Bill to create a safe working environment for women may be open to misuse
The Bill to create a safe working environment for women is a positive step, but may be open to misuse.
It is a landmark piece of legislation for millions of working women in India. But while the country's first bill to stop sexual harassment of women at work helps create a safe working environment for women, it also lays itself open to misuse and misinterpretation. Under the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Bill 2012 passed by Parliament in February, all employers have to set up a committee to investigate harassment complaints within 90 days. Employers who fail to comply will be fined Rs 50,000. The bill not only covers public and private companies but also temporary workers, agricultural labourers and domestic workers who are most vulnerable to sexual exploitation.
But implementing the bill may not be easy. "A bill like this is very important, but we need a mature approach towards sexual harassment. We have to be careful in how we define sexual harassment. It is misunderstood," says Kiran Mazumdar-Shaw, Chairman and Managing Director of biotechnology firm Biocon. "Today, if women are told that they are not performing, they confuse it with sexual harassment."
Morever, the definition of sexual harassment is open to interpretation. The bill says sexual harassment includes any physical, verbal or non-verbal conduct of a sexual nature, but is not limited to any conduct that creates a hostile work environment for women. Experts say it is often tough to pin down cases of sexual harassment. "It is a very grey debate, a lot of times it is unclear what comprises harassment," says Sairee Chahal, Co-founder of Fleximoms, a company promoting flexible work solutions for women. "Corporates have to increase sensitisation.
Most leadership teams don't have women, that has to change." The bill's redressal system also leaves women vulnerable to intimidation. It allows companies to transfer women or send them on leave with their consent during a sexual harassment investigation. It also makes it mandatory for them to provide documentary proof for sexual harassment charges and provides no scope for further inquiry after an internal committee has settled a matter.
Lawyers say proving sexual harassment is a big challenge. "Your male manager might just crack a joke which could offend you," says Pooja Chandra, a partner at PCA Law Firm. "The legislation addresses a comp-lex problem in a one-dimensional manner."
But implementing the bill may not be easy. "A bill like this is very important, but we need a mature approach towards sexual harassment. We have to be careful in how we define sexual harassment. It is misunderstood," says Kiran Mazumdar-Shaw, Chairman and Managing Director of biotechnology firm Biocon. "Today, if women are told that they are not performing, they confuse it with sexual harassment."
The Bill's redressal system leaves women vulnerable to intimidation
Most leadership teams don't have women, that has to change." The bill's redressal system also leaves women vulnerable to intimidation. It allows companies to transfer women or send them on leave with their consent during a sexual harassment investigation. It also makes it mandatory for them to provide documentary proof for sexual harassment charges and provides no scope for further inquiry after an internal committee has settled a matter.
Lawyers say proving sexual harassment is a big challenge. "Your male manager might just crack a joke which could offend you," says Pooja Chandra, a partner at PCA Law Firm. "The legislation addresses a comp-lex problem in a one-dimensional manner."
