Sexual harassment of women in workplace
The Commission has taken up the issue of sexual harassment of women in the workplace. It has started consultations with Government Departments, Private Institutions/Agencies as well as NGOs with a view to setting up of Complaints Mechanisms in these organizations for the redressal of grievances relating to sexual harassment.
The Commission had received a complaint about the suicide of a woman lawyer on 15 June 2000 in Andhra Pradesh, allegedly due to sexual harassment by certain fellow and senior lawyers. While considering this case, it had observed that the larger issues of sexual harassment of women in the workplace ought to be considered by it. The Commission had also received complaints from NGOs that the guidelines prescribed by the Supreme Court in the case Vishakha v/s State of Rajasthan were not being followed by many Government Departments, PSUs, private and public institutions. Most of them were yet to set up Complaints Committees as envisaged under the Vishakha judgment of the Apex Court.
The Commission, therefore, held a high-level meeting on this subject on 4 May 2001, which was presided over by the Chairperson, NHRC. It focused on matters relating to the sexual harassment of women in the legal profession. In addition to the Members and senior officials of the Commission, the Attorney General of India, Shri Soli S. Sorabjee, Chairman of Bar Council, Shri D.V. Subba Rao and senior advocate of the Supreme Court, Shri R.K. Jain, were present. It was decided at the meeting that a high-level committee be constituted, in consultation with the Attorney General and the Chairman of the Bar Council. The Committee will have representatives from prominent NGOs working in this field, as well as members of the legal profession whose names will be suggested by the Attorney General. The Committee will consider all aspects of the problem of the sexual harassment of women in the legal profession. It will make suitable recommendations within a given time frame. It will also recommend amendments to the Advocacy Act and the Bar Council Rules for the consideration of the Commission.
The Commission has also taken up the issue of sexual harassment of women in universities and educational institutions, which generally have a large number of women students and employees. To discuss and evolve a consensus as to how these institutions could be involved in implementing the guidelines and norms prescribed by the Supreme Court in the Vishakha judgment, on 25 April 2001 it held a meeting chaired by the Chairperson, NHRC and attended by the Member concerned and Secretary General of NHRC; Secretary, Department of Secondary & Higher Education and Secretary, Department of Elementary Education and Literacy of the Ministry of Human Resource Development, Government of India; Chairman, UGC; Chairman, CBSE; Principal Secretary, Education, NCT of Delhi; Senior Advocates and NGO representatives.
The Commission has asked the University Grants Commission to write to the Vice Chancellors of universities across the country to set up Complaints Committees without any further delay. The universities should keep the UGC informed about the working of such Committees – failing which appropriate action should be taken. Setting up of complaints mechanisms should also be made a necessary precondition for assistance to all Aided and Affiliated Schools. The necessary by-laws should be amended by the Central Board of Secondary Education to include this condition. The UGC and CBSE have been asked to instruct all educational institutions to make periodic reviews of action taken by them with regard to setting up of the complaints mechanisms. It should be made mandatory for all educational institutions to send their Action Taken/Status Reports to the UGC and CBSE for the purpose of monitoring.
Further, the Jawaharlal Nehru University guidelines prepared for combating sexual harassment in that university should be examined to see if they could be replicated in other universities as well. Anti-ragging measures are also to be devised and adopted in all educational institutions.
It was felt that there was need to improve safety and security of women passengers traveling by the public transport system. A mechanism to ensure discipline was necessary to stop untoward incidents of sexual harassment in the public transport system. In this regard, it was suggested that a Helpline for women should be started, initially in the capital, which could then be replicated all over the country.
In order to ensure that the Vishakha guidelines are implemented in the right spirit, the Commission has also decided to address the press and electronic media on the subject. In particular, the media will be requested not to depict women in a vulgar manner, or as a commodity.
The Commission had received a complaint about the suicide of a woman lawyer on 15 June 2000 in Andhra Pradesh, allegedly due to sexual harassment by certain fellow and senior lawyers. While considering this case, it had observed that the larger issues of sexual harassment of women in the workplace ought to be considered by it. The Commission had also received complaints from NGOs that the guidelines prescribed by the Supreme Court in the case Vishakha v/s State of Rajasthan were not being followed by many Government Departments, PSUs, private and public institutions. Most of them were yet to set up Complaints Committees as envisaged under the Vishakha judgment of the Apex Court.
The Commission, therefore, held a high-level meeting on this subject on 4 May 2001, which was presided over by the Chairperson, NHRC. It focused on matters relating to the sexual harassment of women in the legal profession. In addition to the Members and senior officials of the Commission, the Attorney General of India, Shri Soli S. Sorabjee, Chairman of Bar Council, Shri D.V. Subba Rao and senior advocate of the Supreme Court, Shri R.K. Jain, were present. It was decided at the meeting that a high-level committee be constituted, in consultation with the Attorney General and the Chairman of the Bar Council. The Committee will have representatives from prominent NGOs working in this field, as well as members of the legal profession whose names will be suggested by the Attorney General. The Committee will consider all aspects of the problem of the sexual harassment of women in the legal profession. It will make suitable recommendations within a given time frame. It will also recommend amendments to the Advocacy Act and the Bar Council Rules for the consideration of the Commission.
The Commission has also taken up the issue of sexual harassment of women in universities and educational institutions, which generally have a large number of women students and employees. To discuss and evolve a consensus as to how these institutions could be involved in implementing the guidelines and norms prescribed by the Supreme Court in the Vishakha judgment, on 25 April 2001 it held a meeting chaired by the Chairperson, NHRC and attended by the Member concerned and Secretary General of NHRC; Secretary, Department of Secondary & Higher Education and Secretary, Department of Elementary Education and Literacy of the Ministry of Human Resource Development, Government of India; Chairman, UGC; Chairman, CBSE; Principal Secretary, Education, NCT of Delhi; Senior Advocates and NGO representatives.
The Commission has asked the University Grants Commission to write to the Vice Chancellors of universities across the country to set up Complaints Committees without any further delay. The universities should keep the UGC informed about the working of such Committees – failing which appropriate action should be taken. Setting up of complaints mechanisms should also be made a necessary precondition for assistance to all Aided and Affiliated Schools. The necessary by-laws should be amended by the Central Board of Secondary Education to include this condition. The UGC and CBSE have been asked to instruct all educational institutions to make periodic reviews of action taken by them with regard to setting up of the complaints mechanisms. It should be made mandatory for all educational institutions to send their Action Taken/Status Reports to the UGC and CBSE for the purpose of monitoring.
Further, the Jawaharlal Nehru University guidelines prepared for combating sexual harassment in that university should be examined to see if they could be replicated in other universities as well. Anti-ragging measures are also to be devised and adopted in all educational institutions.
It was felt that there was need to improve safety and security of women passengers traveling by the public transport system. A mechanism to ensure discipline was necessary to stop untoward incidents of sexual harassment in the public transport system. In this regard, it was suggested that a Helpline for women should be started, initially in the capital, which could then be replicated all over the country.
In order to ensure that the Vishakha guidelines are implemented in the right spirit, the Commission has also decided to address the press and electronic media on the subject. In particular, the media will be requested not to depict women in a vulgar manner, or as a commodity.