68 : RIGHTS OF WOMEN AND CHILDREN
7.8 The Commission is pleased to note that the CBSE has, through its letter of 20
August 2001 informed the Commission that a proposal is under consideration to
amend the affiliation by-laws in order to make it essential for CBSE affiliated schools
to set-up complaints mechanisms along the lines directed by the Supreme Court. The
CBSE has further stated that all affiliated schools are being requested to send quarterly
Action Taken Reports on the subject, for which a proforma has been devised covering
the instructions of the Apex Court and that the modalities for a Helpline were under
consideration.
7.9 In a further meeting presided over by the Chairperson of the Commission, a
discussion was held in respect of the sexual harassment of women in the legal
profession. Shri Soli S. Sorahjee, Attorney General of India, Shri D.V. Subba Rao,
Chairman, Bar Council of India and Shri R.K. Jain, Senior Advocate, Supreme Court
attended that meeting. Subsequent to the meeting, the Commission constituted a
high-level Committee on 21 December 2001, under the chairmanship of Shri Soli
Sorahjee in his ex-officio capacity to consider all aspects of the problem of sexual
harassment of women in the legal profession and to make suitable recommendations
for the penalisation/punishment of those who may be involved. Specifically, the
Committee was also asked to consider whether amendments were needed to the
Advocates Act, 1961 and the Bar Council Rules, and to advise the Commission of its
views on this matter.
7.10 In a parallel effort, the Commission wrote to the Department of Personnel and
Training (DOPT) recommending that 'the findings of the Complaints Committee in all
matters pertaining to sexual harassment at the place of work should he considered as
final against the delinquent official, as this would lead to early decision on the sensitive
issue, and, save the victim from undue harassment. For this purpose the inquiry
conducted by the Complaints Committee should be deemed as the inquiry conducted
in a departmental inquiry under the disciplinary proceedings drawn up against the
delinquent official.' That Department, in turn referred the matter to the Ministry of
Law, Justice and Company Affairs (Department of Legal Affairs) for examination,
which gave the opinion that such a procedure could not be followed. The Commission,
thereafter, sought the advice of Shri P. Chidambaram, Senior Advocate. He has opined
that there is no legal impediment to amending the Service Rules in such a manner tliai
the inquiry conducted by the Complaints Committee be treated as a departmental
inquiry. The Commission therefore intends to pursue this matter further.
NATIONAL HUMAN RIGHTS COMMISSION