Protection Of Women Against Sexual Harassment At Work Place Bill 2010

This bill was introduced in the Lok Sabha amidst hue and cry over the 2G spectrum scam. In between all this chaos, the minister for state for WCD, Krishna Tirath stated “With more and more women joining the workforce, both in organised and unorganised sectors, ensuring an enabling working environment for women through legislation is felt imperative by the government”. I wonder who heard that!!

This legislation, when enacted,  guards women from any moves, gestures and words by men at their workplace and would ensure that no acts of men are loaded with sexual connotations that can put their women colleagues to discomfort. It not only protects women from their own male colleagues but also from persons coming into contact with them at their workplace. The draft Bill, which has come from the Law Ministry after being vetted by experts, also includes a new clause, 2 (a), which defines aggrieved women, thereby bringing students, research scholars, patients and women in the “unorganised sector” within the ambit of the proposed law.

In case of organised sector there will have to be “internal complaint committees”, absence of which will invite a penalty provision, including deregistration of the institutions or a fine of Rs 50,000 for the first-time offence, says the draft Bill. “The District Officer will be made liable to see that all organised sector have such committees. For the second offence, the employer will be liable to twice the punishment imposed earlier. The penalty includes withdrawal of license or deregistration,”

However, in the case of false or malicious complaint, the bill provides for action against the complainant in accordance with service rules and in any other manner in case no service rules exist. The “malicious intent or falsehood” on part of the complainant shall be established after an inquiry in accordance with the procedure prescribed before any action is recommended, says the bill. But mere inability to substantiate a complaint or provide adequate proof need not attract action against the complainant, it says.

The true form of the bill will come to light on its enactment. Comments reserved for then!!