State Complaints Committee

The issue of Sexual Harassment at the workplace has drawn attention of many women’s organizations and NGOs. The Hon’ble Supreme Court in a landmark judgment (1997(7) SC 384) in case titled “Vishaka and Ors V/s State of Rajasthan” examined the issue in great detail. The Hon’ble Court laid down the guidelines for prevention of sexual harassment at workplace. The Hon’ble Court interpreted gender equality of women in relation to work and held that sexual harassment of the working women which is against their dignity, in violation of Article 14,15, 19(i)(g) and 21 of Constitution of India.

In pursuance of orders of Hon’ble Court, the Central Government amended the Central Civil Services (Conduct) Rules, 1964 inserting a new rule i.e. Rule 3-C-prohibition of sexual harassment of working women vide Govt. of India orders dtd.13/02/1998 and notification No.11013/10/97-Estt.(A) dtd.13/02/98. The Govt. of Delhi has circulated the aforesaid amendment in CCS (Conduct) Rules 1964 and also established the redressal mechanism, in compliance of orders of Hon’ble Court, vide Order No.179 The order of Services Department also underlines the functions of State Complaints Committee and Departmental Complaints Committee.

In compliance of orders of the Hon’ble Court, 59 Departmental Complaints Committees have been set up in various departments/autonomous organizations of Delhi Govt. to look into the complaints of sexual harassment at work place.

n addition, a State Complaints Committee was constituted by Delhi Govt. vide Order No.179 dtd.19/05/99 of Services Department consisting of following officials:

State Complaints Committee was reconstituted by Delhi Govt. vide Order No.510 15/11/2002 of Services Department consisting of following officials:

In addition, State Complaints Committee was reconstituted by Delhi Govt. vide Order No.530 dtd.15/11/2002 of Services Department consisting of following officials:

Now, Competent Authority is pleased to reconstitute the Committee vide Order No.50 dtd.12/10/2007 of Services Department consisting of following officials:

Brief guidelines prepared by Delhi Commission for Women for functioning of Departmental Complaints Committee is as follows:

• The complaints Committee should be headed by a woman and not less than half of its members should be women.
• Whenever women members of sufficient seniority are available they should invariably be nominated as the Chairperson of the Departmental Complaints Committee.
• An NGO may be associated with its functions to ensure transparency.
• Large organizations or departments like MCD should have district level committees set up within the department and can be supervised by a senior police officer.

Functions:

The Departmental Complaints Committee shall discharge the following functions:

Enquire into the complaints of sexual harassment within the department and report the same to the State Complaints Committee within a specific time frame. For this purpose, sexual harassment includes such unwelcome sexually determined behavior (whether directly or by implication) as : -

• Physical contact or advances.
• A demand or request for sexual favours.
• Sexually colored remarks.
• Showing pornography.
• Any other unwelcome physical/verbal or non-verbal contact of sexual nature.
• Recommend the action to be initiated in each case.
• Ensure that the victims or witnesses are not victimized or discriminated against.They shall alsoexamine whether the victim should have the option to seek transfer of the perpetrator or their own.
• The departmental committee should submit a detailed quarterly report of the complaints received and action taken thereof to the State Complaints Committee with its headquarter at Delhi Commission for Women.

The State Complaints Committee also acts an appellate forum against the order of the Departmental Complaints Committee.