28-February-2013
Thursday, February 28, 2013
The Post-Budget Press Conference
Shri P. Chidambaram addressing
The Union Finance Minister, Shri P. Chidambaram addressing the Post-Budget Press Conference, in New Delhi on February 28, 2013. (PIB)
28-February-2013
28-February-2013
A gift on women day
27-February-2013 18:49 IST
Sexual Harassment of Women at Workplace
(Prevention, Prohibition and Redressal) Bill, 2013 Sexual Harassment of Women
The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Bill, 2012 was passed by the Rajya Sabha on 26th February 2013. Lok Sabha has passed it in September 2012.Sexual Harassment at workplace is a violation of women’s right to gender equality, life and liberty. It creates an insecure and hostile work environment, which discourages women’s participation in work, thereby adversely affecting their economic empowerment and the goal of inclusive growth. However, there is no domestic law to address this issue except a few provisions of the Indian Penal Code and the Supreme Court Guidelines in the case of Vishaka vs. State of Rajasthan. The increasing work participation rate of women has made it imperative that a comprehensive legislation focusing on prevention of sexual harassment as well as providing a redressal mechanism be enacted.
The salient features of the Act are as follows:
(i) It defines “sexual harassment at the workplace” in a comprehensive manner, in keeping with the definition laid down in the Vishaka judgment, and broadening it further to cover circumstances of implied or explicit promise or threat to a woman’s employment prospects or creation of hostile work environment or humiliating treatment, which can affect her health or safety.
(ii) The definition of “aggrieved woman”, who will get protection under the Act is extremely wide to cover all women, irrespective of her age or employment status, whether in the organised or unorganised sectors, public or private and covers clients, customers and domestic workers as well.
(iii) While the “workplace” in the Vishaka guidelines is confined to the traditional office set-up where there is a clear employer-employee relationship, the Act goes much further to include organisations, department, office, branch unit etc in the public and private sector, organized and unorganized, hospitals, nursing homes, educational institutions, sports institutes, stadiums, sports complex and any place visited by the employee during the course of employment including the transportation.
(iv) Definition of employee covers regular/temporary/ad hoc/daily wage employees, whether for remuneration or not and can also include volunteers. The definition of employer includes the head of the Government department/organisation/institution/office/branch/unit, the person responsible for management/supervisions/control of the workplace, the person discharging contractual obligations with respect to his/her employees and in relation to a domestic worker the person who benefits from that employment.
(v) The redressal mechanism provided in the Act is in the form of Internal Complaints Committee (ICC) and Local Complaints Committee (LCC). All workplaces employing 10 or more than 10 workers are mandated under the Act to constitute an ICC. The ICC will be a 4 member committee under the Chairpersonship of a senior woman employee and will include 2 members from amongst the employees preferably committed to the cause of women or has experience in social work/legal knowledge and includes a third party member (NGO etc) as well.
(vi) Complaints from workplaces employing less than 10 workers or when the complaint is against the employer will be looked into by the LCC. A District Officer notified under the Act will constitute the LCC at the district level. LCC will also look into complaints from domestic workers.
(vii) LCC will be a five member committee comprising of a chairperson to be nominated from amongst eminent women in the field of social work or committed to the cause of women, one member from amongst women working in block/taluka/tehsil/manicipality in the district, two members of whom at least one shall be a woman to be nominated from NGOs committed to the cause of women or a person familiar with the issues related to sexual harassment provided that at least one of the nominees should preferably have a background in law or legal knowledge. The concerned officer dealing with the social welfare or women and child development shall be an ex officio member.
(viii) A complaint of sexual harassment can be filed within a time limit of 3 months. This may be extended to another 3 months if the woman can prove that grave circumstances prevented her from doing the same.
(ix) The Act has a provision for conciliation. The ICC/LCC can take steps to settle the matter between the aggrieved woman and the respondent, however this option will be used only at the request of the woman. The Act also provides that monetary settlement shall not be made a basis of conciliation. Further, if any of the conditions of the settlement is not complied with by the respondent, the complainant can go back to the Committee who will proceed to make an inquiry.
(x) The Committee is required to complete the inquiry within a time period of 90 days. On completion of the inquiry, the report will be sent to the employer or the District Officer, as the case may be, they are mandated to take action on the report within 60 days.
(xi) In case the complaint has been found proved, then the Committee can recommend action in accordance with the provision of service rules applicable to the respondent or as per the rules which will be prescribed, where such service rules do not exist. The committee can also recommend deduction of an appropriate sum from the salary of the respondent or ask respondent to pay the sum. In case the respondent fails to pay such sum, district officer may be asked to recover such sum as an arrear of land revenue.
(xii) In case the allegation against the respondent has not been proved then the Committee can write to the employer/district officer that no action needs to be taken in the matter.
(xiii) In case of malicious or false complaint then the Act provides for a penalty according to the Service Rules. However, this clause has a safeguard in the form of an enquiry prior to establishing the malicious intent. Also, mere inability to prove the case will not attract penalty under this provision.
(xiv) The Act has provisions for providing reliefs to the aggrieved woman in the interim period including leave and transfer during the pendency of the inquiry.
(xv) The Act prohibits disclosure of the identity and addresses of the aggrieved woman, respondent and witnesses. However, information regarding the justice secured to any victim of sexual harassment under this Act without disclosing the identity can be disseminated.
(xvi) The Act casts a responsibility on every employer to create an environment which is free from sexual harassment. Employers are required to organize workshops and awareness programmes at regular intervals for sensitizing the employees about the provision of this legislation and display notices regarding the constitution of Internal Committee, penal consequences of sexual harassment etc.
(xvii) An employer will be liable to a fine of Rs 50,000 in case of violation of his duties under the Act and in case of subsequent violations the amount of fine will be double together with penalty in the form of cancelation of his licence, withdrawal or non-withdrawal of the registration required for carrying out his activity.
(xviii) In case of domestic worker the procedure is different considering the nature of employment. A domestic worker can approach the LCC in case of any complaint. If the complainant wishes then conciliation may be carried out. However, in other cases if the complaint is proved prima facie then the LCC can forward the complaint to the police for registering the case and taking appropriate action under the relevant provision of IPC.
(xix) Regarding monitoring, the Act provides that the State Governments will monitor implementation and maintain data for all State Government establishments as well as private establishments in their territory. For establishments of the Central Government this duty is cast on the Government of India. All ICCs have to submit Annual reports to the employer who inturn will submit it to the district officer. All LCCs shall submit their annual report to the district officer. The district officers will submit the report annually to the State Governments.
(xx) The Central and State Governments are mandated to develop relevant IEC and training materials and organise awareness programmes to advance the understanding of the public on the provisions of this Bill.
(xxi) The Central Government will provide financial assistance to the States to meet the expenditure of fee and allowances payable to the members of the Local Complaints Committee. (PIB) Sexual Harassment prevention Bill passed
***
Sexual Harassment of Women at Workplace
(Prevention, Prohibition and Redressal) Bill, 2013 Sexual Harassment of Women
 |
| Courtesy Photo |
The salient features of the Act are as follows:
(i) It defines “sexual harassment at the workplace” in a comprehensive manner, in keeping with the definition laid down in the Vishaka judgment, and broadening it further to cover circumstances of implied or explicit promise or threat to a woman’s employment prospects or creation of hostile work environment or humiliating treatment, which can affect her health or safety.
(ii) The definition of “aggrieved woman”, who will get protection under the Act is extremely wide to cover all women, irrespective of her age or employment status, whether in the organised or unorganised sectors, public or private and covers clients, customers and domestic workers as well.
(iii) While the “workplace” in the Vishaka guidelines is confined to the traditional office set-up where there is a clear employer-employee relationship, the Act goes much further to include organisations, department, office, branch unit etc in the public and private sector, organized and unorganized, hospitals, nursing homes, educational institutions, sports institutes, stadiums, sports complex and any place visited by the employee during the course of employment including the transportation.
(iv) Definition of employee covers regular/temporary/ad hoc/daily wage employees, whether for remuneration or not and can also include volunteers. The definition of employer includes the head of the Government department/organisation/institution/office/branch/unit, the person responsible for management/supervisions/control of the workplace, the person discharging contractual obligations with respect to his/her employees and in relation to a domestic worker the person who benefits from that employment.
(v) The redressal mechanism provided in the Act is in the form of Internal Complaints Committee (ICC) and Local Complaints Committee (LCC). All workplaces employing 10 or more than 10 workers are mandated under the Act to constitute an ICC. The ICC will be a 4 member committee under the Chairpersonship of a senior woman employee and will include 2 members from amongst the employees preferably committed to the cause of women or has experience in social work/legal knowledge and includes a third party member (NGO etc) as well.
(vi) Complaints from workplaces employing less than 10 workers or when the complaint is against the employer will be looked into by the LCC. A District Officer notified under the Act will constitute the LCC at the district level. LCC will also look into complaints from domestic workers.
(vii) LCC will be a five member committee comprising of a chairperson to be nominated from amongst eminent women in the field of social work or committed to the cause of women, one member from amongst women working in block/taluka/tehsil/manicipality in the district, two members of whom at least one shall be a woman to be nominated from NGOs committed to the cause of women or a person familiar with the issues related to sexual harassment provided that at least one of the nominees should preferably have a background in law or legal knowledge. The concerned officer dealing with the social welfare or women and child development shall be an ex officio member.
(viii) A complaint of sexual harassment can be filed within a time limit of 3 months. This may be extended to another 3 months if the woman can prove that grave circumstances prevented her from doing the same.
(ix) The Act has a provision for conciliation. The ICC/LCC can take steps to settle the matter between the aggrieved woman and the respondent, however this option will be used only at the request of the woman. The Act also provides that monetary settlement shall not be made a basis of conciliation. Further, if any of the conditions of the settlement is not complied with by the respondent, the complainant can go back to the Committee who will proceed to make an inquiry.
(x) The Committee is required to complete the inquiry within a time period of 90 days. On completion of the inquiry, the report will be sent to the employer or the District Officer, as the case may be, they are mandated to take action on the report within 60 days.
(xi) In case the complaint has been found proved, then the Committee can recommend action in accordance with the provision of service rules applicable to the respondent or as per the rules which will be prescribed, where such service rules do not exist. The committee can also recommend deduction of an appropriate sum from the salary of the respondent or ask respondent to pay the sum. In case the respondent fails to pay such sum, district officer may be asked to recover such sum as an arrear of land revenue.
(xii) In case the allegation against the respondent has not been proved then the Committee can write to the employer/district officer that no action needs to be taken in the matter.
(xiii) In case of malicious or false complaint then the Act provides for a penalty according to the Service Rules. However, this clause has a safeguard in the form of an enquiry prior to establishing the malicious intent. Also, mere inability to prove the case will not attract penalty under this provision.
(xiv) The Act has provisions for providing reliefs to the aggrieved woman in the interim period including leave and transfer during the pendency of the inquiry.
(xv) The Act prohibits disclosure of the identity and addresses of the aggrieved woman, respondent and witnesses. However, information regarding the justice secured to any victim of sexual harassment under this Act without disclosing the identity can be disseminated.
(xvi) The Act casts a responsibility on every employer to create an environment which is free from sexual harassment. Employers are required to organize workshops and awareness programmes at regular intervals for sensitizing the employees about the provision of this legislation and display notices regarding the constitution of Internal Committee, penal consequences of sexual harassment etc.
(xvii) An employer will be liable to a fine of Rs 50,000 in case of violation of his duties under the Act and in case of subsequent violations the amount of fine will be double together with penalty in the form of cancelation of his licence, withdrawal or non-withdrawal of the registration required for carrying out his activity.
(xviii) In case of domestic worker the procedure is different considering the nature of employment. A domestic worker can approach the LCC in case of any complaint. If the complainant wishes then conciliation may be carried out. However, in other cases if the complaint is proved prima facie then the LCC can forward the complaint to the police for registering the case and taking appropriate action under the relevant provision of IPC.
(xix) Regarding monitoring, the Act provides that the State Governments will monitor implementation and maintain data for all State Government establishments as well as private establishments in their territory. For establishments of the Central Government this duty is cast on the Government of India. All ICCs have to submit Annual reports to the employer who inturn will submit it to the district officer. All LCCs shall submit their annual report to the district officer. The district officers will submit the report annually to the State Governments.
(xx) The Central and State Governments are mandated to develop relevant IEC and training materials and organise awareness programmes to advance the understanding of the public on the provisions of this Bill.
(xxi) The Central Government will provide financial assistance to the States to meet the expenditure of fee and allowances payable to the members of the Local Complaints Committee. (PIB) Sexual Harassment prevention Bill passed
***
Tuesday, February 26, 2013
Chairman's Enlisted Advisor
Inspires Army Junior ROTC Cadets
| By Army Sgt. 1st Class Tyrone C. Marshall Jr. American Forces Press Service ALEXANDRIA, Va., Feb. 22, 2013 - Marine Corps Sgt. Maj. Bryan B. Battaglia, senior enlisted advisor to the chairman of the Joint Chiefs of Staff, spent this morning talking to Junior ROTC cadets here.
"If you follow that as gospel, it tells me that you are living by standards and rules for yourself and have some goals or objectives for yourself," the sergeant major told the cadets. "And it also shows me teamwork." Using a PowerPoint presentation, Battaglia showed the cadets the U.S. military's oath of enlistment. "We, in the military, have oaths and creeds as well," he said. "This is our oath. We all take it. I took that oath 33 years ago." Battaglia noted that the cadet creed and the enlistment oath have common denominators. "We all live by an oath, by a creed, and things that guide us along the way," he said. "That's pretty amazing." All 2.3 million troops and their families live by the same oath, he added. "I hope that as you may have memorized it and know it by heart, it means more than just being able to say it by memory," Battaglia said. "There's a whole lot of substance in there, and it's really important for you to understand, as it is for us -- because what that means to us ... is that I'm willing to give my life for the protection of you. That's pretty serious, isn't it?" The sergeant major said when he reflects on what the oath of enlistment means, it's "a whole lot more than just a paragraph of words." "So I really hope that you can comprehend your creed ... as establishing a standard and value for you to get better and grow into being contributors," Battaglia said. "Whether it's just contributing to your neighborhood or the whole city, youth are the next leaders of our nation." No other job requires the oath service members take, the sergeant major said. "It's a serious profession that you join, and you're starting to [build] that footprint right now," he told the cadets. "I'm happy to see and hear that, because you are the future of our nation." Battaglia said he believes JROTC is a "great stepping stone" to continued success in life. "Regardless of whether the armed forces is your choice, you're going to have to survive in life," he said. "There are so many options and opportunities out there for you." The sergeant major said he has tried to follow two "golden" rules throughout his life: to do his job to the best of his ability, and to follow orders. "I found that those two golden rules allowed me to stay out of trouble ... and avoid temptation when that came about," he said. Following his remarks and a recital of the Junior ROTC Cadet Creed by one cadet, the group asked the sergeant major questions about his military career, including his 25 ribbons. Battaglia said seeking recognition and awards is not important, because they will come with hard work and commitment. "The thing that I probably learned [most] in the infantry is teamwork," he said. "You just can't do it alone -- there's no way. And that's not just fighting for your nation. That's doing anything. You just don't want to do it by yourself. It's all about teamwork." | ||
| Biographies: Marine Corps Sgt. Maj. Bryan B. BattagliaRelated Sites: Army Junior ROTC Cadet Creed |
Monday, February 25, 2013
Launch of Polar Satellite
Launch Vehicle PSLV-C 20 SARAL Mission
Launch of Polar Satellite Launch Vehicle PSLV-C 20 SARAL Mission, at Sriharikota in Andhra Pradesh on February 25, 2013. (PIB photo)25-February-2013
The PM at Hyderabad
Meeting the bomb blast victims at Yashoda Hospital
The Prime Minister, Dr. Manmohan Singh meets the bomb blast victims at Yashoda Hospital, in Hyderabad on February 24, 2013. The Chief Minister of Hyderabad, Shri Kiran Kumar Reddy and the Minister of State for Social Justice & Empowerment, Shri Porika Balram Naik are also seen. (PIB photo) 24-February-2013 The PM at Hyderabad
Sunday, February 24, 2013
8th National Stroke Conference at Ldh.
Sun, Feb 24, 2013 at 1:15 PM
Health Minister Pb MM Mittal will be the Chief Guest
Ludhiana, 25 Feb.2013:(Shalu Arora and Rector Kathuria): The department of Neurology at Christian Medical College, Ludhiana is organizing the 8th National Stroke Conference of Indian Stroke Association from March 1st to 3rd in Hotel Park Plaza. Dr Jeyaraj D Pandian the Organizing Secretary mentioned that about 250 delegates from all over India will be participating in the conference. He also added that 16 International and 25 National faculty will be delivering talks on various aspects of stroke in the conference. The honourable Health and Family Welfare Minister of Government of Punjab Shri Madan Mohan Mittal will be the Chief Guest during the Inauguration of the conference on March 1st at 5 pm. Dr Abraham G Thomas Director of CMC and the Patron of the conference lauded the efforts of the department of Neurology in bringing this conference to Ludhiana.
A special session on ABC of stroke is being planned on March 1st focusing on neurology trainees, physicians and general practitioners. Dr Yashpal Singh the joint Organising Secretary mentioned that the latest advances in stroke treatment like clot bursting therapy (thrombolysis) will be discussed in the meeting. Sessions on newer technologies and treatments will be the highlight of March 2nd program. On March 3rd there will be a symposium on research and ongoing clinical trials in the area of stroke. The approach to long term problems after a stroke will be dealt in the last session of the conference.
There will be two parallel programs during the conference. On March 1st there will be a three hours teaching course on “Stroke”in the CMC Hospital auditorium for the MBBS students, junior doctors and Nurses. On March 2nd and 3rd a National skills workshop is being arranged in CMC Hospital auditorium on Stroke rehabilitation. This is for students, physiotherapists, speech therapists and occupational therapists. This workshop is being organised by Dr SantoshMathangi, Associate Professor of Physical Medicine and Rehabilitation and College of Physiotherapy (Mr Dheeraj KV and Mrs Benjamin, Vice-Principals).
The registration for the conference is still open and the organising committee has subsidised the registration fee for Physicians and Indian Medical Association members. Ten credit hours will be available from the Punjab Medical Council. The details are available in the conference website: www.isacon2013.org
National Stroke Conference in Ludhiana
Health Minister Pb MM Mittal will be the Chief Guest
Ludhiana, 25 Feb.2013:(Shalu Arora and Rector Kathuria): The department of Neurology at Christian Medical College, Ludhiana is organizing the 8th National Stroke Conference of Indian Stroke Association from March 1st to 3rd in Hotel Park Plaza. Dr Jeyaraj D Pandian the Organizing Secretary mentioned that about 250 delegates from all over India will be participating in the conference. He also added that 16 International and 25 National faculty will be delivering talks on various aspects of stroke in the conference. The honourable Health and Family Welfare Minister of Government of Punjab Shri Madan Mohan Mittal will be the Chief Guest during the Inauguration of the conference on March 1st at 5 pm. Dr Abraham G Thomas Director of CMC and the Patron of the conference lauded the efforts of the department of Neurology in bringing this conference to Ludhiana.
A special session on ABC of stroke is being planned on March 1st focusing on neurology trainees, physicians and general practitioners. Dr Yashpal Singh the joint Organising Secretary mentioned that the latest advances in stroke treatment like clot bursting therapy (thrombolysis) will be discussed in the meeting. Sessions on newer technologies and treatments will be the highlight of March 2nd program. On March 3rd there will be a symposium on research and ongoing clinical trials in the area of stroke. The approach to long term problems after a stroke will be dealt in the last session of the conference.
There will be two parallel programs during the conference. On March 1st there will be a three hours teaching course on “Stroke”in the CMC Hospital auditorium for the MBBS students, junior doctors and Nurses. On March 2nd and 3rd a National skills workshop is being arranged in CMC Hospital auditorium on Stroke rehabilitation. This is for students, physiotherapists, speech therapists and occupational therapists. This workshop is being organised by Dr SantoshMathangi, Associate Professor of Physical Medicine and Rehabilitation and College of Physiotherapy (Mr Dheeraj KV and Mrs Benjamin, Vice-Principals).
The registration for the conference is still open and the organising committee has subsidised the registration fee for Physicians and Indian Medical Association members. Ten credit hours will be available from the Punjab Medical Council. The details are available in the conference website: www.isacon2013.org
National Stroke Conference in Ludhiana
Saturday, February 23, 2013
Afghanistan's Kunduz province
02/22/2013 08:00 AM CST Fri, Feb 22, 2013 at 7:45 PM
Precision Strike Kills Taliban IED Expert
From an International Security Assistance Force Joint Command News Release
KABUL, Afghanistan, Feb. 22, 2013 - A precision strike killed Zekaria, a Taliban improvised explosive device expert, in the Chahar Darah district of Afghanistan's Kunduz province yesterday, military officials reported.
The strike will significantly degrade the ability of insurgents to conduct attacks in the Charhar Darah district, International Security Assistance Force Joint Command officials said.
In other news, ISAF Joint Command officials confirmed today that Habib, a Taliban leader, was killed by a precision strike yesterday in Logar province's Charkh district. He obtained weapons for insurgents and helped to plan attacks against Afghan and coalition forces, officials said.
Precision Strike Kills Taliban IED Expert
From an International Security Assistance Force Joint Command News Release
KABUL, Afghanistan, Feb. 22, 2013 - A precision strike killed Zekaria, a Taliban improvised explosive device expert, in the Chahar Darah district of Afghanistan's Kunduz province yesterday, military officials reported.
The strike will significantly degrade the ability of insurgents to conduct attacks in the Charhar Darah district, International Security Assistance Force Joint Command officials said.
In other news, ISAF Joint Command officials confirmed today that Habib, a Taliban leader, was killed by a precision strike yesterday in Logar province's Charkh district. He obtained weapons for insurgents and helped to plan attacks against Afghan and coalition forces, officials said.
Related Sites: NATO International Security Assistance Force |
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