Source document: https://docs-lawep.s3.us-east-2.amazonaws.com/1694871248947.pdf (India)
NO.11013/10197-Estt.

(A) Government of India Ministry of Personnel, Public Grievances and Pensions (Department of Personnel & Training) New Delhi, dated the 13th February, 1998 Subject: in the case of CCS (Conduct) Rules, 1964 - Supreme Court Judgment Vishaka Vs. State of Rajasthan regarding sexual harassment of working women.

The undersigned is directed to say that in the case of Vishaka and Ors Vs. State of Rajasthan and Ors.
(JT 1997 (7) SC 384), the Hon'ble Supreme Court has laid down guidelines and norms to be observed to prevent sexual harassment of working women.

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It has been laid down in the judgment above-mentioned that it is the duty of the employer or other responsible persons in work places or other institutions to prevent or deter the commission of acts of sexual harassment and to provide the procedure for the resolution, settlement or prosecution of acts of sexual harassment by taking all steps required.
For includes such unwelcome sexually determined behaviour (whether directly or implication) as:- this purpose, sexual harassment 3.

Attention in this connection is invited to Rule 3 (1) (iii) of the CCS (Conduct) Rules, 1964, which provides that every Government servant shall at all times do nothing which is unbecoming of a Government servant.

Any act of sexual harassment of women employees is definitely unbecoming of a Government servant and amounts to a misconduct.
Appropriate disciplinary action should be initiated in such cases against the delinquent Government servant in accordance with the rules.

Where such conduct amounts to a specific offence under the Indian Pena'i Code initiate appropriate action in 4. or under any other accordance with law by making a complaint with the appropriate authority.
the concerned authorities shall law, In particular, 5. it should be ensured that victims, or witnesses are not victimized or discriminated against while dealing with complaints or sexual harassment.

The victims of sexual harassment should have the option to seek transfer of the perpetrator or their own transfer.

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Complaint Mechanism :- Whether or not such conduct constitutes an offence under law or a breach of the service rules, an appropriate complaint mechanism should be created in every organization for redress of the complaint made by the victim.

Such complaint mechanism should ensure time bound treatment of complaints ..Wherever such machineries for redressal of grievance already exist, they may be made more effective and in particular women officers should preferably handle such complaints.
Awareness :- Awareness of the rights of female employees in this regard should in a 7. be created in particular by prominently notifying the guidelines (copy enclosed) suitable manner.

A specific provision is, however, being made in the CCS (Conduct) Rules, 1964, in compliance of the 8. prohibiting sexual harassment of women t::1yGovernment servants, judgment of the Hon'ble Supreme Court.
The Ministries/Departments are requested to bring these instructions to the notice 9. of all concerned for strict compliance.

In so far as persons serving in the Indian Audit and Accounts Department are these instructions issue after consultation with the Comptroller and Auditor 10. concerned, General of India.

Sd/- (Harinder Singh) Joint Secretary to the Government of India 1.

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Comptroller and Auditor General of India, New Delhi Union Public Service Commission, New Delhi.
Central Vigilance Commission, New Delhi.

Central Bureau of Investigation, New Delhi.

All Union Territory Administrations.

Lok Sabha SecretariatlRajya Sabha SecretariatlMinistry of Paniamentary Affairs.

All Officers and Sections in the Ministry of Personnel, PG and Pensions All Attached and Subordinate Offices of the Ministry of Personnel, Public 7. and MHA.

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Grievances and Pensions and MHA SdI- (Harinder Singh) Joint Secretary (E) GUIDELINES AND NORMS LAID DOWN BY THE HON'BLE SUPREME COURT IN VISHAKA & ORS.

V. STATE OF RAJASTHAN & ORS.
(JT 1997 (7) SC 384) HAVING REGARD to the definition of the Protection of Human Rights Act, 1993, TAKING NOTE of'the fact that the present laws in India do not adequately provide for specific protection of civil and penal women from sexual harassment in work places and that enactment of such legislation will take considerable time, in Section 2 (d) of 'human rights' is necessary and expedient for employers in work: places as well as other It responsible persons or institutions to observe certain guidelines to ensure the prevention of sexual harassment of women .
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Duty of the Employer or other responsible persons in work: places and other institutions : .

It shall be the duty of the employer or other responsible persons in work places or other institutions to prevent or deter the commission of acts of sexual harassment and to provide the procedures for the resolution, settlement or prosecution of acts of sexual harassment by taking all steps required.
For this purpose, sexual harassment behaviour (whether directly or by implication) as: includes such unwelcome sexually determined Where any of these acts is committed in circumstances where-under the victim of such conduct has a reasonable apprehension that in relation to the victim's employment or work whether she is drawing salary, or honorarium or VOluntary,whether in Government, public or private enterprise such conduct can be humiliating and may constitute a health and safety problem.
It is discriminatory for instance when the woman has reas.onable grounds to believe that her objection would disadvantage her in connection with her employment or work including recruiting or promotion or when it creates a hostile work environment.

Adverse consequences might be visited if the victim does not consent to the conduct in question or raises any objection thereto.
All employers or persons in charge of work place whether in public or private sector should take appropriate steps to prevent sexual harassment.

Without prejudice to the generality to this obligation they should take the following steps:- (a) Express prohibition of sexual harassment as defined above at the work place should be notified, published and circulated in appropriate ways.
(b) The RuleslRegulations of Government and Public Sector bodies relating to conduct and discipline should include rules/regulations prohibiting sexual harassment and provide for appropriate penalties in such rules against the offender.
(c) As regards private employers steps should be taken to include the aforesaid Industrial standing Employment (Standing Orders) Act, 1946. prohibitions in the orders under the (d) Appropriate work conditions should be provided in respect of work, leisure, health and hygiene to further ensure that there is no hostile towards women at work places and no employee woman environment should have reasonable grounds to believe that she is disadvantaged in connection with her employment.
Where such conduct amounts to a specific offence under the Indian Penal Code or under any other law, the employwer shall initiate appropriate action- in accordance with law by making a complaint with the appropriate authority.

In particular, it should ensure that victims or witnesses are not victimized or discriminated against while dealing with complaints of sexual harassment.

The victims of sexual harassment should have the option to seek transfer of the perpetrator or their own transfer.
Where such conduct amount to misconduct service rules, appropriate disciplinary action should be initiated by the employer accordance with those rules.

in employment as definded by the relevant in Whether or not such conduct constitutes an offence under law or a breach of the service rules, an appropriate complaint mechanism should be created in the employer's organization for redress of the complaint made by the victim.

Such complaint mechanism should ensure time bound treatment of complaints.
The complaint mechanism referred to in (6) above, should be adequate to provide, where necessary, a Complaints Committee, a special councellor or other support service, including the maintenance of confidentiality.

The Complaints Committee should be headed by a woman and not less than half of i~ member should be women.
Further to prevent the possibility of any undue pressure or influence from senior levels, such Complaints Committee should involve a third party, either NGO or other body who is familiar with the issue of sexual harassment.

The Complaints Committee must make an annual report to the Government department concerned of the complaints and action taken by them.
The employers and person in charge will also report on the compliance with the the Complaints Committee to the aforesaid guidelines including on the reports of Government department.

Employees should be allowed to raise issues of sexual harassment at workers' meeting and in other appropriate forum and it should be affirmatively discussed in Employer- Employee Meetings.
female employees in this regard should be created in Awareness of particular by prominently notifying the guidelines (and appropriate legislation when enacted on the subject) in a suitable manner.

the rights of Where sexual harassment occurs as a result of an act or omission by any third party or outsider, the employer and person in charge will take all steps necessary and reasonable to assist the affected person in terms of support and preventive action.

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The Central/State Governments are requested to consider adopting suitable measures including legislation to ensure that the guidelines laid down by this order are also observed by the employers in Private Sector.

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These guidelines will not prejudice any rights available under the Protection of Human Rights Act, 1993.