Extracts from
"Sexual
Harassment of Women at their Work Place
(Prevention) Bill, 2003"
"Notwithstanding anything contained in any other law for the time being in
force the onus of proving the innocence shall be on the accused and the victim
shall have the right to lead evidence in rebuttal."
"Notwithstanding anything contained in any other law for the time being in
force whoever sexually harasses a woman at work place shall be punished with
simple imprisonment for a term which may extend to five years or wit fine
which may extend to twenty thousand rupees or both."
"Sexual
Harassment" includes any avoidable sexual advances either verbal or
through gestures or through use of sexually suggestive or pornographic
material, and includes amongst others; whistling, sexually slanting and
obscene remarks or jokes; comments about physical appearance; demands for
sexual favours; threats, innuendoes; avoidable physical contacts, touching,
patting, pinching; physical assaults and molestation of and towards women
workers by their male colleagues, or any one who for the time being is in a
position to sexually harass the women."
""Woman"
means and includes a woman employed, whether directly or through any agency,
for wages or for similar other considerations in any establishment, house or
industry, or at construction site, or a self employed women, and also includes
a student in an educational or other institution of learning"
These are
some extracts from the Bill on Sexual Harassment of Women in workplaces. If
this becomes a law then HR managers of IT and BPO companies where there is a
significant number of women employees will have a tough time in maintaining a
harmonious working relationship. Some may even feel that an "All Male Office"
would be a safer place to work in.
I would like to
recall here an incident which came to my notice some time back.
In this case, a
woman employee who was unhappy that her junior had been selected ahead of her
for a US project challenged him in open office suggesting that he should
withdraw from the project and let her go. The person refused allegedly stating
to the effect that "..you are not good enough to work in projects here. How
will you be selected for the US project?". Stung by the remarks the lady
waited fro her time and more than a year later after she also had an
opportunity to go to USA and work, caused a false complaint to be made to the
Police while the boy was on a temporary visit here and caused him to be
arrested. The complaint was that the father of the lady had received an
obscene mail from the e-mail address of the woman employee but the mail was
sent by the boy from a cyber cafe in India hacking into her e-mail account.
The father of the girl who was working in a public sector ISP gave the
complaint and ensured that the boy was arrested and harassed. The case is
still going on for ever two years and it is evident now from the records
properly analyzed that the entire case was fabricated and false evidence had
been presented. Police were also negligent in the investigation and ultimately
the career of the person has been irrevocably been damaged.
Incidents such
as this would be common place once the new bill becomes a law. Are the
Companies alive to the operational problems arising out of this bill?
I invite
comments from others to debate the contents of the Bill which is likely to go
into the Parliament shortly. Additional information on the Bill is also
welcome
Naavi
June 27, 2005
(Comments
welcome)
Related
Articles:
Copy of the BILL
