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Annual Report - National Human Rights Commission

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Complaints Before the <strong>Commission</strong><br />

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recommended to the Chairman & MD of Southern Power Distribution Co. of A.P. Ltd. to<br />

personally look into the matter and consider what further ex-gratia amount could be given<br />

to the widow.<br />

4.112 A communication dated 22/6/2004 received from the Southern Power Distribution Co.<br />

of A.P. Ltd. indicated that the Company had paid an additional amount of Rs. 20,000/- in addition<br />

to Rs. 10,000/- already paid to the wife of the deceased. The report was taken on record and the<br />

case was closed.<br />

18. Sexual Harassment at work place - Case No. 1775/35/2003-2004-WC<br />

4.113 The <strong>Commission</strong> took cognizance of a complaint, dated 12-3-2004 referred by<br />

Ms. K. Geeta, Programme Coordinator of SAKSHI, an NGO alleging sexual harassment of<br />

Ms. Asha Rajora, Technical Assistant in the Herbal Research and Development Institute,<br />

Gopeshwar, Uttaranchal by the Director of the Institute. Allegations of further harassment by<br />

way of non-renewal of her job contract with effect from 1-5-2004 were also levelled.<br />

4.114 The <strong>Commission</strong> directed the Chief Secretary, Uttaranchal and District Magistrate,<br />

Dehradun to submit their reports in the matter. The <strong>Commission</strong> also directed the State Authorities<br />

to inform (i) whether the Vishakha Guidelines are being followed in letter and spirit,<br />

while holding the inquiry; and (ii) whether any protection has been given to the complainant in<br />

the meanwhile.<br />

4.115 An interim report received from the Chief Secretary, Government of Uttaranchal indicated<br />

that the <strong>Commission</strong>er, Garhwal Circle, has been requested to inquire into the matter as he was<br />

heading the Divisional Vigilance Committee. The interim report was however silent about the<br />

constitution of Divisional Vigilance Committee and whether it is in conformity with the guidelines<br />

laid down by the Supreme Court of India in Vishakha’s case, which requires that the Complaints<br />

Committee should be headed by a woman and not less than half of its members should be<br />

women. Further, to prevent the possibility of any undue pressure or influence from senior levels<br />

such Complaints Committee should involve a third party, either NGO or other body who is<br />

familiar with the issue of sexual harassment. The Chief Secretary, Uttaranchal was therefore<br />

requested to clarify as to whether the Divisional Vigilance Committee is in conformity with<br />

Vishakha Guidelines.<br />

4.116 The Principal Secretary, Government of Uttaranchal informed the <strong>Commission</strong> that<br />

on the basis of the recommendations made by the Vigilance Committee, which was constituted<br />

in accordance with the guidelines in Vishakha case, the services of Dr. J. S. Rawat,<br />

Director, HRDI, Gopeshwar were terminated with effect from 4.10.2004. Since action<br />

had been taken by the Government in the case of sexual harassment the case was closed<br />

on 17-1-2005.<br />

<strong>National</strong> <strong>Human</strong> <strong>Rights</strong> <strong>Commission</strong> <strong>Annual</strong> <strong>Report</strong> - 2004-2005<br />

45<br />

AR-Chapter-1-19-10-6-06.p65<br />

65<br />

7/17/06, 6:29 PM

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