Dirty talk with women could prove costly

Bill to curb workplace sexual abuse wants offenders fined

NEW DELHI: Men who subject women to lewd and obscene remarks could soon find themselves in serious trouble. The ministry of women and child development (WCD) is preparing the Protection of Women against Sexual Harassment at Workplace Bill designed to defend women against sexual abuse. The remit of the Bill covers offices, aircraft, restaurants, and homes, among other sites.

While the provision for penalty has been left open in the Bill, it is clear that the offender cannot be jailed. However, he will have to pay monetary compensation. “It is not possible to determine a fixed fine for the offenders,” a WCD official said.  “The compensation will be in keeping with the type of harassment and, in workplaces, the offender’s level in the hierarchy.” Employers or authorities can take further action by demoting the offender or by withdrawing his increments.

Undeterred by the flak it is facing for the Domestic Violence (DV) Act, the WCD has almost finalised the draft Bill and will send it to the law ministry for further action.  

The Bill is likely to be tabled in the monsoon session of parliament, but not without controversies. The Bill is facing severe criticism from men’s organisations which feel that the law, like the DV Act, may be misused by women to settle scores or to secure personal gains.

“After destroying the domestic harmony of people, the government is now planning to destroy the harmony at the workplace,” said Swarup Sarkar, the coordinator of Save Family Foundation (SFF), a men’s organisation.  “Like the DV Act and 498A, the dowry law, this law is also going to be heavily misused by women. For instance, an incompetent woman worker who is not promoted can use it as a tool against her boss.”

Sarkar said the Bill may also affect women’s chances of finding employment. “Men will think twice before recruiting women because of the fear of being framed,” he said. The SFF has argued in a representation to the WCD ministry that instead of a sexual harassment bill, the government should bring a cross-gender law to prevent any kind of harassment at workplaces. The men’s groups are also opposing the new Bill on the grounds that existing laws, such as those on rape and sexual assault, render any fresh legislation superfluous.

But government officials and women organisations reject that argument. “This law would work as a deterrent and encourage women to work without fear,” said Romi Sharma, spokeswoman for the National Commission for Women. “No law can be opposed fearing its misuse. The pitfalls in the law can only be found after it is implemented and changes can be made through amendments.”

According to the draft Bill, the workplace would include any place of employment – both organised and unorganised – and the woman employee need not be a permanent staff member. She may have been hired on an ad-hoc basis, as a trainee, or on contract.
Besides protecting women from sexual harassment from her colleagues and seniors, the Bill also calls for action against visitors, guests, and others, who engage in misconduct within the office premises. If found guilty, the visitor, termed as the “third party” in the Bill, will have to pay compensation for causing trauma to the woman.

“This provision will protect many women who work as receptionists, waitresses, airhostesses, beauticians, petrol pumps attendants, vendors, rag-pickers, labourers, or anyone else dealing with the public directly,” the official from WCD ministry said.

The employer cannot transfer a sexual harassment victim, or force her to go on leave, during the course of an inquiry into her complaint. If the woman proceeds on leave to escape embarrassment in office, the absence will be treated as special leave if she eventually wins the case.

In all cases, the aggrieved woman has to file her complaint in writing to a committee which may be headed by the district magistrate. At her request, the committee may, before initiating an inquiry under the Act, take steps to settle the matter between her and the respondent through conciliation.