Wednesday, October 01, 2008

'Sexual harassment bill must deal with false complaints ...

'Sexual harassment bill must deal with false complaints ...
Biased Harassment law made ready to destroy the Work Place harmony.
Nail down men who harass women in work places, but protect those who are victims of false complaints and wrong evidence.

The law ministry is of the view that the Women and Child Development (WCD) Ministry's draft Bill on Sexual Harassment in Work Place should have provisions to check false and malicious complaints.

The WCD ministry is planning to introduce the proposed law in the October-November session of Parliament. But a ministry official said on condition of anonymity, "There is a fear that the law may be misused to settle personal scores in offices. So, it should have stronger safeguards against misuse."

The draft, sent to the Law ministry for vetting, provides for action against lodging false complaints or recording wrong evidence according to individual organisations' service rules.

But the Law ministry said since taking action according to service rules is a long-drawn-out process, the law should provide for stringent punishment — even penal action — for false allegations.

Ashish Mukhi, president of the Delhi chapter of Save Indian Family, an NGO, said the provision protecting men's rights should be so strong that it acts as a real deterrent.

"We have seen in dowry-related cases, the deterrent has not helped because the accused can taken action against a false complaint only after the case is settled. And that takes years," he said.

But, Ranjana Kumari of another NGO, Women Power Connect, said a stronger provision protecting the men would "kill" the law. She said, "If such protection is provided to men, no woman will come forward to report sexual harassment."

Even though the WCD Ministry does not have well-collated data on sexual harassment reported from various government offices, Kiran Chadda, a joint secretary in the ministry, said, "We receive 15-20 complaints every month. But we forward the complaints to respective departments."

Since sexual harassment complaints sometimes make no headway due to non-cooperation from the accused, the Law ministry wants the law to clearly state that action be initiated against the accused if he refuses to cooperate with the inquiry committee.


Biased Harassment law made ready to destroy the Work Place harmony.

A proposed law to protect women from sexual harassment at the workplace may also punish women employees who are found by an office panel to have misused the legislation.

Though it is a welcome move to recognise the possibility of misuse the law and the effect of the same as first time in Indian history, but the Government failed to understand that the harassment at Work Place is not a Gender Specific issue. The way Women claim had been harassed in work place, men also get harassed or forced to work in adverse condition at least more than 10 times than a women employee.

The Work Place Harassment LAW should be gender Equal, if women do not harass the men, why they are so much afraid to accept the same?

Their approach and oppositation itself confirms beyond reasonable dought that women harass others more than the men and that is the specific reason they want a whole sale free license to abuse the men in the form of LAW and save guard their own wrong doing in work place.

Those so called women organizations are opposed this clause (Misuser will be punished) is clearly exposed that they want a LAW which can be misused easily and should be a easy tool to extort the money and promote the Legal Terrorism. They want whole sale free Licensee to Misuse the law and the misuser of the LAW should go Scot free, is not only unfortunate, but also established that their aim and objective is not to stop the harassment at Work Place, their aim to earn the money by making a law which can be sued as a whole sale free License to blackmail and extort the money.

Further the Law maker expert for making duplication of law and promote the misuse of the law , just for example, if you go through the Crime Bure report, it is the existing "Molestation" LAW have the maximum Convection , which is more than 50% compared than any other IPC Law exists. Means the allegation on that cases are maximum is found true and less misused the same law, as in the law itself is not biased or in assumption based.

More than that, it does not provide the whole sale free license to earn the money by making false and fabricated case. LAW should be to punish the criminals or if at all any fine to be inserted, the same should not go to the hand of the Complainant at any cost; it should go to the Government revenue only.

Like in case of Traffic Violation rule, the fine clause is there, but it is not that the Traffic Police will get the money in his/her favor. Just for a moment think if the law is like that , whenever any Traffic Police Fine some one, the same money should go to the Traffic Police, you can understand what will be the situation form your common sense itself.

Though "Save Family Foundation" already cautioned and proposed the Women and child Ministry earlier , to make the Work Place Harassment Law instead of gender Biased so called Women Sexual Harassment Law , which will only kill the Work Place harmony and More and more fight for earning the money by dishonest way , which in turn will reduce the Job opportunity of Women only in Long run and if at all any Law to be made first the same to be implemented in the Parliament first for 2 years , instead of directly making the Trail to the common citizen as in the Corporate world , we have already make the un-written rule more then 50% women employee, but Parliament failed to make it at least 33% of women MP/MLA.

STOP Women Sexual Harassment!!

Once again argue to LAW ministers and WCD Minister as well as to all well/honest Citizen of India to raise their Voice against such Biased LAW:

· Replace the so called Women sexual Harassment Bill to gender Natural Work Place Harassment Bill. (If we assume women do not harass the men and the LAW is full proof, why all women organizations are afraid to accept the same).

· No monetary compensations to the complainant directly from the accused; the Fine amount should go the Government Revenue only.

· No, duplication of LAW or Clause.

· LAW should be reviewed by the Retired Judges, instead of Practicing Lawyers.

Final LAW should be first implemented to Parliament and Ministry office for 2 Years as a satisfactory Trail, and then only it should be applied to common people.

Law Should be Crime based, not on the assumption based and the same to be used as to punish the Criminals, it should not be a Whole Sale Free License as Money earning tools for a Specific gender.

At the end let it be Domestic Violence or Work Place Harassment Law , our so called women organizations should understand the Pain of a Mother or Sisters is not less , when they loss their innocent son or brothers than when a father or Brother loss his innocent daughter or sisters.

"In short, the LAW needs to be replaced by some more benign, sensible, gender-neutral legislation that may ensure women their rightful, honorable place at home and abroad, at the same time not forgetting the rights of men."

For further reference Read: · STOP Women Sexual Harassment!!

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At 5:55 PM, Blogger shanti said...

At workplace we come accross so many women who cosy up to their bosses and get advantage over peers. Its a common phenomenon for employees to try to get into the good books of their managers. In this game women have additional tools which it is common to see them use. When these do not work out typically the woman feels wronged. Hence like any crime involving two parties, such as bribery, the conduct of both parties is equally liable to be conisdered while judging culpability; whereas the current laws are disproportionately biased in favour of women. The current laws relating to women's harrasment in India are being driven by some women with strong communication skills, backing and strong personal biases.


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