Central Employees To Get 3 Months Paid Leave In Sexual Harassment Case
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. .
