Annual Report - National Human Rights Commission

Rights of Women and Children
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Research on Trafficking in Women and Children in India, the details of which are given in
Chapter 12 also highlights the fact that though on the one hand tourism promotes development,
on the other it paves the way for various illegal activities. Prominent among these is trafficking
of young women and children for gratifying their deviant sexual proclivities. This Report also
exemplifies that India was gradually becoming a favoured tourist destination. As tourism
industry encompasses a whole range of allied sectors, such as, airlines, hotels, restaurants,
travel and tour agencies, the Commission, as was reported in the annual report for 2003-04,
had conducted a one-day Sensitization Programme on Prevention of Sex Tourism and
Trafficking in the year 2003 in Mumbai in collaboration with UNIFEM and a Mumbai-based
NGO. It was also reported that the recommendations that had emanated from this Programme
were accepted by the Commission and as per its directions these were also forwarded to the
Tourism Secretaries and the Secretaries in-charge of Women Welfare of all the States and
Union Territories for taking appropriate action.
8.15 In this connection, the Commission has received Action Taken Reports from Governments
of Sikkim, Jharkhand, Tamil Nadu, Manipur, Punjab, Meghalaya, Union Territory of Andaman
& Nicobar Islands and NCT of Delhi. The Commission intends to monitor the compliance of
the recommendations made in the above Workshop and is hopeful that all those States/Union
Territories who have so far not complied with the Commission’s recommendations would do so
at the earliest.
B] Combating Sexual Harassment of Women at the Workplace
8.16 The Commission has been monitoring the implementation of the guidelines to prevent
and combat sexual harassment of women at the work place issued by the Supreme Court in
Vishaka v State of Rajasthan case [No. 1997 (6) SCC 241 dated 13.8.1997]. In pursuance of
those guidelines, the Central Government (Department of Personnel & Training) has amended
the Central Civil Services (Conduct) Rules, 1964 by inserting a new Rule (Rule 3C – Prohibition
of sexual harassment of working women). The Department of Personnel & Training also requested
all the State Governments to incorporate similar provisions in their Conduct and Disciplinary
Rules. The State Governments and Union Territories were also requested to create an appropriate
complaint mechanism, which includes setting up of a Complaints Committee in all Departments.
Though most of the State Governments had amended the Government Servants’ Conduct Rules
and set up Complaint’s Committee, some States are yet to report. While Arunachal Pradesh,
Karnataka, Manipur and Sikkim have not amended their Conduct Rules; the States of Karnataka,
Sikkim and Uttaranchal have not set-up the complaints mechanism.
8.17 In order to avoid duplication of work involved in having the same complaint examined
twice – once by the Complaints Committee and again by the Disciplinary Committee, the
Commission continued to follow-up on this issue with the Department of Personnel and
Training. It was also reported that the Supreme Court in the case of Medha Kotwal Lele &
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