Updated on 04.11.2022

Latest DoPT Orders 2022

Government of India
Ministry of Personnel, Public Grievances and Pension
Department of Personnel & Training
Establishment Division

PREVENTION OF SEXUAL HARASSMENT OF WOMEN AT THE WORKPLACE

In the case of Vishaka and Ors Vs State of Rajasthan and Ors (JT 1997 (7) SC 384), the Hon’ble Supreme Court had laid down the guidelines and norms to be observed to prevent sexual harassment of working women. In pursuance to the pronouncement of this judgement, Department of Personnel and Training took the following steps:

• (i) Guidelines/ Norms of the Hon’ble Supreme Court were circulated by Department of Personnel & Training vide OM No. 11013/10/97-Estt.(A) dated 13.02.1998 for strict compliance by the Ministries/ Departments.
• (ii) Amendments in Central Civil Services (Conduct) Rules, 1964 were also carried out by inserting the Rule 3-C declaring Sexual Harassment of Working Women as a misconduct, vide Notification No. 11013/10/97- Estt.(A) dated 13.02.1998 published in Gazette of India as G.S.R. 49 dated 07.03.1998
• (iii) Subsequently, Central Civil Services (Classification, Control & Appeal) Rules, 1965 were also amended by inserting a provision below sub-rule 2 of Rule 14 in connection with treatment of the Complaint Committee as Inquiring Authority and to follow the procedure as laid down in these Rules to hold inquiry into the complaints of Sexual Harassment. This was notified vide Notification No. 11012/5/2001 -Estt. A dated 01.07.2004 published in Gazette of India vide G.S.R. No. 225 dated 10.07.2004

2. Later on, the ‘Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013’ {SHWW (PPR) Act} was promulgated on 22.04.2013. The ‘Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Rules, 2013’ were notified on 09.12.2013. The Act and the Rules framed thereunder provide a redressal mechanism for handling cases of sexual harassment of women at workplace.
3. Thus, the provisions relating to handling cases of sexual harassment of women at workplace are scattered across SHWW (PPR) Act, Central Civil Services (Conduct) Rules, 1964, Central Civil Services (Classification, Control and Appeal) Rules, 1965, etc. In addition, a number ofexecutive instructions covering different aspects of this issue have been issued from time to time. Now, with a view to facilitate the Ministries/ Departments and other stake holders in proper implementation of these provisions, a need has been felt to consolidate these provisions and place the same in the public domain for easy access as and when required. Accordingly, the relevant provisions of the Act/ Rules/ executive instructions have been compiled as under:

(A) DEFINITION OF “SEXUAL HARASSMENT” AND “WORKPLACE” Section 2(n) and 2(o) of the SHWW (PPR) Actdefines “Sexual Harassment” and “Workplace” respectively. The same have been incorporated through an amendment in the CCS (Conduct) Rules, 1964 as under:

“Rule 3C – Prohibition of sexual harassment of working women

(1) No Government servant shall indulge in any act of sexual harassment of any woman at any work place.

(2) Every Government servant who is incharge of a work place shall take appropriate steps to prevent sexual harassment to any woman at such work place.

Explanation – 1 For the purpose of this rule,

(a) “sexual harassment” includes any one or more of the following acts or behaviour, (whether directly or by implication), namely:

• (i) physical contact and advances; or
• (ii) demand or request for sexual favours; or
• (iii) sexually coloured remarks; or
• (iv) showing any pornography; or
• (v) any other unwelcome physical, verbal, non-verbal conduct of a sexual nature.

(b) The following circumstances, among other circumstances, if it occurs or is present in relation to or connected with any act or behaviour of sexual harassment may amount to sexual harassment: –

• (i) implied or explicit promise of preferential treatment in employment;
• or
• (ii) implied or explicit threat of detrimental treatment in employment; or
• (iii) implied or explicit threat about her present or future employment status; or
• (iv) interference with her work or creating an intimidating or offensive or hostile work environment for her; or
• (v) humiliating treatment likely to affect her health or safety.

(c) “workplace” includes, –

• (i) any department, organisation, undertaking, establishment, enterprise, institution, office, branch or unit which is established, owned, controlled or wholly or substantially financed by funds provided directly or indirectly by the Central Government;
• (ii) hospitals or nursing homes;
• (iii) any sports institute, stadium, sports complex or competition or games venue, whether residential or not used for training, sports or other activities relating thereto;
• (iv) any place visited by the employee arising out of or during the course of employment including transportation provided by the employer for undertaking such journey;
• (v) a dwelling place or a house.”

(Rule 3-C of the CCS (Conduct) Rules, 1964)

(B) COMPLAINTS COMMITTEE:

• Complaints Committees have been set up in all Ministries/ Department and organizations under them in pursuance to the judgement of the Hon’ble Supreme Court in the Vishakha case. As per Section 4(1) of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (“the Act”), the Internal Complaints Committee (referred to as “Complaints Committee” hereafter) is to be set up at every workplace. As per Section 4(2), this will 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.

[Para 1 of OM No. 11013/2/2014 -Estt.(A-III) dated 16.07.2015]

Section 4 of the SHWW (PPR) Act-

“4. Constitution of Internal Complaints Committee. (1) Every employer of a workplace shall, by an order in writing, constitute a Committee to be known as the “Internal Complaints Committee”:

Provided that where the offices or administrative units of the workplace are located at different places or divisional or sub-divisional level, the Internal Committee shall be constituted at all administrative units or offices.

(2) The Internal Committees shall consist of the following members to be nominated by the employer, namely:

• (a) Presiding Officer who shall be a woman employed at a senior level at workplace from amongst the employees: Provided that in case a senior level woman employee is not available, the Presiding Officer shall be nominated from other offices or administrative units of the workplace referred to in subsection(1): Provided further that in case the other offices or administrative units of the workplace do not have a senior level woman employee, the Presiding Officer shall be nominated from any other workplace of the same employer or other department or organisation;
• (b) not less than two Members from amongst employees preferably committed to the cause of women or who have had experience in social work or have legal knowledge;
• (c) one member from amongst non-governmental organisations or associations committed to the cause of women or a person familiar with the issues relating to sexual harassment:

(3) The Presiding Officer and every Member of the Internal Committee shall hold office for such period, not exceeding three years, from the date of their nomination as may be specified by the employer.

(4) The Member appointed from amongst the non-governmental organisations or associations shall be paid such fees or allowances for holding the proceedings of the Internal Committee, by the employer,
as may be prescribed.

(5) Where the Presiding Officer or any Member of the Internal Committee,

• (a) contravenes the provisions of section 16; or
• (b) has been convicted for an offence or an inquiry into an offence under any law for the time being in force is pending against him; or
• (c) he has been found guilty in any disciplinary proceedings or a disciplinary proceeding is pending against him; or
• (d) has so abused his position as to render his continuance in office prejudicial to the public interest, such Presiding Officer or Member, as the case may be, shall be removed from the Committee and the vacancy so created or any casual vacancy shall be filled by fresh nomination in accordance with the provisions of this section.”

[Section 4 of the SHWW (PPR) Act]

Download Information Document on Prevention of Sexual Harassment of Women at Workplace PDF

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22 NOV 2018

The Ministry of Women and Child Development has linked SHe-Box, the online portal to report complaints of Sexual Harassment at Workplace, to all the Central Ministries, Departments and 653 districts across 33 States/Union Territories. For prompt disposal of complaints on SHe-Box, each case goes directly to the central/ state authority concerned having jurisdiction to take action in the matter. Cases on She-Box can be monitored by the complainants and Ministry WCD, reducing the time taken in case disposal. Till November 20, 2018, as many as 321 complaints have been registered with ‘SHe-Box’ out of which 120 are related to central ministries/departments, 58 are from state governments and 143 are from private companies.

Elaborating on the portal, Smt. Gandhi said, “SHe-Box portal is an effort to provide speedy remedy to women facing sexual harassment at workplace. With the linking of the portal to central and state governments, once a complaint is submitted to the portal, it will be directly sent to the section of the employer concerned. Through this portal, WCD as well as the complainant, can monitor the progress of the inquiry. This is a proactive step taken by the WCD Ministry in the wake of the worldwide campaign #MeToo, where women have related their experience of facing sexual harassment and abuse at workplace.”

SHe-Box, which was launched by WCD Minister Smt Maneka Sanjay Gandhi last year, offers the facility of making online complaints of sexual harassment at workplace to all women employees in the country including government and private employees. Those who have already filed a written complaint with the concerned Internal Complaint Committee (ICC) or Local Complaint Committee (LCC) constituted under the Sexual Harassment Act are also eligible to file their complaint through this portal.

The portal can be accessed at the following link: http://shebox.nic.in/

The Ministry has also published a Handbook and Training Module on the SH Act to provide information about the provisions of the Act in easy to use practical manner. The private organizations are encouraged to customize the Training Module as per their extant service rules and disciplinary procedures prescribed therein.

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Disclosure of compliance under the Sexual Harassment of Women at Workplace Act in the Annual Reports of Private companies now made Mandatory: Ministry of Corporate Affairs amends the Companies (Accounts) Rules, 2014.

“A major step towards making the workplace safe for the women in the private sector”: Smt. Maneka Sanjay Gandhi

Non-disclosure to draw penal provisions

13 AUG 2018

In order to ensure safe workplaces for Women in the private sector, the Ministry of Women and Child had requested Hon’ble Minister for Corporate Affairs to mandate the disclosure regarding implementation of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act in the Directors Report of every company. Vide its notification dated 31.07.2018,the Ministry of Corporate Affairs has amended the Companies (Accounts) Rules, 2014, issued under Section-134 of the Companies Act, by inserting clause(X) as follows:-

“A statement that the Company has complied with provisions relating to the constitution of Internal Complaints Committee under the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013”.

While thanking Hon’ble Minister for Corporate Affairs, Smt. Maneka Sanjay Gandhi stated that, “this is a major step towards making the workplace safe for the women in the private sector”. Smt. Gandhi also stated that she will be requesting SEBI to suitably incorporate this disclosure in the Corporate Governance reports of the listed Companies. This will cast as ever higher responsibility on the Directors of these Companies for implementation of the Act.

It may be noted that Section-134 of the Companies Act, 2013 provides the disclosure framework which the Directors of every company are required to comply with in the Annual Reports. This section also includes the penal provisions for non-disclosure. The inclusion of the compliance under the Sexual Harassment of Women at Workplace Act in the non-financial disclosures will ensure that the issue gets into the focus into Board of Directors of the companies

The Ministry of Women and Child Development has been making continuous efforts to mainstream the implementation of the Sexual Harassment of Women at Workplace Act, 2013. Detailed Rules under the Act were issued. It was ensured that all the ministries/ departments under the central government as well as the organizations working directly under them constitute the Internal Complaints Committee as mandated under them Act. A number of instructions have been issued by the DoPT on the request of the ministry to provide immediate relief to the women working in central government against sexual harassment at workplace. The ministry has also empanelled a number of entities who can provide training to any organization on effective implementation of the provisions of the Act. The ministry has provided a facility to all working women to file complaints under this Act directly with the ministry through the SHE-Box.

Please, click here, for the complete notification by the Ministry of Corporate affairs.

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GOVERNMENT OF INDIA
MINISTRY OF WOMEN AND CHILD DEVELOPMENT
LOK SABHA

UNSTARRED QUESTION NO: 1173

ANSWERED ON:09.02.2018

Sexual Harassment of Women at Work Place

SUSHMITA DEV

(a) whether the number of complaints of sexual harassment of women at work places has increased in the country over the years;

(b) if so, the details thereof indicating the number of complaints received by the National Commission for Women (NCW) during each of the last three years and the current year, State/UT-wise;

(c) whether the Government has also launched SHe-Box online complaint management system to register complaints related to sexual harassment of women at work place and if so, the number of complaints registered in the system during the said period along with the action taken thereon;

(d) whether the NCW has stressed for setting up of an Internal Complaint Committee in each and every Government department/institution/ autonomous body in the country and if so, the details along with the compliance status thereof;

(e) the details of laws presently in force under which the complaints regarding sexual harassment of women at work places could be registered in the country; and

(f) the other steps taken/being taken by the Government to ensure protection of women from sexual harassment at work places in the country?

Will the Minister of WOMEN AND CHILD DEVELOPMENTbe pleased to state:-

ANSWER

MINISTER OF STATE IN THE MINISTRY OF WOMEN AND CHILD DEVELOPMENT (DR. VIRENDRA KUMAR)

(a) & (b) The details of number of complaints registered under the category of Sexual Harassment at Workplace, State/UT wise during last three years and current year i.e. 2015,2016, 2017 and 2018 (upto 5.2.2018) is at Annexure-I.

(c) In order to ensure the effective implementation of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, the Ministry has launched an online complaint management system titled Sexual Harassment electronic – Box (SHe-Box) for registering complaints related to sexual harassment at workplace of all women employees in the country, including government and private employees. So far, 107 complaints have been received through portal ”SHe-box”. All concerned authorities have been requested for appropriate resolution.

(d) & (e)The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 mandates all the workplace which include any department, organisation, undertaking, establishment, enterprise, institution, office, branch or unit which is established, owned, controlled or wholly or substantially financed by funds provided directly or indirectly by the appropriate Government or the local authority or a Government company or a corporation or a co¬operative society having more than 10 workers to constitute Internal Complaint Committee (ICC) for receiving complaints of sexual harassment.The Act cast an obligation upon all the employers to constitute Internal Complaint Committee. Section 23 of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 casts responsibility on the appropriate Government to monitor the implementation of this Act.

(f) Ministry of Women and Child Development had issued advisories to all States/UTs Government to ensure effective implementation of the Act. The Ministries/Departments in Government of India have also been advised to ensure the compliance of the Act from time to time.Ministry of Corporate Affairs along with the industry bodies, Associated Chambers of Commerce & Industry of India (ASSOCHAM), Federation of Indian Chambers of Commerce and Industry (FICCI), Confederation of Indian Society, Chamber of Commerce & Industry (CCI), and National Association of Software and Services Companies (NASSCOM) have also been requested to ensure effective implementation of the Act amongst their members in private sectors.

Further, Department of Personnel and Training has notified the amendments to Central Civil Services (Conduct) Rules 1964 and Central Civil Services (Classification, Control and Appeal) Rules, 1965 align with the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act 2013.

Ministry of Women and Child Development has formulated a Handbook on Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013. The Institute of Secretariat Training and Management (ISTM) in consultation of Ministry of Women and Child Development has also prepared a training module for the training of Internal Complaint Committee constituted under Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013.

Apart from the above, the Ministry has empanelled Institutes/Organizations for imparting training programmes/workshops in different parts of the country under Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013.

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Online complaint management system titled “Sexual Harassment electronic-Box (SHe-Box)” – regarding

Subject: Online complaint management system titled “Sexual Harassment electronic-Box (SHe-Box)” – regarding

The undersigned is directed to say that Ministry of Women & Child Development launched an online complaint management system titled Sexual Harassment electronic-Box (SHe-Box) on 24th July, 2017 for registering complaints related to sexual harassment at workplace. The She-Box is; an initiative to provide a platform to the women working or visiting any office of Central Government (Central Ministries, Departments, Public Sector Undertakings, Autonomous Bodies and Institutions etc.) to file complaints related to sexual harassment at workplace under the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013.

2. Once a complaint is submitted to SHe-Box, it wiil be directly sent to the Internal Complaint Committee (ICC) of the concerned Ministry / Department/ PSU / Autonomous Body etc. having jurisdiction to inquire into the complaint. The She-Box also provides an opportunity to both the complainant and nodal administrative authority to monitor the progress of inquiry conducted by the ICCs. The SHe-Box portal can be accessed at the link given below:

http://www.shebox.nic.in/

3. Features of the SHe-Box are as under:

(i) SHe-Box is an online Complaint Management System for lodging complaints related to sexual harassment of women at workplace. The steps required for filing of complaint through SHe-Box can be downloaded from the link:

http://www.shebox.nic.in/assets/site/downloads/manual.pdf

(ii) Any woman working or visiting any office of Central Government (Central Ministries, Departments, Public Sector Undertakings, Autonomous Bodies an.d Institutions etc.) can file complaint related to sexual harassment at workplace through this SHe-Box.

(iii) Once a complaint is submitted to the SHe-Box, it will directly send the complaint to the Internal Complaints Committee. (ICC) of the concerned Ministry /Department/PSU / Autonomous Body etc; having jurisdiction to inquire into the complaint. The Internal Complaints Committee will take action as prescribed under the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 and update the status of the complaint through ‘Administrator Login‘

(iv) The status of complaint can be viewed at any time by pressing the tab ‘View Status of Your Complaint’ within SHe-Box.

4. The complaint registered in the She-Box contains only a brief description of the incident of sexual harassment at workplace. The Internal Complaints Committee (ICC) is required to initiate inquiry as prescribed under Section 11 of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 read with Department of Personnel & Training’s  O.M. No. 1l013/2/2014-Estt.(A-III) dated 16th July, 2015 by calling upon the complainant to provide detailed complaint along with all the relevant evidences (documentary or otherwise).

5. All the Ministries/Departments are requested to bring the contents of this OM to the notice of all officers and staff working under them. The Ministries/ Departments are also requested to advise the PSEs / Autonomous Bodies under their administrative control to bring the content of SHe-Box to all officers and staff.

6. Hindi version will follow.

To
The Secretaries of All Ministries/Departments
(as per the standard list)

Source: DoPT

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