SEXUAL HARASSMENT OF WOMEN AT WORKPLACE (PREVENTION, PROHIBITION AND REDRESSAL) ACT, 2013 Says- defend ladies from sexual harassment at their place of work. Approved - the bill got the assent of the president on 23 April 2013. Enforce –on 9 December 2013, the bill was printed within the gazette of India as act no. 14 of 2013. PASSED – In 2010, the bill was introduced within the Lok Sabha. September 03, 2012 bill was amended and re-introduced in the Lok Sabha & Rajya Sabha on 26 February 2013. Workplace includes :-- place visited by the workers arising out of or throughout the course of employment,- transportation provided by the leaders for the aim of travelling,- the place of employment. LEGISLATURE DRAFT PROTECTION OF LADIES AGAINST HARASSMENT AT WORK BILL, 2007 approved by the union cupboard. How introduced- S.C. Of India Introduced This Statute Supervene Upon The Vishaka Guidelines For Prevention Of Sexual Harassment- In 1992, a woman employed with the agricultural development programme of the govt. Of Rajasthan named Bhanwari Devi was viciously gang raped because she make efforts to stop practice of child marriage. This incident produce an obligation on legislation that there ought to safeguard the hazards that working women were exposed on every day. After such incident, women’s rights activists and lawyers filed P.I.L. In the supreme court of India. The S.C. Acknowledges the obtrusive legislative inadequacy and acknowledged work harassment as a human rights violation. While framing the rules, the S.C. Focus on the convention on elimination of all kinds of discrimination against women, adopted by the general assembly of the global organization, in 1979, that India has both signed and sanctioned. As per the Vishaka judgment, the guidelines, till such time a legislative frame work on the topic has been drawn-up and enacted, would have the impact of law, obligatory to be followed by organizations, both in the non-public and government sector. As per, FICCI-EY November 2015 report- 36% of Indian corporation and 25% among MNCs don’t seem to be compliant with the harassment act, 2013. The government has vulnerable to require action against employers who fail to suit this law. It was reported by the international labour organization that only few Indian employers were compliant to the current statute. Most Indian employers haven’t the law despite the legal demand that any workplace with more than 10 employees need to implement it. Recent news- Ahmadabad, Khokhra (Santdev tenement) Sunday morning a 21yr of young woman worker of a courier company committed suicide by hanging herself at her residence REASON- company manager, Divakar Mishra., A married man, demanded sexual favors from the girl. The girl protested against Mishra's advances. The defendent allegedly became aggressive and gave the girl an ultimatum - either comply with his proposal or quit the job- aforesaid by police WORK- she worked in the courier company since two years and was perpetually harassed. POLICE STATEMENT- when Mishra learnt about the suicide he hurried right down to the girl’s house along with his wife and son. Mishra threatened to self-immolate when setting his family members ablaze if we believe that the girl had committed suicide attributable to his harassment. Mishra was later detained and brought to Khokhra station for questioning. Police sources aforesaid they’re searching allegations of harassment against Mishra. The victim's body has been sent for post mortem to the civil hospital. SURVEY- By Chennai, Indian National Bar Association (INBA), an association of lawyers 69% victims of harassment workplace don’t file complaints On 4th Jan 2017, in Chennai, Indian national bar association (INBA), an association of lawyers. Advocate Sudha Ramalingam conducted a survey which says- most harassment cases occur at workplaces and 68.9% of the victims don’t lodge a grievance as a result of the concern paying back, repercussions and sympathy with the offender. He further says harassment victims typically failed to like a grievance because the stability of their job is vulnerable. Because of the social stigma, the victims are unable to seek out jobs at different places. “No one has the right to treat you inferior without your own consent” Women are not only fighting for any one aspect likes equality or gender disparities etc. But in every aspect of equality such as equal wage, equal opportunities, gender disparity, ending violence etc. Till now women’s are making efforts to remove such disparities but the reality is now also approx. 11,332 per yr. women& girls become prey of trafficking, dowry, rape, sexual harassment, etc. One side women are climbing the ladder of success while on the other she is suffering the violence or harassment by the society. The only way to save from all this is Indian women has to make her own way by ignoring the societal prejudices against her & it is also the responsibility of the men to treat women with proper care and also accept her to be equal participants in coming days. Under constitution of India, every individual have certain right & sexual harassment results in violation of the fundamental rights of a woman . Right to equality u/a 14 and 15 of the constitution of India, Right to life and to live with dignity u/a 21 of the constitution, Right to practice any profession or to carry on any occupation, trade or business this includes a right to a safe environment free from sexual harassment.On 25th June, 1993, convention on the elimination of all forms of discrimination against women, are universally recognized human rights which approved the protection against sexual harassment and the right to work with dignity. Some of the rights women must know Gender equality includes protection from molestation and also the right to work with dignity. Extra hazard for a working woman compared her male colleague is evident violation of the elemental rights of gender equality& right to life and liberty. Safe working atmosphere is fundamental right of a working woman. Regarding job opportunities, women never be discriminated by men's and this happen than that must be mention in companies policy with reason. For example- limitation of girls in police and military. Working with full dignity is the fundamental right of working women. The right to work as an inalienable right of all working women. The women are having very good decision making power but women due to various societal prejudices can’t express her. She can easily control the people & make various good decision, those women should come out to figure for the advantage to the country. “JUST GO ON WITHOUT CONSIDERING ABOUT THE WORLD AND NEVER STOP, SHIT THAT BURDEN WHICH STOPS YOU” Punishment under the act imposed by an employer on an employee for indulging in an act of sexual harassment: 1. Punishment is given under the service rules of the organization, if the organization does not have service rules, then disciplinary action will be taken- Written confession, alert, Reproval, Criticism, Withholding of promotion, Withholding of pay rise or increments, Terminating the respondent from service, Undergoing a counseling session, Concluding community service. 2. The employer has to form internal complaints committee / local complaints committee report of inquiry appeal to court / tribunal So deal with such matters in the organization. If no action is taken by the employer, action for misconduct conciliation punishment for malicious or false complaint/evidence timelines. Written complaint can be lodged, for that 6 copies along with supporting documents, names, addresses of witnesses have to be filed within 3 months of the date of the incident. After successfully filing the complaint they got receipt of the complaint, within 7days one copy of the complaint is sent to the respondent, then respondent is required to do reply of complaint along with a list of supporting documents, name, and addresses of witnesses within 10 working days. The inquiry needs to be completed inside a complete of 90days from the receipt of the grievance and report needs to be issued inside 10 days from the date of completion of inquiry. Inside 60days of receipt of the inquiry report the leader is needed to act on the recommendations of the ICC/LCC. Appeal against the choice of the committee is allowed inside 90days from the date of recommendations. 3. Deduction of compensation payable to the victim from the amount given to the respondent. The compensation based on: Mental trauma, pain, suffering and emotional distress caused to the victim; Loss in career opportunity due to the incident of harassment; Medical expenses incurred by the victim for physical/ psychiatric treatment; Income and status of the alleged perpetrator; and Feasibility of such payment in lump sum or in installments. If the respondent fails to pay compensated sum, ICC might forward the order for recovery of the total as an arrear of land revenue to the concerned district officer. Awareness program - Various rural side women’s don’t have knowledge about their right when she is going for work. So there are various campaign and awareness program which govt. And various committees made in order to create more and more awareness for women’s so that no one harass them. Workshop for maids on sexual harassment at workplace, 5 APR 2016 GURGAON: Over 100 women employees from DLF phase I participated in workshop on sexual harassment for working women. Venue - DLF phase I police station Organized by- local complaints committee (LCC) and Nari Shakti Manch. Program focuses on- Poor working women such as domestic maids and factory labour. TAUGHT- How women should raise voice against discrimination at workplace ? LCC officer Purnima shared that passing comments, molestation and harassing a woman at workplace can be reported to company's internal complaints committee or directly to LCC. The police also informed the women that how they can report the cases of sexual harassment with police. The laws have been amended and there is a provision for a harsher punishments and more fine for crime against women. “There has been a rise in variety of cases filed by working women but still plenty a lot of awareness is required because masses such as working women are from poor background aren’t aware that they have rights too,” statement given by Kailash Kumari, SHO at women police station. "UNTILL! I BUILD MY MIND AS NOT TREATED TO BE INFERIOR NO BODY CAN MAKE ME INFERIOR, AND THEN ONLY THERE WILL BE CHANGE IN SOCIETY”.
Share:
Share on
×