Government of Punjab
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Department of Social Security and Women & Child Development
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(Social Security Branch)
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Dated, Chandigarh, the 1/2/2002
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To |
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All the Heads of Departments, |
Commissioners of Divisions, |
Deputy Commissioners and Sub-Divisional |
Magistrates in the State of Punjab. |
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Subject: |
Guidelines to be observed in the matter of s*xual harassment to women at their work places |
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Sir, |
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I am directed to refer to Punjab Govt. circular letter No. 4/9/97-2PPII/15380, dated 20.11.1998 on the subject cited above and to say that the following guidelines may be observed while proceedings in the matter of s*xual harassment to women at their work places and for conducting the work of Complaints Committee set up in view of the judgement delivered in case of Vishakha and others V/s State of Rajasthan & others:-
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1) The work status of the complainant should not change for the worse, once she has complained, or post enquiry; |
2) The guidelines should be made applicable to all i.e. to service beneficiaries, patients, students customers, clients, passengers, guests, lawyers, independent professional, members of the judiciary, institutions including the courts, vendors, self employed women, and not just at the workplace but work related which also includes Free Trade Zones, Special Economic Zones and Multi National Corporations as well as harassment during transit to work;
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3) It is mandatory for all workplace/departments to make a report of the constitution and functioning of the Complaints Committee (CC). The frequency of meetings, alongwith the preventive steps taken, may also be reported to the Labour Department in the (Proforma enclosed). This report will then be tabled before the Assembly. When the report is placed before the Assembly, a shadow report may also be prepared through the Women’s groups, which will mandatorily be presented to the Assembly.
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* The complaint mechanism as per the Vishakha guidelines will look into prevention as well as complaints resolution. The CC will as part of the preliminary enquiry take action to ascertain whether a prima facie case exists/investigate/ interview/mediate/counsel & take all necessary steps to deal with the issue. However where necessary, an Enquiry Committee (EC) will be formed as a part of the CC, which will be, called the EC. This EC will consist of the outside NGO, a lady Enquiry Officer (EO), also an outsider who is familiar with the manner in which enquiries are conducted, the harasser and the complainant both represented if they choose to. This EC will function as the disciplinary body with powers and guidelines governing Domestic Enquiry.
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* The names, addresses and contact numbers of all the CC members will be prominently displaced at the workplace. |
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* The victim will have a right to not to appear before a particular member or members and on a request to this effect made by the victim, the committee will be reconstituted. |
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* In places where a complaints committee cannot be formed (e.g. informal sector, professional offices etc.) an independent Committee at the area level, district level and State level must be set up by the Government. The Complainant will be at liberty to approach these committees even in cases where an in house committee exists; |
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* An enquiry once started cannot be stopped without the consent of the complainant. |
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* The complainant will have the right to remain present throughout the enquiry and put relevant questions during the enquiry. |
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* The enquiry report has to be given to the complainant. |
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* The complaint will be handled in a time bound manner and in any case must be disposed within three months. |
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* Depending on the nature of the punishment recommended, when the perpectrator is found guilty, the complainant should not be forced to work under/with the harasser. Where appropriate the harasser should be transferred. |
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* The complainant should get a report and copies of all the proceedings and findings. |
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* There will be a record made that the CC is seized of the complaint. |
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* The enquiry will be conducted at a place suitable to the complainant. |
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* A record of all complaints should be made and a complaint number along with date to be given to the complainant, and where requested, the name of the complainant be kept confidential. |