1. Gender Sensitization (with special focus on Sexual Harassment at Workplace)

2. Sex Vs Gender Sex Gender
2 major forms that occur in any species on the basis of their reproductive organs and structures
Inherent – by birth
Biological composition
Male & Female
Behavioral, cultural, psychological & emotional traits associated with one’s sex
Influenced by external factors
Social Construction
Man & Woman (and now has a broader definition)

3. Gender
A group of ideas, values, beliefs, rules laid down by our society
It shapes our attitude & the activities or behavior expected from us
What it is to be a Man & Woman in everyday life
Societies may be anywhere – but what it takes to be a Man or a Woman is, by and large, the same everywhere

6. Traditional Norms Female gives birth to the off spring
Naturally, taking care of the off-spring is considered a female’s responsibility
Male is considered to be responsible for gathering resources
So, society traditionally defines –
Women as care givers/house keepers
Men as providers engaging in productive economic activity
In most of the societies, work done by men is valued more
So it’s the most coveted one.
It has access to maximum resources & opportunities
Consequently has more power

7. Changing Norms Now women are getting educated & employed
But they are expected to handle both their job & the household chores
So women have restrictions, which men don’t
Thus men are perceived as better workers because –
Men can stay long hours
Men can work on holidays
Men lay better focus on their profession
Men can work anywhere
So men get better opportunities, resources & possibilities
Men get more power

8. Changing Norms
Leads to unequal power relationships in the society - Mainly the workplace
Conflict or Violence always ensues between 2 unequal entities
It can be Individuals/states/groups
Workplaces are spaces where power is wielded and authority worshipped
Now more & more women are entering work spaces

9. Changing Norms Bringing about equality
Better distribution of available social resources
Availability of the same possibilities, opportunities, options for everyone
Stop harsh behavior against the other group
End discrimination
Sensitivity towards others

10. Situations It can be between a superior and subordinate colleagues –
a power relationship
colleagues –
Majority of male employees
Lack of sensitivity
Presumption that working women expect or deserve such a treatment
Souring of a consensual relationship
even if one party withdraws other should stop their advances
or else it can be seen as harassment

11. Sexual harassment at workplace
Is perceived as a personal injury or an individual problem
But
it is a malaise which affects the society
it leads to discrimination at the workplace
it affects Constitutional rights of equality and dignity
it sabotages work performance
it affects the entire work environment
it impairs progress both personal and institutional
it costs both the individual and the organization

12. CEDAW
Convention on Elimination of all forms of Discrimination Against Women
Adopted in 1979 by the UN General Assembly
Defines discrimination against women as
‘any distinction, exclusion or restriction made on the basis of sex’
99 countries are signatories, India ratified it in July 1993
India is legally bound to put CEDAW provisions into practice
Should submit periodical reports on measures taken to implement these provisions

13. CEDAW By ratifying this, India has agreed to –
Incorporate the principle of equality of men & women in our legal system
Abolish all discriminatory laws & adopt appropriate ones prohibiting discrimination against women
Establish tribunals & other public institutions to ensure the effective protection of women against discrimination
Ensure elimination of all acts of discrimination against women by persons, organizations or enterprises.

14. Protection of Human Rights Act , 1993
Defined ‘Human Rights’ as
'human rights’ means the rights relating to Life, Liberty, Equality and Dignity of the individual, guaranteed by the Constitution or embodied in the International Covenants and enforceable by courts in lndia

15. Vishaka & Others Vs State of Rajasthan
In 1992, Rajasthan launched a drive against Child marriages
Bhanwari Devi, 33 – a Saathin(*) in Bhateri village, Rajasthan prevented a child marriage in an upper caste community
After that she was subjected to unwelcome sexual gestures & words from men of that community
She complained to the local authorities but in vain
Her husband was thrashed and she was raped by 5 men belonging to the said community
(*) -Saathin’s assist the State Government in implementing the Women’s Development related schemes

16. Vishaka & Others Vs State of Rajasthan
Her complaint was not accepted by the authorities
When it was accepted, the investigation was lopsided
Faulty medical examination
Humiliation & ostracism in the name of honour by her own community
After a protracted legal battle, Lower court acquitted the accused
5 NGOs took up her case and filed a PIL under the platform of ‘Vishaka’
the Apex court delivered a historic judgment in the Vishaka Vs State of Rajasthan
Identified the incident as a Criminal action & action to be taken accordingly
Issued guidelines to address the issue of sexual harassment at workplace

17. Guidelines
Recognized Sexual Harassment as a violation of Fundamental rights - Articles 14, 19 & 21
Filled a legal vacuum & formulated alternate mechanisms which
were pro active & prioritized ‘prevention’
were binding on all workplaces
created accountability
to redress the issue sexual harassment
The State/employer should –
ensure dignity of women at work
create awareness about sexual harassment at workplace
devise effective redress mechanism
Moving from ‘violation of modesty’ to ‘violation of right to equality’
Inclusion of a third party in the Redress mechanisms

18. GoI Orders (*)
February the CCS (Conduct) Rules 1964 were amended
5 forms of Sexual Harassment at workplace were listed
Physical contact or advances
Demand for sexual favours
Sexually coloured remarks
Showing pornography
Any other unwelcome, physical, verbal, non verbal conduct of sexual nature
Sexual Harassment was made a part of Rule 3(1) (iii) of the CCS (Conduct) Rules 1964
Sexual Harassment was identified as a ‘Misconduct’
(*) – All GoI Orders/ OMs are available in the DoPT Website -persmin.gov.in

19. GoI Orders
Stated that
Victims or witnesses should not be victimized or discriminated against
Victim can seek their own transfer or transfer of the delinquent Government servant
Appropriate disciplinary action should be initiated against the delinquent Government Servant
A Complaint Mechanism for redress of these grievances should be in place
Preferably headed by a woman officer
Creation of awareness by display of the guidelines

20. GoI Orders
1999 –
The Complaints Committee should be headed by a sufficiently senior officer
2002 –
The findings of the Committee should be treated as the Preliminary report
2005 –
The Report of the Complaints Committee will be the ‘Inquiry Report’ (*)
(*) Medha Kotwal Lele & Others Vs Union of India & Others

21. GoI Orders
2005-
Sub Rule 2 of Rule 14 was amended
Rule 14 (2) of the CCS (CCA) Rules 1965 says-
“……..Provided that where there is a complaint of sexual harassment within the meaning of Rule 3 (C) of the CCS (Conduct) Rules 1964, the Complaints Committee established in each Ministry or Department or Office for inquiring into such COMPLAINTS, shall be deemed to be the inquiring authority appointed”

22. GoI Orders
Enquiry will be held ‘as far as practicable’ in accordance with the procedure laid down in the CCS (CCA) Rules 1965
The Committee should meet once a quarter to discuss preparedness related issues
Changes in the composition of the Committee to be made promptly
Information about the Committee to be displayed prominently

23. Recent Act
Sexual harassment of women at workplace (Prevention, Prohibition and Redressal) Act 2013
Enacted on
The Legal provisions emanated form the guidelines issued by the Apex Court in 1997
Workplaces in the unorganised sectors also under the ambit of the law
Any woman who enters the workplace is covered by this law
She can be a/an
client
customer
apprentice
daily wage earner or
worker in ad-hoc capacity
Women in any workplace, irrespective of its size or nature, should have access to a redressal mechanism

24. Salient features Re defines Sexual Harassment (*)
implied or explicit promise of preferential treatment in employment
implied or explicit threat of detrimental treatment in employment
implied or explicit threat about present or future employment
interference with work or creating an intimidating or offensive work environment
humiliating treatment likely to affect health or safety
Students, research scholars in colleges/university and patients in hospitals have also been covered
Redefined workplace
(*)-as opposed to the 5 actions which denoted sexual harassment earlier

25. Salient Features
Every employer is required to constitute an Internal Complaints Committee
Setting up of Local Complaints Committee (LCC)
to be constituted by the designated District Officer at the district or sub-district levels, depending upon the need
Atleast one half of all such Committees will be women members
Atleast one member will preferably have a legal background
Atleast one member will belong to Scheduled Castes/Tribes or the backward classes
Members will hold office for 3 years

26. Salient Features
Aggrieved woman should make a complaint within 3 months of the incident
Committee can relax this limit if its convinced about the reason for delay
Reason to be recorded in writing
Other persons or legal heirs can make a complaint on behalf of the aggrieved woman
Aggrieved woman can request for conciliation
No monetary settlement (as a part of conciliation)
Interim measures
Transfer of either of the parties to another workplace
Grant of leave up to 3 months
Any other relief (as requested by the Complainant)

27. Salient Features complete its enquiry within 90 days of the complaint
The Committee should
complete its enquiry within 90 days of the complaint
submit its report within 10 days of completion of the enquiry
Employer should take action on the report within 60 days of receipt of the report
Action against the Complainant & the Witnesses for
Malicious complaints
False allegations
Production of forged/misleading documents
Inability to substantiate should not be treated as a malicious complaint
Malicious intent should be established after a suitable enquiry
Contents of the Complaint and inquiry proceedings should not be made public

28. Duties of the employer Provide safe working environment at workplace
Display details of the Local Complaints Committee
Display the penalties which can be awarded in such cases
Assist Complainant in filing a written complaint
Sensitize employees through workshops and training programs
Cooperate with the enquiry proceedings of the Complaints Committee
Train colleagues on how to identify & deal with sexual harassment
Assist aggrieved woman employee to file a complaint with the appropriate Police authority (if need arises or the Complainant desires so)
Treat sexual harassment as a misconduct and initiate action accordingly

29. Current set up – DoP (*) Every Circle has a Complaints Committee
Composition of the Committee-
Chairperson – Lady Officer, JAG and above rank
2 women members – IP and above
1 male member – PS Gr B and above
1 ex-officio member – reputed NGOs working for the cause of women’s empowerment
(*)-Revised provisions as per the Sexual harassment at Workplace Act 2013 are yet to be received
& Ministry of WCD is developing certain rules for process to be followed at enquiry

30. Procedure Complaints are received at different levels-
Office In charge
Divisional Head
Regional Office
Circle Office
Directly to the Chairperson
Preliminary enquiry
Should be conducted through responsible officer
Preferably a lady officer, not working in the same sub division
Report, along with documents in original, to be forwarded to the Committee
If prima facie case of sexual harassment exists, Committee will conduct further enquiry
Enquiry conducted by the Committee in the presence of the delinquent government servant
Complaint should be forwarded to the Committee
after conducting a preliminary enquiry

31. Procedure
Procedures in Rule 14 enquiry adopted ‘as practicable as possible’
Enquiry report
prepared & signed by the Committee members
contains conclusions and recommendations of the Committee
is forwarded to the Disciplinary authority for action
Delinquent official is given a copy of the report for his representation
Any penalty specified under Rule 11 of the CCS (CCA) Rules can be given

32. Common Lapses - committed by us on receipt of a complaint
Common reactions
Denial
Ignore
Mud slinging & Finger pointing
Cover Up
Preliminary enquiry
Delayed enquiry
Incomplete enquiry
Lack of documentary evidences
Lack of witnesses
Impermissible evidences
Delay in forwarding report
Conduct of enquiry in public crowded places
Cause minimum displacement/travel to attend enquiry
Prejudiced & pre - conceived notions

33. Proactive Measures
Become legally literate, Understand your rights & Educate others
Carry out safety audits in your workplace
Display details about the Committee, penal provisions prominently at your workplace
Do not be a mute witness to harassment/violence - Reach out to someone who needs support
Read, think, discuss about gender violence and sexual harassment
Participate in social initiatives (*) – Forum discussions, workshops etc
Assist your subordinates/colleagues in filing a complaint
(*) Limited by the provisions in the Conduct Rules 1965

34. Proactive Measures
Do not view sexual harassment as personal injury/problem
View sexual harassment as an infringement of Constitutional rights
Move from ‘the way things are’ to ‘the way things should be’
Speak up against sexual harassment at workplace
Understand the importance of documentation
Understand that workplace sexual harassment demeans, intimidates, offends, excludes & limits women

35. Assignment
Please elaborate if the provisions of Rule 14 can be adopted strictly while enquiring complaints of sexual harassment.
What are the provisions of Rule 14 which can be strictly adopted while enquiring sexual harassment cases and why?
What are the provisions that cannot be strictly followed and why?
Please formulate separate provisions for enquiries by Complaints Committee within the purview of Rule 14 (2) of the CCS (CCA) Rules in conformation with the recently enacted provisions
Provisions which, you feel, should be adopted by the DoP with regard to successful implementation of the Act

36. It is time to change the script…