...... RIGHTS OF WOMEN AND CHILDREN 77
Following from above, preliminary steps were required to be taken to make an amendment in Rule 14(2) of the CCS (CCA) Rules so as to include an explanation that in cases relating to sexual harassment the Complaints Committee shall be deemed to be the Inquiry Authority.
Accordingly, a consequential amendment would have to be made in the definition (Interpretation) Clause as well, viz. the Complaints Committee shall be an authority within the meaning of Rule 14(2) in cases involving allegations of sexual harassment at places of work.
The Complaints Committee should also be given more powers whereby they could take the initiative to sensitize/alter the behaviour of the perpetrator. 7.18 In pursuance of the proceedings of the meeting held on 1st May 2003, the DOPT consulted the Department of Legal Affairs on the proposal of the Commission that Rule 14(2) of the CCS (CCA) Rules, 1965 maybe amended to give a statutory backing to the findings of the Complaints Committee. Thereafter, it forwarded the opinion of the Department of Legal Affairs in the said matter. 7.19 As the view of the Department of Legal Affairs was not in consonance with the discussions held earlier, the DOPT was once again requested to look into the decisions taken in the meeting held on 01.5.2003, as well as the opinion of the Department of Legal Affairs, so as to avoid duplication of work involved in having the complaints of sexual harassment of women at the workplace examined twice – once by the Complaints Committee and again by the Inquiry Committee under the CCS (CCA) Rules. 7.20 In response to the Commission’s request made to the DOPT on 01.8.2003, it has been reported by them vide their letter dated 10.2.2004 that the Department had sought the opinion of the Learned Attorney General in the matter, keeping in view that supreme Court was considering the same issue in the case of Medha Kotwal Lele and others Vs. Union of India and others [Writ Petition (Crl.) No. 173 – 177/1999]. They had received the opinion of the learned Attorney General and the same was under consideration in the Department. The Commission intends to pursue this matter further. The Supreme Court, by its order dated 26.4.2004 in Writ Petition (Crl.) No.173-177/1999 Medha Kotwal Lele Vs Union of India has now held that the Complaints Committee as envisaged in Vishaka’s case will be deemed to be an inquiry authority for the purposes of the Central Civil Services (Conduct) Rules 1964 and its report shall be deemed to be an inquiry report under these Rules. 7.21 At the instance of the Commission, Action Aid India, a member of the Core Group on NGOs set up by the Commission, volunteered to undertake a survey on the implementation of the guidelines issued by the Supreme Court in their judgement dated 13.08.1997 in Vishaka vs. State of Rajasthan. The NGO conducted the survey in approximately 850 ANNUAL REPORT 2003-04