Studies
in India have found that 40-80% of women experience
sexual harassment by their male colleagues or superiors
at work. Sexual harassment was recognized by the Supreme
Court of India as a human rights violation in the
Vishakha judgment, 1997. The apex court issued guidelines
for resolution and prevention of sexual harassment
in the judgment. Advocates feel that there needs to
be a law on sexual harassment, including an expansion
of the limited coverage set forth in the Vishakha
judgment.
The Protection of Women Against Sexual Harassment
at the Workplace Bill is India’s first ever
attempt to institute laws against sexual harassment
in the workplace.WPC aims to get Sexual Harassment
Bill passed in the Parliament and the action-plan
involved two-step process; tracking the Bill
and its status in the Ministry of Women and Child
Development and sending letters to Members of Parliament
seeking their support in getting the Bill passed.
The Action plan also includes sensitizing the MPs
on the issue by providing them with sufficient material
on the bill and holding a regional/national level
consultation of stakeholders including the government
officials and representatives from different sectors.
A
Regional Workshop for Eastern States was organized
on this issue in Kolkata on 3-4 November 2006. There
were 75 participants and event also saw representation
of all sectors like trade unions, politicians, academicians,
private companies, PSUs and Civil Society Organizations.
WPC is a part of the Core Committee formed for making
suggestions in the draft sexual harassment Bill. In
March’07 WPC has again sent a set of recommendations
to the Concerned Ministry. They include:
• Expanding the applicability
and scope of coverage from a few illustrations to
a whole range of incidents of harassment. According
to WPC, the Bill in its current form does not clearly
state under what circumstances a woman can bring a
charge of harassment. It describes a number of scenarios
in which sexual harassment must not take place but
fails to mention several others.
• Clarify whether an establishment
that has violated a provision of this Bill can be
forced to pay monetary damages to the suing party.
• Assigning personal liability
to someone who victimizes a sexual harassment complainant
for having brought a complaint.
• Including in the Bill sex-based
discrimination so that it becomes gender-neutral.
Letters are sent to all the MPs, requesting them to
support as and when the Bill is tabled in Parliament.
With a view to educate them about the proposed Bill,
a brief note highlighting the salient feature of the
Bill are also enclosed with the letter. WPC has been
in constant touch with the Ministry of Women and Child
development and extensively lobbying to get the Bill
tabled in the monsoon session this year.