How Will the New Sexual Harassment Bill Impact Workplace Safety for Women?

Union Cabinet Clearance: Sexual Harassment at Workplaces Bill

The Cabinet has cleared the introduction of the much-awaited Bill in Parliament aimed at protecting women against sexual harassment at workplaces. The Bill seeks to ensure a safe environment for women at workplaces, both in public and private sectors, in organized as well as unorganized sectors. Employers who fail to comply with the provisions of the proposed Bill will be punishable with a fine which may extend to 50,000 rupees.

The Bill provides protection not only to women who are employed but also to any woman who enters the workplace as a client, customer, apprentice, daily wage worker, or in an ad-hoc capacity. Students, research scholars in colleges and universities, and patients in hospitals have also been covered. It also provides for an effective complaints and redressal mechanism. Under the proposed Bill, every employer is required to constitute an Internal Complaints Committee which will inquire into the complaints of sexual harassment. They will also recommend action to the employer or District Officer. The Complaint Committees will have to complete the inquiry within 90 days while 60 days will be given to the employer or District Officer for the implementation of the recommendations of the Committee. Since there is a possibility that during the pendency of the inquiry the woman may be subject to threats and aggression, the victim will be given the option to seek interim relief. The Bill provides safeguards in the case of false or malicious complaints of sexual harassment.

Thank you...

Appreciate the efforts of the government to stop this menace... BUT this law doesn't clearly mention how to address a situation where a female employee might claim "sexual harassment" while being a non-performer in her professional life, using the term and her gender for personal gains. Every time there is an increment, promotion, or performance evaluation, the term "sexual harassment" seems to be attached to it. Yes, it is agreed that normally it's women who are at the receiving end, but what happens to those males who sometimes find themselves in similar situations? It doesn't clarify how this law would be unbiased against gentlemen because unscrupulous individuals exist in both genders, irrespective of being male or female.

Regards

Dear Ravi Banaka, are you conducting workshops on 'Prevention of Sexual Harassment at the Workplace'? Thank you.

There are exceptions to every rule, and as you know, every rule can be manipulated by those who choose to do so. So let's not dwell on those rarities. I just wonder, when harassment is actually taking place, there are usually no witnesses. It's just the victim and the victimizer. How does one prove it? Usually, this occurs when the male (assuming this is the typical scenario of sexual harassment—male harasses, victim is a woman... kindly let's not make it a gender issue) is in a senior position, and the woman is junior.

So it's more like one employee's word against another. This is not a hypothetical question. It's a fact faced by quite a few women. All of them choose to keep quiet because of the power dynamics involved, lack of proper rules, lack of witnesses, lack of support, and jeering by colleagues.

Laws as Guidelines for Justice and Equality

I have observed closely such acts, christened as "Sexual Harassment," and concluded that most of the allegations made by affected parties are fake. No offense to anyone!

In one of such cases, a senior lady in the management alleged another senior member of harassment. After investigation, it was concluded that there was no harassment and the allegations were fake. The pretentious victim confessed the same and mentioned her personal grudge as a reason for the same.

All I want to highlight is that many employees might take unscrupulous advantage of this, and there have to be guidelines to tackle the same.

P.S. - Justice is not actually justice, but a compensation for the crime committed.

Regards,
Rahul Chhabra

Dear all, I am Dipil James, a B.B.A student, and I am new to citeHR. I just came across the discussion above and would like to comment. People alleging sexual harassment in an organization could have happened or could be a result of personal grudge. It's up to the investigators to decide that; let's not come to a conclusion as to how it happened. Let's be a little optimistic and appreciate the fact that the government is now taking these issues much more seriously and coming up with this bill.

Regards,
Dipil James
[Email Removed For Privacy Reasons]

Though the bill passed by the union cabinet will be of great help to everyone working in one kind of profession or another, there is a lacuna in this bill too. It doesn't take into consideration "Domestic Help" for the purpose of providing relief from the harassment done by their owners. They are considered severe victims of sexual harassment, so why are they ignored under this bill? Aren't they part of our society? This bill doesn't include every section of society.

Regards,
Swati

It's nice that the Sexual Harassment at Workplaces Bill has been passed by the cabinet, but it is inefficient of the cabinet to have taken so much time to pass it. I was one of the people who supported this bill through an NGO in 2003.

Any law made for protecting the interests of citizens should be accepted and modified if required, rather than finding faults. Even if it has given moral support to a single person, I think the purpose is served.

Regards

Can anyone clarify my doubt? If a male employee sexually harasses a female employee, is it possible to terminate him immediately? If it is possible, please send the letter format.

Regards,
Anupama

If any employee is proven guilty of sexual harassment at the workplace, the employee is certainly subject to termination.

Regards,
Rahul Chhabra