Redressal of Complaints/Grievances of Women Employees of Delhi Urban Arts Commission

The guidelines contained in the judgement dated 13.08.1997 of the Hon’ble Supreme Court of India in Vishaka & others versus State of Rajasthan, envisaged creation of an appropriate complaint mechanism in the employer’s organisation including a Complaint Committee of the composition stipulated therein for speedy redressal of the complaint made by the victim. As per the order dated 26.04.2004 passed by Hon’ble Supreme Court of India in the case of Medha Kotwal Lele & Others versus UOI & others, the Complaint Committee referred to above will be deemed to be an inquiry authority for the purpose of the CCS (Conduct) Rules, 1964 and its report shall be deemed to be an inquiry report under these Rules. Hon’ble Supreme Court of India vide its Order dated 12.05.2023 in Civil Appeal No. 2482 of 2014 in the matter of Aureliano Fernandes V/s The State of Goa further re-iterates the need to follow the guidelines contained in the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013.

  1. The employees of the Commission are governed by the CCS (Conduct) Rules, 1964 which treats sexual harassment of women as misconduct as per the provision of Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013. Main features contained of this Act are as under:-

I) No employee should indulge in any act of sexual harassment of any women at her work place.

II) Every employee in-charge of a work place shall take appropriate steps to prevent sexual harassment to any women employee.

  1. For the purpose of this Rule –

(i) Sexual harassment includes any unwelcome sexually determined behaviour, whether directly or otherwise, such as-

(a) physical contact and advances

(b) demand or request for sexual favours

(c) sexually coloured remarks

(d) showing any pornography

(e) any other unwelcome physical, verbal or non-verbal conduct of a sexual nature.

(ii) 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: -

a) implied or explicit promise of preferential treatment in employment,

b) implied or explicit threat of detrimental treatment in employment,

c) implied or explicit threat about her present or future employment status,

d) interference with her work or creating an intimidating or offensive or hostile work environment for her.

e) humiliating treatment likely to affect her health or safety.

  1. The Act/instructions on the subject further provide that

• an appropriate complaint mechanism should be created for time bound redressal of grievance by the victims. The machinery existing for this purpose should be made more effective and women officers should preferably handle such complaints.

• The Committee shall be deemed to be the Inquiring Authority appointed by the Disciplinary Authority. The report of the Complaints Committee shall be deemed to be an inquiry report under the CCS (Conduct) Rules. Thereafter the disciplinary authority will act on the report as per the rules.

• The victims of sexual harassment should have the option to seek transfer of the perpetrator or their own transfer.

  1. Based on the guidelines issued by the Hon’ble Supreme Court of India and further instructions of the Govt of India, a Complaints Committee has been constituted in the Delhi Urban Arts Commission. The details of the Presiding Officer and Members along with their email IDs are as under:-

    2. 1 Smt. Nivedita Pandey, Member, DUAC Presiding Officer udaynivedita@gmail.com
    2 Smt. Ruby Kaushal, Secretary, DUAC Member secy-duac@gov.in
    3 Smt. Mridula Tandon, President Sakshi (NGO) External Member sakshi.cec@gmail.com
    4 Shri Rajeev Kumar Gaur, Assistant Secretary (Technical) Member ast-duac@gov.in
  1. Any aggrieved woman or her legal heir or such other person as may be prescribed in case the aggrieved woman is unable to make a complaint may make, in writing a complaint of sexual harassment at the workplace to the Complaint Committee.

Click Here: The Sexual Harassment of women at the workplace (Prevention, Prohibition, and Redressal) Act, 2013


Instructions issued by the Department of Personal & Training of the Subject- Prevention of Sexual Harassment of Women at the Workplace