Creating trouble in job amounts to Sexual Harassment

Amendments to the Central Civil Services (Conduct) Rules, 1964 and Central Civil Services (Classification, Control and Appeal) Rules, 1965 have been carried out on 19.11.2014 vide Central Civil Services (Conduct) Second Amendment Rules, 2014, to make working conditions more conducive for women.

As per the new definition contained in the Explanation (1) under the amended Rule 3C of the Central Civil Services (Conduct) Rules, 1964, “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)     a demand or request for sexual favours; or

(iii)    making sexually coloured remarks; or

(iv)    showing pornography; or

(v)     any other unwelcome physical, verbal, non verbal conduct of a sexual nature.

The following circumstances, among others, 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.

Further, as per Explanation (1)(c) under the Rule 3C of the Central Civil Services (Conduct) Rules, 1964, “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 .

This was stated by Minister of State for Personnel, Public Grievances and Pensions Dr. Jitendra Singh in a written reply to Shri Rajan Vichare in the Lok Sabha  today.

Source- Press Information Bureau , Government of India, Ministry of Personnel, Public Grievances & Pensions – Press release dated-26-November-2014