Govt proposes to introduce sexual harassment bill in Parliament

Discussion in 'Politics & Society' started by ajtr, Nov 4, 2010.

  1. ajtr

    ajtr Veteran Member Veteran Member

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    Govt proposes to introduce sexual harassment bill in Parliament


    Women can now look forward to a secure workplace with the government on Thursday proposing to bring in the long-pending sexual harassment bill under which an employer would be liable to pay a fine of Rs 50,000 on failing to comply with its provisions.
    A meeting of the Union Cabinet, chaired by Prime Minister Manmohan Singh, approved the introduction of the Protection of Women against Sexual Harassment at Workplace Bill, 2010, in the coming winter session of Parliament.

    The proposed bill, if enacted, will ensure that women are protected against sexual harassment at all work places be it public, private or unorganised and ensure a safe environment for women at workplaces.

    Domestic maids, however, will not be covered under the bill.(they are the most deserving candidate to be covered under this bill. otherwise this bill is discriminatory.)

    "This will contribute to realisation of their right to gender equality, life and liberty and equality in working conditions everywhere. The sense of security at the workplace will improve women's participation in work, resulting in their economic empowerment and inclusive growth," an official spokesperson said.

    The bill proposes a definition of sexual harassment, which is as laid down by the Supreme Court in Vishaka vs State of Rajasthan (1997).

    The definition includes any physical contact and advances or demand or request for sexual favour, sexually coloured remarks, showing pornography and any other unwelcome physical, verbal, non-verbal contact of sexual nature.

    Additionally it recognises the promise or threat to a woman's employment prospects or creation of hostile work environment as "sexual harassment" at workplace and expressly seeks to prohibit such acts.

    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, and daily wage worker or in ad-hoc capacity.

    Students, research scholars in colleges or university and patients in hospitals have also been covered.

    The bill provides for an effective complaints and redressal mechanism. Under the proposed bill, every employer is required to constitute an Internal Complaints Committee.

    Since a large number of the establishments (41.2 million out of 41.83 million) in the country have less than 10 workers for whom it may not be feasible to set up an Internal Complaints Committee, the bill provides for setting up of Local Complaints Committee to be constituted by the designated District Officer at the district or sub-district levels.

    This twin mechanism would ensure that women in anyworkplace, irrespective of its size or nature, have access to a redressal mechanism. The local Committees will enquire into the complaints of sexual harassment and recommend action to the employer or district officer.

    The quantum of punishment will be decided by the committees as per the service rules.

    Employers who fail to comply with the provisions of the proposed bill will be punishable with a fine which may extend to Rs 50,000.

    Since there is a possibility that during the pendency of the enquiry the woman may be subject to threat and aggression, she has been given the option to seek interim relief in the form of transfer either of her own or the respondent or seek leave from work.

    The Complaint Committees are required to complete the enquiry within 90 days and a period of 60 days has been given to the employer or District Officer for implementation of the

    recommendations of the Committee.

    The bill provides for safeguards in case of false or malicious complaint of sexual harassment. However, mere inability to substantiate the complaint or provide adequate proof would not make the complainant liable for punishment.

    Sources said that the a draft on the bill submitted by the National Commission for Women was also discussed while formulating the bill.

    The State and Central Governments will oversee implementation as the proposed bill casts a duty on the employers to include a report on the number of cases filed and disposed of in their Annual Report.

    Organisations, which do not prepare Annual Reports, would forward this information to the District Officer.

    Through this implementation mechanism, every employer has the primary duty to implement the provisions of law within his/her establishment while the State and Central Governments have been made responsible for overseeing and ensuring overall implementation of the law.

    The Governments will also be responsible for maintaining data on the implementation of the Law. In this manner, the proposed bill will create an elaborate system of reporting and checks and balances, which will result in effective implementation of the Law.
     
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  3. Agantrope

    Agantrope Senior Member Senior Member

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    Now all guys should be sensitive over all their body parts like hands, legs esp mouth and eyes :angry_10:
     
  4. ajtr

    ajtr Veteran Member Veteran Member

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    Bride burning deserves death penalty: SC


    Accusing the “sick” Indian society for deaths of young women at the hands of their husbands and in-laws in the name of dowry, the Supreme Court has held that bride burning belongs to the “rarest of rare” category and deserves the death penalty.
    Bride burning is a crime which deserves the death sentence because of the extreme depravity of mind involved in killing a young woman for the “lust of money”, a Bench of Justices Markandeya Katju and Gyan Sudha Misra said in their judgment.

    “The hallmark of a healthy society is the respect it shows to its women. Indian society has become a sick society,” the court observed, adding that the evidence of this fact lay in the large number of cases coming up in the Supreme Court (and also in almost all courts in the country) in which young women are being killed by their husbands or by their in-laws by pouring kerosene on them and setting them on fire or by hanging/strangulating them.Bride burning, the court said, is nothing short of murder. It explains that the term “rarest of rare” does not just mean that the act is uncommon, “it means that the act is brutal and barbaric”. “And bride killing is certainly barbaric,” Justice Katju said in its October 28 judgment.

    The court was hearing an appeal filed by Satya Narayan Tiwari, who with his mother, killed his wife of three years in 2000 because her father could not afford to gift him a Maruti car. Forensic report showed that she was hung to death and then her body was burnt in an effort to deceive the police that she had committed suicide in their house.

    The trial court acquitted the duo for lack of evidence, but the high court sentenced them to life under Section 304B (dowry death) of the IPC and six months under the Dowry Prohibition Act.

    The jail term was to run concurrently.

    But for the Supreme Court, the prosecution had not done enough by booking the mother-son duo for dowry death alone. Justice Katju said the state should have charged them with murder and fought for death penalty.

    “In fact, it was really a case under Section 302 (murder) IPC and death sentence should have been imposed in such a case, but since no charge under Section 302 IPC was levelled, we cannot do so,” he wrote.
     
  5. ajtr

    ajtr Veteran Member Veteran Member

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    you got to be sensitive towards women folk if not you will be made sensitive through the stick of law.:happy_2:
     

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