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3. Preventive Steps :
All employers or persons in charge of work place whether in the public or private sector should take appropriate steps to prevent sexual harassment. Without prejudice to the generality of this obligation they should take the following steps:
(a) Express prohibition of sexual harassment as defined above at the work place should be notified, published and circulated in appropriate ways.
(b) The Rules/Regulations of Government and Public Sector bodies relating to conduct and discipline should include rules/regulations prohibiting sexual harassment and provide for appropriate penalties in such rules against the offender.
19. We asked a specific question to the learned Sr. Counsel appearing for the respondent as to whether any such instance is discernible from Annexure A10 and to point out, how it becomes connected or linked with any of the circumstances mentioned under Rule 3C of the Conduct Rules or the meaning of the term 'sexual harassment' as defined by the Apex Court in Vishaka's case. The learned Sr.Counsel submitted that, it is to be examined by the 'Complaints Committee', however adding that the 4th petitioner having crossed over the legs of women staging Dharna in the office premises is enough to constitute the misconduct/offence of 'sexual harassment'. W.P.(C)No.9695 OF 2008
(a) there was any physical contact and advances between the petitioner and any of the respondents 1 to 9;
(b) a demand or request for sexual favours;
(c) any sexually coloured remarks;
(d) any instance of showing pornography; or
(e) any other unwelcome physical, verbal or non-verbal conduct of sexual nature.
What is stated is only that, in the course of finding access to and from the office, the shoes of the petitioner happened to touch the clothes of some of the lady agitators and that's all. Nowhere in Annexure A10 complaint, had they made any allegation that there was any attempt/advance of 'sexual harassment' from the part of the 4th petitioner, coming within the purview of meaning of the term, as defined by the Apex Court in Vishaka's case or under Rule 3C of the CCS(Conduct) Rules . W.P.(C)No.9695 OF 2008 Merely for the reason that the entry and exit of the 4th petitioner from his office during the course of 'Dharna'/agitation had caused some embarrassment to the lady agitators (if it be so), it cannot constitute any misconduct of 'sexual harassment' as defined by the Apex Court or Rule 3C of the Conduct Rules. The allegation that the 4th petitioner had taken photographs of the agitating lady workers in his mobile phone has been specifically denied by the 4th petitioner in Ext.P3. That apart, even if such mobile pictures were taken, it would not intrude the privacy of the respondents, who were openly agitating together along with others, including both men and women (as many as 100 even according to the complainants) and this cannot be cited as an offensive step. It is also pointed out that press photographers had come to the scene and had taken photographs of the agitators including the complainants/respondents herein and that the same had been published in some of the dailies. In what way did it offend the complainants to constitute a 'sexual harassment' as defined by the Apex Court in Vishaka's case or under Rule 3C of the CCS (Conduct) Rules, remains as a matter W.P.(C)No.9695 OF 2008 of mystery.
(iii) After commencement of Act 14 of 2013 w.e.f. 09.12.2013 if any complaint is received involving a misconduct of 'sexual harassment' as defined under Section 2(n) of the said Act, it shall be caused to be dealt with in terms of the provisos of the Act/Rules.
(iv) It is open for this Court/Tribunal to intercept the proceedings on exceptional circumstances,, if the complaint does not disclose any instance of misconduct of 'sexual harassment' coming W.P.(C)No.9695 OF 2008 within the purview of Rule 3C of the CCS (Conduct) Rules/Sec.2(n) of Act 14 of 2013.