The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Bill 2012, recently passed by the Lok Sabha, has an unlikely starting point — the brutal gang-rape of a brave Rajasthani woman. Her struggle to seek justice prompted the filing of a public interest litigation in the Supreme Court that resulted in a landmark 1997 judgment which, relying heavily on international conventions, laid down the so-called Vishaka guidelines — a framework for dealing with sexual harassment at the workplace. Although the guidelines were laid down as the law of the land, enforceable until a statute was enacted, they were not properly implemented in both the government and private sector spheres. It was thanks to a combination of writ petitions that sought full implementation, a drafting initiative by the National Commission for Women, and pressure from civil society that we are close to having a full-fledged law that attempts to strengthen the right of women to a secure and non-threatening environment at the workplace.
The legal framework of the Bill is erected on the mandatory constitution of Internal Complaints Committees in offices and the creation of Local Complaints Committees in every district, twin mechanisms for redressal of complaints. Its ambit is wide as it covers, in keeping with the Vishaka guidelines, the unorganised sector, which in relation to a workplace means any enterprise engaged in the production of goods or providing service of any kind including those that employ less than 10 workers. The definition of the sexual harassment is expansive as well, including sexually-coloured remarks and any non-verbal gesture of a sexual nature. Setting up Internal Complaints Committees, which must include one member from a NGO, in all offices and branches with more than 10 employees will take some doing. And it remains to be seen how these committees, which have been vested with the powers of a civil court, will function. The proposed law may have missed a trick in not being gender-neutral: Data from countries such as the United States reveal that more and more men are filing sexual harassment claims, often against their male superiors in the same organisation. The ambiguous status of large agricultural enterprises and the armed forces must also be ended so that women who work in these sectors are fully protected. Overall, however, the proposed law, which will make it possible to speed up disciplinary action against offenders, deserves to be warmly welcomed. It is a significant step towards promoting equality in employment, which will remain a chimera as long as there is sexual harassment at the workplace.
Keywords: The Hindu Editorial, sexual harassment at workplace, Vishaka guidelines, National Commission for Women
But what about the senior management officials who took advantage of their positions and harass the women. As in my company of about 3500 employees with around 800 female employee i do not see any complaints for the last two years. But this does not mean that no women is harassed. In the Bill the level of harassment is not mentioned and there is ambiguity.
sexual harassment of women is a serious threat. there is so much of
talent hidden because of this threat. many women don't come out of their
home or places because of this threat of being sexually harassed. its
the need of the hour to provide protection for women at workplace by the
legal framework. also the investigation for the complaint should be done
as soon as possible and the guilty should not be set free.
Finally one more good act with a lot of brouhaha. But as far as we don't
polish our moral skills that is only superficial. It is time to come out
of any dogma that show our two faced character again and again.
Let we try to govern our country by law rather then racism, nepotism and
gender-biasing.
Sexual harassment of women at workplace is a major reason why companies are finding it difficult to attract and retain female talent.It's a good move from government side to provide the legal framework to address this problem.now the organizations need to implement the law by forming internal complaint committees and provide a better working environment to women.
The enactment of law is only a single step forward in protecting the dignity of women at workplace. But the provision of inclusion of a member from NGO in the internal committee does not clarify if the NGO has been working for upliftment of women and also silent if the NGO member is male or female. The internal committee has been given the power of civil court but it should be mandatory for the committee to file a F.I.R. if the accused is found to be convicted. Provision should also be made to allow recording of the statement of victim only before female members of the committee. All forms of complaint should be registered and the investigation status should be monioted closely by a district level committee. The effort for protection of women should be comprihensive and not half hearted. And lastly, the accused should be considered as convicted and onus should be on the accused to prove them innocent.
It is very difficult to implement laws and the victims are not getting true justice and the crime persons are not correctly punished.
Finally something to cheer.
In India,It is true that accused can remain intact easily. The reasons
behind it is slacken defence system. Indian politics is somehow
responsible for criminal activities. To overcome these circumstances
Indian citizens ought be vivacious against crime.
Though the Bill for Harassment of Women at Work place is a noble idea to check the growing abysmal for their safety. The setting up of twin committee one within the organization and another at district level will raise the efficacy of law enforcement followed by an elaborative definition of sexual harassment but largely remains "Female Centric" opening the space for misuse. The grey areas are when women act as an abetter for sexual misconduct and later turns offensive to trap a guy with menial motives within an organisation remains a concern.
Our political classes, our police force, all our coridoors of power are full of men.
But 50% of our population are women. I think women need to give up hope that
the men will do anything to help them and instead organize themselves and fight
for their rights, for justice, and if necessary, go on strike. If our babus, our netas
and our policewallahs are unwilling to step in to prevent crime against women, let
them cook their own lunch and dinner, wash and iron their own uniforms etc.
It's time women started solidarizing with other women first. Female infanticide,
dowry and many other crimes against women could not happen if the other women
in the family put their foot down and said "This shall not happen"!
Apathy of police towards woman related cases specially domestic violence
and sexual harassment is well known. We can make thousand more laws but
it is the implementation and ENFORCEMENT part which matters most.
Stringent in implementation to the grass root level, should be sine quo
non of the laws; atleast with regard to sensitive matters like women
empowerment, prevention of sexual harassment etc.Else, a spate of
unsocial incidents will occur across the country. The intensity of these
laws' enactment should not be euphemistically ephemeral.
Male must have the quality of 'PERAANMAI' as defined by Thiruvalluvar.
Bharathi's lyric may be revised to 'Eliminate all the males if one female is abused'.
We have so many bills for women empowerment. But very few are enforced properly. Lets see how this bill going to be implemented.
It is very difficult for a wage worker to give complaint against her employer with a fear of losing her work.
our legal formalities are so slow that any criminal activity is judged after such a long time, its severity is lost. it must be instant and give a violent fear to criminal minds.
It is difficult to implement any law in India. Offenders go scott free most of the times. Look at the law prohibiting Dowry. Groom's people still demand and the bride's people still give it. Emotional raping is as bad as physical raping. I wonder why women in India put up with so much of injustice. In most of the cases. Girls' parents and the society shamelessly brain wash them. A woman should be able to work anywhere without fear of being abused, molested or raped. Men in India should be held responsible for keeping them safe.
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