To direct chief secretary of Government of Uttar Pradesh to take action against wrongdoer.

To direct chief secretary of Government of Uttar Pradesh to take action against wrongdoer who attacked  the dignity of women
Yogi M. P. Singh [yogimpsingh@gmail.com]
Sent:       Wed 22-10-14 12:06
To:      pmosb; supremecourt; urgent-action; ‘uphrclko’; hgovup@up.nic.in; ‘cmup@up.nic.in’; ‘csup@up.nic.in’
Hon’ble Sir- With due
respect your applicant wants to draw the kind attention of the Hon’ble Sir to
the following submissions as follows.
1-It is submitted before the Hon’ble Sir that
समाज कल्याण निगम के प्रबंध निदेशक विंध्यवासिनी प्रसाद सिंह के खिलाफ आखिरकार महिलाकर्मी से छेड़छाड़ के मामले में केस दर्ज हो ही गया।
जल्द ही उनसे पूछताछ की जाएगी। मामला सात महीने पुराना है। पीड़ित महिला का आरोप है कि वह शिकायत लेकर महीनों से दरदर भटक रही थी।
सीएम से लेकर तमाम आला अफसरों से गुहार लगाई। इसका खामियाजा उसे बर्खास्तगी के रूप में भुगतना पड़ा।
विभूति खंड थाने में सोमवार को दर्ज कराई गई शिकायत में पीड़ित महिला ने बताया है कि 26 दिसंबर 2013 को विंध्यवासिनी प्रसाद सिंह ने बतौर प्रबंध निदेशक निगम में जॉइन किया।
तबसे ही विंध्यवासिनी की उस पर बुरी नजर थी। गत 15 मार्च को शाम साढ़े चार बजे जब वह पत्रावली लेकर एमडी ऑफिस गई तो अकेला पाकर विंध्यवासिनी ने उससे अश्लील हरकतें कीं।
2-It is submitted before the Hon’ble Sir that
Hon’ble Sir may take a glance of guide lines provided by apex court of India in
order to protect the rights of women working in public offices specially to
curb sexual exploitation of women at work place-
The GUIDELINES and NORMS
prescribed herein are as under:-
HAVING REGARD to the
definition of ‘human rights’ in Section 2(d) of the Protection of Human Rights
Act, 1993, TAKING NOTE of the fact that the present civil and penal laws in
India do not adequately provide for specific protection of women from sexual
harassment in work places and that enactment of such legislation will take
considerable time, It is necessary and expedient for employers in work places
as well as other responsible persons or institutions to observe certain
guidelines to ensure the prevention of sexual harassment of women:
1. Duty of the Employer or
other responsible persons in work places and other institutions:
It shall be the duty of the
employer or other responsible persons in work places or other institutions to
prevent or deter the commission of acts of sexual harassment and to provide the
procedures for the resolution, settlement or prosecution of acts of sexual
harassment by taking all steps required.
It is submitted before the Hon’ble Sir that
crime event took place on 15-March-2014 as obvious from
गत 15 मार्च को शाम साढ़े चार बजे जब वह पत्रावली लेकर एमडी ऑफिस गई तो अकेला पाकर विंध्यवासिनी ने उससे अश्लील हरकतें कीं।and aggrieved lady
is knocking door after door of accountable functionaries but no reprieve as
obvious 
मामला सात महीने पुराना है। पीड़ित महिला का आरोप है कि वह शिकायत लेकर महीनों से दरदर भटक रही थीWhether these
guidelines framed by Hon’ble apex court of India is being pursued in this largest
state of this democratic republic.
 3-It is submitted before the Hon’ble
Sir that 
2. Definition:
For this purpose, sexual
harassment includes such unwelcome sexually determined behaviour (whether
directly or by implication) as:
a) physical contact and
advances;
b) a demand or request for
sexual favours;
c) sexually coloured
remarks;
d) showing pornography;
e) any other unwelcome
physical verbal or non-verbal conduct of sexual nature.
Where any of these acts is
committed in circumstances where under the victim of such conduct has a
reasonable apprehension that in relation to the victim’s employment or work
whether she is drawing salary, or honorarium or voluntary, whether in
government, public or private enterprise such conduct can be humiliating and
may constitute a health and safety problem. It is discriminatory for instance
when the woman has reasonable grounds to believe that her objection would
disadvantage her in connection with her employment or work including recruiting
or promotion or when it creates a hostile work environment. Adverse
consequences might be visited if the victim does not consent to the conduct in
question or raises any objection thereto
.
Instead of lodging F.I.R. Against
the offender ,victim was suspended from the service as ipsofacto obvious
सीएम से लेकर तमाम आला अफसरों से गुहार लगाई। इसका खामियाजा उसे बर्खास्तगी के रूप में भुगतना पड़ा।
4-It is submitted before the Hon’ble Sir that
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.
(c) As regards private
employers steps should be taken to include the aforesaid prohibitions in the
standing orders under the Industrial Employment (Standing Orders) Act, 1946.
(d) Appropriate work
conditions should be provided in respect of work, leisure, health and hygiene
to further ensure that there is no hostile environment towards women at work
places and no employee woman should have reasonable grounds to believe that she
is disadvantaged in connection with her employment.
 Here no F.I.R. Was lodged
and instead of taking any action against crime perpetrator ,action was taken
against victim. Whether such public authority can protect human rights violation.
This is government of Uttar Pradesh where rule of law has been replaced by
anarchy . Here all the performances of government is on the paper instead of at
ground level.
5-It is submitted before the Hon’ble Sir that
4. Criminal Proceedings:
Where such conduct amounts to
a specific offence under the Indian Penal Code or under any other law the
employer shall initiate appropriate action in accordance with law by making a
complaint with the appropriate authority.
In particular, it should
ensure that victims, or witnesses are not victimized or discriminated against
while dealing with complaints of sexual harassment. The victims of sexual
harassment should have the option to seek transfer of the perpetrator or their
own transfer.
 Here instead transferring the
victim ,she was terminated from the service so that there is no need to comply
this provision. In order to shut the mouth of victim she was dismissed from the
service and in view of your applicant there can be no more victimization and
accountable public functionaries of the state remained mute spectators.
6-It is submitted before the Hon’ble Sir that
5. Disciplinary Action:
Where such conduct amounts to mis-conduct in employment as defined
by the relevant service rules, appropriate disciplinary action should be
initiated by the employer in accordance with those rules.
Eight
months have passed in lodging F.I.R. ,what can be expected from such public
functionaries
.
7-It is submitted before the Hon’ble Sir that
6. Complaint Mechanism:
Whether or not such conduct
constitutes an offence under law or a breach of the service rules, an
appropriate complaint mechanism should be created in the employer’s
organization for redress of the complaint made by the victim. Such complaint
mechanism should ensure time bound treatment of complaints.
7. Complaints Committee:
The complaint mechanism,
referred to in (6) above, should be adequate to provide, where necessary, a
Complaints Committee, a special counsellor or other support service, including
the maintenance of confidentiality.
The Complaints Committee
should be headed by a woman and not less than half of its member should be
women.
Further, to prevent the
possibility of any under pressure or influence from senior levels, such
Complaints Committee should involve a third party, either NGO or other body who
is familiar with the issue of sexual harassment.
The Complaints Committee must
make an annual report to the government department concerned of the complaints
and action taken by them. The employers and person in charge will also report
on the compliance with the aforesaid guidelines including on the reports of the
Complaints Committee to the Government department.
8. Workers’ Initiative:
Employees should be allowed
to raise issues of sexual harassment at workers meeting and in other
appropriate forum and it should be affirmatively discussed in Employer-Employee
Meetings.
9. Awareness:
Awareness of the rights of
female employees in this regard should be created in particular by prominently
notifying the guidelines (and appropriate legislation when enacted on the
subject) in suitable manner.
10. Where sexual harassment
occurs as a result of an act or omission by any third party or outsider, the
employer and person in charge will take all steps necessary and reasonable to assist
the affected person in terms of support and preventive action.
11. The Central/State
Governments are requested to consider adopting suitable measures including
legislation to ensure that the guidelines laid down by this order are also
observed by the employers in Private Sector.
12. These guidelines will not
prejudice any rights available under the Protection of Human Rights Act, 1993.
Accordingly, we direct that
the above guidelines and norms would be strictly observed in all work places for
the preservation and enforcement of the right to gender equality of the working
women. These directions would be binding and enforceable in law until suitable
legislation is enacted to occupy the field. These Writ Petitions are disposed
of, accordingly.
Although these guide lines
are excellent but why public functionary is not pursuing is imperative and
requires deep meditation. Whether  government really wants to curb
incidences of human rights violations. Whether these ideologies only for public
platform for our public functionaries and untouched to their practice.
8-It is submitted before the Hon’ble Sir that
Hon’ble Sir may take perusal of this court order-
Grewal ) Brig. Chairman
” 10. A writ petition was filed by her questioning the legality of the
said order of termination alleging sexual harassment by
Hitendra Bahadur as one of the grounds, wherein an interim order was passed on 3.5.2006.
The said interim order is impugned in these appeals. 11. In the meanwhile a
purported enquiry was conducted. Respondent No.1 allegedly participated
therein. By a report dated 20th January, 2005 it was found to be not a case ofsexual harassment.
Hitendra Bahadur was directed to be counseled. 12. Before the High Court
appellants filed their counter-affidavits inter alia contending :- (i) That the
order of termination has nothing to do with the alleged sexual harassment.
6  (ii) Writing a letter was merely appreciable in nature and by reason
thereof no sexual harassment was caused by
Hitendra Bahadur. (iii) Hitendra Bahadur has nothing to do with the Management
of the School and that the letter having been sent from Sonamarg cannot be said
to have any sexual harassment at the work place of
the first respondent. 13. By reason of the impugned order, however, the
Division Bench found that it was a clear cut case of sexual harassment
parties we may notice that a
review application was filed before the High Court which was also dismissed by
order dated 18th May, 2006. The said order of the High Court refusing to review
its earlier order dated 3rd May, 2006 is not in question in these appeals. 15.
We may furthermoreplace on record that a first information report
was also lodged against respondent No.1 by the school management alleging
financial irregularities. After investigation carried out in this behalf a
final report was submitted exonerating her and the report has been accepted by
the Chief Judicial Magistrate, Pithoragarh by an order dated 13th February,
2006. 16. Mr. K.K. Rai and Mr. Chetan Sharma, learned senior counsel appearing
on behalf of the appellants would submit :- (1) That the High Court should not
have arrived at its finding that Col Hitendra Bahadur had causedsexual harassment to
respondent 8  No.1, so as to pass a final judgment on the subject despite
directing initiation of a disciplinary proceeding against them. (2) As first
respondent was appointed only on probation for one year and during the
probation period her services could be terminated by giving one month’s notice
other body who is familiar
with the issue of sexual harassment. The Complaints
Committee must make an annual report to the Government Department concerned of
the complaints and action taken by them. The employers and person-in-charge
will also report on the compliance with the aforesaid guidelines including on
the reports of the Complaints Committee to the Government Department.” The
Court furthermore defined `sexual harassment‘ to include :-
11  “For this purpose, sexual harassment includes
such unwelcome sexually determined behaviour (whether directly
or by implication) as: (a) physical contact and advances; (b) a demand or
request for sexual favours; (c) sexually-coloured remarks;
(d) showing pornography; (e) any other unwelcome physical, verbal or non-verbal
conduct of sexual nature. The Legislature too have keeping in
mind the abovenoted guidelines from Vishakha (supra) recently drafted the
Protection of Women against Sexual Harassment at
Workplace Bill, 2007. The Bill is to provide `for the prevention and redressal
of sexual harassment of women at workplace and for
matters connected therewith or incidental thereto’. The draft law provides for
consideration of a mandatory committee to hear complaints of sexual harassment.
It also stipulates the procedures for setting up of these committees. If the
complaint
effect to in terms of Article
144 of the Constitution of India. A complaint committee as per `Vishakha’ was
constituted for the other teachers and the staff but evidently no complaint
committee was constituted for entertaining a complaint of this nature. Even the
purported disciplinary action initiated by the appellants does not provide a
complete picture. A report was submitted but whether any further action has
been taken or not is not known. 14 25. The High Court, in our opinion, without
getting the matter enquired into could not have opined that it was a clear cut
case of sexual harassment of the writ petitioner
and on that basis directed initiation of a disciplinary action in the manner as
has been done in paragraph 8 noticed (supra). 26. We, in modification, of the
order passed by the High Court direct that as no complaint committee has been
constituted, which was imperative in character, the High Court may appoint a
Three Members Committee headed by a Lady and in the event it is found that the
writ petitioner was subjected to sexual harassment, the
report thereof may be sent to the army authorities for initiation of a
disciplinary action against
 It seems that these
judgements of the courts are advisory in nature ,otherwise who dare to disobey
the court order. After all what is going on in the practice of public
functionaries in the India is not signal of healthy democracy. Here justice is
not available to poor and downtrodden class and whistle blowers are physically
and mentally tortured.
   This is humble request
of your applicant to you Hon’ble Sir that action must be taken against those
making mockery of law of land in schizophrenic way and having no regard for
humanitarian values. Protection of human rights means rule of law is
alive.  For this your applicant shall ever pray you Hon’ble Sir.
                                                                                  
                                         
Yours sincerely
                         
               Yogi
M. P. Singh
Mohalla-Surekapuram, Jabalpur Road,
District-Mirzapur, State-Uttar Pradesh, India

2 comments on To direct chief secretary of Government of Uttar Pradesh to take action against wrongdoer.

  1. समाज कल्याण निगम के प्रबंध निदेशक विंध्यवासिनी प्रसाद सिंह के खिलाफ आखिरकार महिलाकर्मी से छेड़छाड़ के मामले में केस दर्ज हो ही गया।

    जल्द ही उनसे पूछताछ की जाएगी। मामला सात महीने पुराना है। पीड़ित महिला का आरोप है कि वह शिकायत लेकर महीनों से दर-दर भटक रही थी।

    सीएम से लेकर तमाम आला अफसरों से गुहार लगाई। इसका खामियाजा उसे बर्खास्तगी के रूप में भुगतना पड़ा।

    विभूति खंड थाने में सोमवार को दर्ज कराई गई शिकायत में पीड़ित महिला ने बताया है कि 26 दिसंबर 2013 को विंध्यवासिनी प्रसाद सिंह ने बतौर प्रबंध निदेशक निगम में जॉइन किया।

    तबसे ही विंध्यवासिनी की उस पर बुरी नजर थी। गत 15 मार्च को शाम साढ़े चार बजे जब वह पत्रावली लेकर एमडी ऑफिस गई तो अकेला पाकर विंध्यवासिनी ने उससे अश्लील हरकतें कीं।

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