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. .
PTI