Procedure for Handling Sexual Harassment Complaints

 

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 sufficient cause, for three consecutive hearings, the committee has the power to terminate the proceedings or give an ex-parte decision on the complaint after giving fifteen days’ notice in writing to the concerned party.  

Thereafter, the committee shall provide, within ten days of completion of examination of evidence, a report of its findings regarding whether sexual harassment has been proved or not, to the employer or the District Officer as the case may be, along with its reasons for the same.  

Time frame for performing various activities during Inquiry: The following schedule needs to be adhered to: 

Submission of complaint:                          Within 3 months of the last incident

Notice to the respondent:                          Within 7 days of receipt of the complaint

Completion of inquiry:                               Within 90 days

Submission of report by ICC:                    Within 10 days of completion of the inquiry

Implementation of recommendations:       Within 60 days

Appeal:                                                      Within 90 days of the recommendations 

Instructions issued by DoPT about functioning of Internal Committees: The DoPT has issued a number of instructions from time to time, with regard to implementation of the Act. Some of these are as under:

Seniority of Chairperson of the Complaints Committee: It has been clarified that the complaints committee set up to inquiry into charges of sexual harassment should be headed by a women and at least half of its member should also be women. In case a women officer of sufficiently senior level is not available in a particular office, an officer from another office may be so appointed. It was also indicated that to prevent the possibility of any undue pressure, the complaints committee should also involve a third party either NGO or some other body which is familiar with the issue of sexual harassment[1]. 

The issue of legality of a committee conducting inquiry against an officer against whom there are allegations of sexual harassment but where the Chairperson happens to be junior in rank to the suspect officer has been examined. It is clarified that there is no bar either in the CCS (CCA) Rules or under the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 to the Chairperson of the complaints committee being junior to the suspect officer or the charged officer. Hon'ble Allahabad High Court has in Smt. Shobha Goswami vs State of U.P. And 2 Ors, in WRIT — A No. — 31659 of 2015 observed as follows: 

"In my opinion, there is nothing in the Scheme of the section which requires the lady member to be senior in rank to the officer against whom the allegation of sexual harassment are brought. The language of Section 4 of the Act only requires the lady member to the Senior Level".

This also does not in any way cause any prejudice to the charged officer. 

Further, to ensure fair inquiry, Ministries/ Departments may also consider transferring the suspect officer/ charged officer to another office to obviate any risk of that officer using the authority of his office to influence the proceedings of the complaints committee[2]. 

Monitoring of cases: Refer to the DoPT OM number No.11013/2/ 2014-Estt.A-III, dated the 16th July, 2015 etc., vide which need for effective mechanism to ensure that inquiries in the case of allegations of sexual harassment are conducted as per the prescribed procedure and that they are monitored have been issued. Recently, a meeting was held under the Chairmanship of Minister, Women and Child Development wherein concern was expressed that the inquiries in such cases are taking unduly long time. It has, therefore, been decided that the following further steps may be taken to ensure that the inquiries are conducted expeditiously and the aggrieved women are not subjected to victimization:

 

(1) As already conveyed vide OM dated 2nd February, 2015 all Ministries/Departments shall include in their Annual Reports information related to the number of such cases and their disposal.

(2) As far as practicable, the inquiry in such cases should be completed within 1 month and in no case should it take more than 90 days as per the limit prescribed under the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013.

(3) It should be ensured that the aggrieved women are not victimized in connection with the complaints filed by them. For a period of five years after a decision in a proven case of sexual harassment, a watch should be kept to ensure that she is not subjected to vendetta. She should not be posted under the Respondent, or any other person where there may be a reasonable ground to believe that she may be subjected to harassment on this account. In case of any victimization the complainant may submit a representation to the Secretary in the case of Ministries/Departments and Head of the Organization in other cases. These representations should be dealt with sensitivity, in consultation with the complaints committee, Ministries/Departments and Head of the Organization in other cases. These representations should be dealt with sensitivity, in consultation with the complaints committee, and a decision taken within 15 days of the submission of the same.

(4) All Ministries/Departments shall furnish a monthly report to the Ministry of Women and Child Development giving details of number of complaints received, disposed of and action taken in the case.[3] 

[1] DoPT OM No. 11013/2/2014-Estt.A-III dated 16th July, 2015 as the Para 1 of the Guide attached to the OM

[2] DoPT OM F. No. 11013/2/2014-Estt.A-III Dated: 09.09.2016 Ministry of Personnel, Public Grievances and Pension Department of Personnel & Training

[3] OM No.11013/7/2016-Estt.A-III Dated the 22nd December, 2016 Ministry of Personnel, Public Grievances & Pensions Department of Personnel & Training

Location: India

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