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RIGHTS OF WOMEN AND CHILDREN
cooperation to Manav Seva Sansthan "SEVA", as and when required, in order
to help in the prevention of trafficking of women and children across the border.
It was also suggested that whenever an offender indulging in trafficking is
caught by the concerned NGO and produced before the police officer in-charge
of the check post, appropriate legal action should be initiated forthwith. This
could include the institution of a criminal case against the offender, if a
cognizable offence is made out. All of the three Directors General of Police were
also requested to inform the Commission of the action taken in this regard.
7.28 As of the time of writing this report, the Government of Uttar Pradesh
has indicated that appropriate action has been taken by it in accordance with
the suggestions of the Commission. The matter is being pursued with the other
States.
B] Combating Sexual Harassment of Women
at the Work Place
7.29 The year under review saw the continuation of the Commission's efforts
to combat sexual harassment at the work place.
7.30 In its preceding annual report, the Commission had indicated that, based
on decisions taken in a meeting convened under the Chairpersonship of Justice
(Smt.) Sujata V. Manohar on 1 March 2001, the Commission had written 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 be considered as final against the
delinquent official, as this would lead to an 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".
7.31 The Department of Personnel and Training had, thereafter, in consultation
with the Ministry of Law, Justice and Company Affairs (Department of Legal
Affairs), replied to the Commission on 15 June 2001 stating that while the
Complaints Committee has been envisaged under the judgment of the Supreme
Court, the CCS (CCA) Rules, 1965 have been framed under the proviso to
Article 309 of the Constitution of India which have statutory force. It was added
that Rule 14(2) of these rules provides that whenever the disciplinary authority
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