, both documentary as well as through witnesses, and also to cross examine the witnesses presented by the other party.    During the conduct of the enquiry, a minimum of three members of the internal committee or local committee must be present, which must include the Presiding Officer or Chairperson.    Ex-parte decision: The committee may permit the parties to address arguments. In case the complainant or the respondent fails to appear without su...

  Article Constitution of Internal Committees by Organised Sector for Attending to Sexual Harassment Complaints   The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 provides for constitution of two types of committees to attend to complaints of sexual harassment at work place –   a)     Internal Committee for “organised sector”; and b)     Local Committee for “unorganised sector”.   The unorganised sector in relation to a workplace includes enterprise owned by individuals or self-employed workers and engaged in the production or sale of goods or providing service of any kind whatsoever, and where the enterprise employs workers, the number of such workers is less than ten.   Responsibilities of Complaints Committee: The complaints committee has to effectively address sexual harassment complaints at workplace by following the due process of law and giving each party an o...