View Poll Results: Do believe Sexual Harassment Bill is not gender baised
Yes it is Gender biased (please make statements supporting your views) 6 85.71%
No it is not Gender Biased (please make statements supporting your views) 1 14.29%
Voters: 7. You may not vote on this poll

At a time when the Sexual Harassment Workplace Bill is in focus and is soon likely to be made into a law, I have a very important point to raise that deserves to be published and read by all readers. In its current format, the Bill is heavily skewed towards women's interests, completely disregarding the fact that even men are increasingly being subjected to sexual harassment at their workplace or are being wrongly accused of indulging in such an act out of sheer malice.

This write-up calls for Gender Neutral Laws in this case, to ensure that people with malicious intent do not misuse the laws in their current format to suit their ulterior motives.

In India, reams of newsprint have gone into championing the cause of women empowerment and demanding equal rights and opportunities for women, who have borne the brunt of male oppression for centuries. Stringent laws and punishments have been meted out to safeguard the interests and prevent harassment, abuse, and torture against oppressed women. But, these same laws can and have been misused by cunning, conniving women to serve their ulterior motives in their bid to climb up the corporate ladder.

Our laws completely disregard the fact that in urban areas, women today are on an equal footing with men in their professional lives. There are plenty of instances that go unreported, where educated and scheming working women misuse the loopholes in our laws, like the Sexual Harassment at Workplace Bill (SHWB), to get back at their male counterparts.

The provisions in this Bill must be made gender-neutral, and any fake accusations and allegations, once proved, must be dealt with severe punishment.

The Anti-Sexual Harassment Bill and The Supreme Court's Vishakha Guidelines on Sexual Harassment are irrelevant and not applicable to the times we are living in.

This bill and the guidelines were framed in the 90s. The times have changed significantly, especially for women in metros. Today, women are a very active part of the workforce in India's corporate world. And in most metropolitan cities in India, women are progressing in tandem with their male colleagues.

Given this situation, the fact that we continue to refer and abide by obsolete laws points to a serious deep crisis in workplace governance for leaders in any company within India. It has become difficult to combat manipulative women who use these outdated and prejudiced laws in our legal system to seek revenge and ruin the career of unsuspecting senior male executives who are threatened and forced to succumb to their demands.

The government has, for decades, ignored the good recommendations and proposals from the Supreme Court or the Law Commission owing to the pressure exerted on them by feminist groups and NGOs. Does the government even realize that the Sexual Harassment Workplace Bill (SHWB) can actually become like a fully-loaded revolver in the hands of any working woman who wants to settle scores because the law gives her the chance to hold a man to ransom by just a simple accusation of sexual harassment?

RTIs reveal that during the drafting of the Sexual Harassment at Workplace Bill, there were innumerable representations from the public seeking to make the bill gender-neutral. Our Constitution does not mention anywhere that special provisions for women will be achieved at the cost of deliberate discrimination against men on grounds of gender, which is the essence of the Main Article 15 of the Constitution. And yet, the SHWB precisely flouts this very essence.

Instead of appointing people who have demonstrated a track record of high integrity and sound judicial approach, the bill rather intends to appoint people who "shall be committed to the cause of women."

The use of the phrase "committed to the cause of women," in fact, finds mention in several places in the draft bill, and its connotation only suggests that this will lead to not only inherent bias and prejudice against men in general but will also result in frequently overlooking the merits of the case in order to provide some sort of reward to the woman.

In section 12(1), the Sexual Harassment at Workplace Bill states that if a complaint is found to be false, the committee "may recommend to the employer or the District Officer to take action against the woman or the person who has made the complaint." In other words, the punishment for making a false Sexual Harassment is not mandatory, but discretionary, and would depend on the recommendation of members of such an NGO whose sole selection to the committee was dependent on their level of being "committed to the cause of women."

This will lead to misusers walking scot-free in most cases, and if at all punishment is recommended, it will be nothing more than a rap on the wrist.

The Sexual Harassment at Workplace Bill in its present form demands that the Sexual Harassment at Workplace Bill must be amended so that it does not violate Article 15 of the Indian Constitution and wrongly interpret Article 15(3).

We demand that:

a) The Sexual Harassment at Workplace Bill must be reviewed and amended immediately to make it Gender Neutral.

b) Severe punishment must be given to those who are responsible for ignoring the overwhelming public response and openly discriminating against men and violating Article 15 of the Constitution of India, which prohibits discrimination against any citizen on the grounds of religion and sex, as well as wrongly interpreting Article 15(3) of the Constitution, by exempting women from punishment for sexual harassment.

c) The mandatory inclusion of the National Human Rights Commission (NHRC) as a watchdog group in every gender law-making committee so that men are not deliberately discriminated against, Article 15 of the Constitution is not violated again, Article 15(3) is not wrongly interpreted, and that the people's opinions are not brutally trampled upon.

d) The mandatory inclusion of corporate bodies like FICCI, CII, ASSOCHAM, and a corporate committee comprising an equal number of male and female members from the industry so that the interests of both genders are kept in mind while drafting laws to truly achieve an equal opportunity workplace.

e) Involving external NGOs based on legal knowledge and their background of delivering justice on merits and not merely being women's rights champions.

f) Allowing the reporting of all cases, true or false accusations, in the media so that the magnitude of use or misuse can be measured.

g) Any fake accusations and allegations, once proved, must be dealt with severe punishment as the amount of disrespect and defamation it would have by then caused to the working man is immeasurable.

h) Provision of any sort of settlement must be removed.

From India, Mumbai
Acknowledge(3)
GA
Amend(0)

The fact is that normally women are being sexually harassed by men and not men by women. Article 15 is not to be involved here as this law is regarding the security of women from men. Hence, there is no gender discrimination.

Interpretation of "May" in Section 12

Talking about "may" in Section 12, the Interpretation of Statutes states that although "may" is an enabling word, it sometimes conveys an imperative sense. The word "may" is held imperative as it imposes a duty. Thus, the phrase "court may pass a decree" means that the court has no option but to pass a decree.

Regards,
Mr. Apurva Singh

From India, Mumbai
Acknowledge(0)
Amend(0)

I appreciate your views on the topic raised above, but your take on the law is not correct. As far as sexual harassment is concerned, yes, there are women in the corporate world where people have used false sexual harassment charges to settle scores and get even.

With changing times, society has evolved, but the law has seldom evolved. If people with backdated views and philosophies see the current world, then it's a matter of time before any female could charge a false sexual harassment case against any male, just for revenge.

History is full of evidence where people, societies, and civilizations have perished because they didn't evolve with changing times.

Regards,
Octavious

From India, Mumbai
Acknowledge(1)
Amend(0)

I respect your views too, and I am not denying the false allegations by women against men, but there are things to be proved; it's not just that easy. You cannot deny the fact that women are sexually exploited by men in organizations. Statistics show that there are negligent men who are falsely accused compared to women. This is an attempt to provide security to women. I am also in favor that if a woman's complaint is found to be false, she should be punished. However, this bill is not discrimination.

Addressing Broader Issues of Discrimination

What have we done to stop discrimination between a Brahmin and Shudra, a white and a black, a rich and a poor? These are greater issues than the above. No one has raised points to stop these discriminations. I think it will not be a good sign to oppose this bill, which is almost negligible in terms of discrimination. If somebody is eager to oppose discrimination in society, there are some major issues to be solved first.

Regards,
Mr. Apurva Singh

From India, Mumbai
Acknowledge(0)
Amend(0)

I am not aware if you have gone through the bill. Why don't you go through the same? There is no protection for men who are falsely accused under false sexual harassment cases by vindictive women. Also, why don't we invite more members to debate the topic, because more people will give more views.

I am not against the bill or with the bill, but I am very much in support of the concern raised by genromito. About other discrimination, it's a different game and discussion altogether; let's not mix two different issues and get confused. Comparing various other issues with the one that is raised is a pure mistake.

Society is full of imperfections; just because we can't change all imperfections doesn't mean we should not try and change what we can.

Regards,
Octavious

From India, Mumbai
Acknowledge(0)
Amend(0)

I am no expert in either law or HR. My sister-in-law has labeled me as "Google Nash" because I am good at searching the web, keep learning and updating myself, and helping others. So, I am sharing my views at the invitation of a member.

Discrimination in Society

Discrimination based on age, color, caste, sub-caste, region, language, looks, etc., is age-old. If we are aware of our own prejudices, then hopefully, we will try to avoid discriminating. Taking Apurva's point, it's Brahmins and the so-called upper class that are being discriminated against in the present age, by law.

Sexual Discrimination and Harassment

Regarding the issue of Sexual Discrimination and Harassment, I quite agree that women are harassed more and discriminated against than men. However, men also face both discrimination and harassment. For example, according to a recent study in Cyprus by Stefanos Evripidou at One in eight complains of sexual harassment in the workplace - Cyprus Mail, one man for every three women complained of Sexual Harassment. In India, where males are supposed to be stronger than women, many men may not come forward to complain about the harassment they face.

The Need for Sex-Neutral Laws

I wonder why the act should not be "Sex Neutral" like the one at equalityhumanrights.com. Such an act would cover all categories: male, female, and neutral gender. An extract from this site is given as an example: "Women working in male-dominated environments, women with disabilities, lesbians, and women from racial minorities are also more vulnerable, as are gay men and young men." (p.6).

Regards

From United Kingdom
Acknowledge(1)
Amend(0)

I have gone through the post by Genromito. Thanks for highlighting the issue. The trouble with the post is that it is too verbose. The wordiness has killed the gist of the post. The most important paragraph in the entire write-up is:

In section 12(1), the Sexual Harassment at Workplace Bill states that if a complaint is found to be false, the committee “may recommend to the employer or the District Officer to take action against the woman or the person who has made the complaint”. In other words, the punishment for making a false Sexual Harassment claim is not mandatory, but discretionary, and would depend on the recommendation of members of such an NGO whose sole selection to the committee was dependent on their level of being “committed to the cause of women”.

Yes, I too have an objection with the phrase "may recommend" lest it may become a powerful tool to settle scores. The correct wording should have been "if the allegations are proved false then strict action should be taken and punishment awarded should be at par with the sexual harassment by the male member".

Let me cite you one example. A couple of years ago, one story was making rounds at Yahoo groups. The incident happened in IT companies. Now in the IT companies, the culture is a little open. At that time, the famous Hindi film "3 Idiots" was making big waves. In the main song of this film, it is shown that these three idiots were slapping posteriors. Now one of the IT professionals had made a similar gesture towards one of the female colleagues. Both were not on good terms. The female employee immediately took objection to this gesture and raised a complaint of sexual harassment. The gesture could have been ignored otherwise but not this time. The matter came up in front of the sexual harassment committee. This committee censured the senior IT professional. However, the cost to the company was too high as this senior IT professional was quite demotivated and he put in his papers.

Persons go to any length to settle personal scores. A classic case is of Anuradha Gupta. She is an officer in the Foreign Office. Frustrated because of the denial of promotion, it is alleged that she passed on sensitive information while she was posted at the High Commission of India, Islamabad. Now the case is in progress and she is cooling her heels at Tihar Jail as an undertrial.

What does our jurisprudence say? It says that a hundred guilty may go scot-free but no innocent should be punished. Given the wording of the clause that Genromito has mentioned, there is a scope for the wrong utilization of this clause by unscrupulous elements.

By the way, Genromito, you are from Namibia. From where did you get all this information?

Thanks,

Dinesh V Divekar

From India, Bangalore
Acknowledge(1)
Amend(0)

I am accepting the views of Mr. OCTAVIOUS and Mr. SIMHAN. In practice, the enforcement of law is a very sensitive issue. One practical incident took place at an edible oil packing unit where 100 women workers are employed in two shifts: A (6:00 am-2:00 pm) and General (9:00 am-5:00 pm). In one batch, some products were wrongly packed and dispatched to the parties. Upon opening the packs, it was found that other articles were inside the package, leading the party to reject the entire material. After investigation and inquiry, two women were found culpable and were suspended from service. Following further inquiry, they were removed from service. Immediately the next day, the women reported against the HR Manager to their local leaders, claiming "the HR Manager misbehaved against me and also removed me." This led to a significant issue, and eventually, the HR Manager apologized and lost his job.

In this context, no one listened to what actually happened, but if a woman provides any (false) information, it is often considered by society. Think twice before enforcement. The punishment should be equal on all ends.

Regards,
PBS KUMAR

From India, Kakinada
Acknowledge(2)
SV
Amend(0)

Reflections on Sexual Harassment and Workplace Dynamics

While I have been asked to comment here, I would preface my remarks by saying that I do not have any experience in this matter. However, in nearly 50 years of working life, I have seen and heard a lot of things that disturb me. Sexual harassment is probably one of the worst things and should never be tolerated nor condoned by anyone under any circumstances.

Firstly, let me say that I agree with the OP; any legislation should be gender-free. Women can, and do, harass men just as men harass women. But it does not stop there; gay people also suffer considerable harassment in the workplace. Many years ago, a friend of mine (straight) was threatened with being fired from his job if he did not submit to his manager's advances. I am sure that lesbian females also suffer the same fate—from both predatory male and female managers.

For the most part, I feel that a lot of this behavior is based on power. Managers have power over staff, and they can exercise this power in many ways, not all of them good. Sadly, I don't think we can ever stop this completely. However, as more people become educated, aware, and empowered, we can start to make progress.

Governments can pass all the laws in the world, but the real problem is getting people to complain, getting it to court, and then getting a conviction to stick. I don't know about India, but it seems to me the success rate of convictions is not high. People are too scared to complain—they can lose a job that they cannot afford to lose, they are threatened if they make a complaint, etc.

To make any real progress here, we have got to convict the wrongdoers and be seen as clamping down hard on this sort of thing. Only then will people feel empowered to speak up without fear that the crimes will go unpunished.

The Role of Companies in Addressing Harassment

It starts at the company level. Companies must have a very clear and unambiguous sexual harassment policy in place and police it rigorously. Adherence to that policy must start at the very top with clear direction from the head of the company and the board as appropriate. Too often, companies turn a blind eye, especially if the perpetrator is a "star" performer that the company could ill afford to lose. No staff member should ever feel that they could not get justice in a legitimate case of harassment.

Addressing False Accusations

Finally, on the question of false accusations that have been mentioned, again, I agree that anyone falsely accusing another (of either gender) of sexual harassment as payback for something is abhorrent and should be dealt with under the full force of the law. Actions like that should never ever be tolerated. Too many good people have had their lives and careers ruined because of this.

Preventive Measures and Personal Responsibility

In closing, a few other pointers. No one should ever put themselves in a position where sexual harassment could occur. Now, I know that is not easy, and serial predators are very devious. However, one should take obvious precautions, particularly if you know a person could be out to make trouble. This can include things like never being alone with that person, being very careful at out-of-office functions, particularly where alcohol is involved, or in work travel situations, etc. While I am loath to say it, it can also mean females dressing appropriately for the office and not inviting undue attention. I realize that can be construed as a sexist remark, but I have seen it happen time and time again. However, I will mitigate that by saying that I have also seen males dressing provocatively, so it works both ways.

I have probably not covered everything here, and I am sure my post will generate discussion!

Regards,

From Australia, Melbourne
Acknowledge(1)
Amend(0)

I do agree that there may arise false complaints by women in light of a policy against sexual harassment. However, the issue persists that despite significant empowerment initiatives, women in rural areas continue to face challenges in various aspects. While women in metropolitan areas, developed cities, or those involved in specialized sectors such as IT or hospitality may experience different circumstances, women in traditional industries often encounter prevalent harassment.

The law cannot selectively apply solely to women in rural areas or those with limited education.

Regards,
Madhu.T.K

From India, Kannur
Acknowledge(1)
Amend(0)

Hi, Thanks a ton!! Genmerito and Octavious, I agree with your views, Bill needs to be reviewed and amended and make it gender neutrual.. Rgds, Vijay Patil
From India
Acknowledge(0)
Amend(0)

CiteHR is an AI-augmented HR knowledge and collaboration platform, enabling HR professionals to solve real-world challenges, validate decisions, and stay ahead through collective intelligence and machine-enhanced guidance. Join Our Platform.







Contact Us Privacy Policy Disclaimer Terms Of Service

All rights reserved @ 2025 CiteHR ®

All Copyright And Trademarks in Posts Held By Respective Owners.