View Poll Results: Do believe Sexual Harassment Bill is not gender baised
Yes it is Gender biased (please make statements supporting your views) 6 85.71%
No it is not Gender Biased (please make statements supporting your views) 1 14.29%
Voters: 7. You may not vote on this poll

At a time when the Sexual Harassment Workplace Bill is in focus and is soon likely to be made into a law, I have a very important point to raise, that deserves to be published and read by all readers. In its current format, the Bill is heavily skewed towards women’s interests, completely disregarding the fact that even men are increasingly being subjected to sexual harassment at their work place or are being wrongly accused of indulging in such an act out of sheer malice.

This write-up calls for Gender Neutral Laws in this case, to ensure that people with malicious intent do not misuse the laws in their current format to suit their ulterior motives.

In India, reams of newsprint have gone into championing the cause of women empowerment and demanding equal rights and opportunities for women, who have borne the brunt of male oppression for centuries. Stringent laws and punishments have been meted out to safeguard the interests and prevent harassment, abuse and torture against oppressed women. But, these same laws can and have been misused by cunning, conniving women to serve their ulterior motives in their bid to climb up the corporate ladder.

Our laws completely disregard the fact that in the urban areas, women today, are on an equal footing with women in their professional lives. There are plenty of instances that go unreported, where educated and scheming working women misuse the loopholes in our laws, like the Sexual Harassment at Workplace Bill (SHWB) to get back at their male counterparts.

The provisions in this Bill must be made gender neutral and any fake accusations and allegations, once proved, must be dealt with severe punishment.

The Anti-Sexual Harassment Bill and The Supreme Court’s Vishakha Guidelines on Sexual Harassment are irrelevant and not applicable to the times we are living in.

This bill and the guidelines were framed in the 90’s. The times have changed significantly, especially for women in metros. Today, women are a very active part of the workforce in India’s corporate world. And in most metropolitan cities in India, women are progressing in tandem with their male colleagues.

Given this situation, the fact that we continue to refer and abide by obsolete laws points to a serious deep crisis in the work place governance for leaders in any company within India. It has become difficult to combat manipulative women who use these outdated and prejudiced laws in our legal system to seek revenge and ruin the career of unsuspecting senior male executives who are threatened and forced to succumb to their demands.

The government has, for decades, ignored the good recommendations and proposals from the Supreme Court or the Law Commission owing to the pressure exerted on them by feminist groups and NGOs. Does the government even realize that the Sexual Harassment Workplace Bill (SHWB) can actually become like a fully-loaded revolver in the hands of any working woman who wants to settle scores because the law gives her the chance to hold a man to ransom by just a simple accusation of sexual harassment.

RTIs reveal that during the drafting of the Sexual Harassment at Workplace Bill, there were innumerable representations from the public seeking to make the bill gender neutral. Our Constitution does not mention anywhere that special provisions for women will be achieved at the cost of deliberate discrimination against men on grounds of gender, which is the essence of the Main Article 15 of the Constitution. And yet, the SHWB precisely flouts this very essence.

Instead of appointing people who have demonstrated a track record of high integrity and sound judicial approach, the bill rather intends to appoint people who “shall be committed to the cause of women”.

The use of the phrase ‘committed to the cause of women, in fact, finds mention in several places in the draft bill and its connotation only suggests that this will lead to not only inherent bias and prejudice against men in general, but will also result in frequently overlooking the merits of the case in order to provide some sort of reward to the woman.

In section 12(1), the Sexual Harassment at Workplace Bill states that if a complaint is found to be false, the committee “may recommend to the employer or the District Officer to take action against the woman or the person who has made the complaint”. In other words, the punishment for making a false Sexual Harassment in not mandatory, but discretionary, and would depend on the recommendation of members of such an NGO whose sole selection to the committee was dependent on their level of being “committed to the cause of women”.

This will lead to misusers walking scot-free in most cases and if at all, punishment is recommended, it will be nothing more than a rap on the wrist.

The Sexual Harassment at Workplace Bill in its present form and demand that the Sexual Harassment at Workplace Bill must be amended so that it does not violate Article 15 of the Indian Constitution and wrongly interpret Article 15(3).

We demand that:

a) The Sexual Harassment at Workplace Bill must be reviewed and amended immediately to make it Gender Neutral.

b) Severe punishment must be given to those who are responsible for ignoring the overwhelming public response and openly discriminating men and violating Article 15 of the Constitution of India, which prohibits discrimination against any citizen on the grounds of religion and sex as well as wrongly interpreting Article 15(3) of the Constitution, by exempting women from punishment for sexual harassment.

c) The mandatory inclusion of National Human Rights Commission (NHRC) as a watchdog group in every gender law-making committee so that men are not deliberately discriminated against, Article 15 of the Constitution is not violated again, Article 15 (3) is not wrongly interpreted and that the people’s opinions are not brutally trampled upon.

d) The mandatory inclusion of corporate bodies like FICCI , CII , ASSOCHAM and a corporate committee comprising an equal number of male and female members from the industry so that interests of both genders are kept in mind while drafting laws to truly achieve a equal opportunity workplace.

e) Involving external NGO based on legal knowledge and their background of delivering justice on merits and not merely being women’s rights champions.

f) Allowing the reporting of all cases, true or false accusations, in the media so that the magnitude of use or misuse can be measured.

g) Any fake accusations and allegations, once proved, must be dealt with the severe punishment as the amount of disrespect and defamation it would have by then caused to the working man is immeasurable.

h) Provision of any sort of settlement must be removed.

From India, Mumbai
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Dear Genromito, Good writeup. There is essence of reality to your thought. Regards octavious
From India, Mumbai
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Hi,

The fact is that normally women are being sexually harassed by men and not men by women. Article 15 is not to be involved here as this law is regarding the security of women from men. Hence, there is no gender discrimination.

Talking about "may" in sec 12, Interpretation of Statutes states that although "may" is an enabling word, it sometimes conveys an imperative sense. The word "may" is held imperative as it imposes a duty. Thus, the phrase "court may pass a decree" means that the court has no option but to pass a decree.

Regards, Mr. Apurva Singh

From India, Mumbai
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Dear Apurva,

I appreciate your views on the topic raised above, but your take on the law is not correct. As far as sexual harassment is concerned, yes, there are women in the corporate world where people have used false sexual harassment charges to settle scores and get even.

With changing times, society has evolved, but the law has seldom evolved. If people with backdated views and philosophies see the current world, then it's a matter of time before any female could charge a false sexual harassment case against any male, just for revenge.

History is full of evidence where people, societies, and civilizations have perished because they didn't evolve with changing times.

Regards,
Octavious

From India, Mumbai
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Hi Octavious,

I respect your views too, and I am not denying the false allegations by women against men, but there are things to be proved; it's not just that easy. You cannot deny the fact that women are sexually exploited by men in organizations. Statistics show that there are negligent men who are falsely accused compared to women. This is an attempt to provide security to women. I am also in favor that if a woman's complaint is found to be false, she should be punished. However, this bill is not discrimination.

What have we done to stop discrimination between a Brahmin and Shudra, a white and a black, a rich and a poor? These are greater issues than the above. No one has raised points to stop these discriminations. I think it will not be a good sign to oppose this bill, which is almost negligible in terms of discrimination. If somebody is eager to oppose discrimination in society, there are some major issues to be solved first.

Regards,
Mr. Apurva Singh

From India, Mumbai
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Dear Apurva,

I am not aware if you have gone through the bill. Why don't you go through the same? There is no protection for men who are falsely accused under false sexual harassment cases by vindictive women. Also, why don't we invite more members to debate the topic, because more people will give more views.

I am not against the bill or with the bill, but I am very much in support of the concern raised by genromito. About other discrimination, it's a different game and discussion altogether; let's not mix two different issues and get confused. Comparing various other issues with one that is raised is a pure mistake.

Society is full of imperfections; just because we can't change all imperfections doesn't mean we should not try and change what we can.

Regards,
Octavious

From India, Mumbai
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I am no expert in either law or HR. My sister-in-law has labeled me as "Google Nash" because I am good at searching the web, keep learning and updating myself, and helping others. So, I am sharing my views at the invitation of a member.

Discrimination based on age, color, caste, sub-caste, region, language, looks, etc., is age-old. If we are aware of our own prejudices, then hopefully, we will try to avoid discriminating. Taking Apurva's point, it's Brahmins and the so-called upper class that are being discriminated against in the present age, by law.

Regarding the issue of Sexual Discrimination and Harassment, I quite agree that women are harassed more and discriminated against than men. However, men also face both discrimination and harassment. For example, according to a recent study in Cyprus by Stefanos Evripidou at One in eight complains of sexual harassment in the workplace - Cyprus Mail, one man for every three women complained of Sexual Harassment. In India, where males are supposed to be stronger than women, many men may not come forward to complain about the harassment they face.

I wonder why the act should not be "Sex Neutral" like the one at equalityhumanrights.com. Such an act would cover all categories: male, female, and neutral gender. An extract from this site is given as an example: "Women working in male-dominated environments, women with disabilities, lesbians, and women from racial minorities are also more vulnerable, as are gay men and young men." (p.6).

From United Kingdom
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Dear fellow members,

I have gone through the post by Genromito. Thanks for highlighting the issue.

The trouble with the post is that it is too verbose. The wordiness has killed the gist of the post. The most important paragraph in the entire write up is:

In section 12(1), the Sexual Harassment at Workplace Bill states that if a complaint is found to be false, the committee “may recommend to the employer or the District Officer to take action against the woman or the person who has made the complaint”. In other words, the punishment for making a false Sexual Harassment in not mandatory, but discretionary, and would depend on the recommendation of members of such an NGO whose sole selection to the committee was dependent on their level of being “committed to the cause of women”.

Yes, I too have objection with the phrase "may recommend" lest it may become a powerful tool to settle score. The correct wording should have been "if the allegations are proved false then strict action should be taken and punishment awarded should be at par with the sexual harassment by the male member".

Let me cite you one example. Couple of years ago, one story was making round at Yahoo groups. The incident happened in IT companies. Now in the IT companies the culture is little open. That time the famous Hindi film "3 Idiots" was making big waves. In the main song of this film, it is shown that these three idiots were slapping posterior. Now one of the IT professionals had made similar gesture towards one of the female colleagues. Both were not in good terms. Female employee immediately took objection against this gesture and raised complaint of sexual harassment. The gesture could have been ignored otherwise but not this time. The matter came up in front of sexual harassment committee. This committee censured the senior IT professional. However, cost to company was too high as this senior IT professional was quite demotivated and he put in papers.

Persons go to any length to settle personal score. Classic case is of Anuradha Gupta. She is officer in Foreign Office. Frustrated because of denial of the promotion, it is alleged that she passed on sensitive information while she was posted at High Commission of India, Islamabad. Now the case is in progress and she is cooling her heels at Tihar Jail as under trial.

What our jurisprudence says? It says that hundred guilty may go scot free but no innocent should be punished. Given the wording of the clause that Genromito has mentioned, there is a scope for wrong utilisation of this clause by unscrupulous elements.

By the way Genromito, you are from Namibia. From where you got all this information?

Thanks,

Dinesh V Divekar


From India, Bangalore
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Dear Friends,

I am accepting the views of Mr. OCTAVIOUS and Mr. SIMHAN.

In practical the law of enforcement is very sensitive issue. One practical incident took place. One of the Edible Oil Packing unite there are 100 women workers are working in two shifts i.e. A (6.00am-2.00pm)and General (9.00am-5.00pm) shifts. In one of the batch some products were wrongly packed. The products were dispatched to the parties. While opening the packs it was found other articles were inside the package. Then the party rejected entire material. After investigation and enquiry two culprits (women) were found and they suspended from services after further enquire the removed from services. Immediately the next day the women culprits reported against the HR-Manager to their local leads “that the HR Manager misbehaved against me and also removed”. Then there was a big issue…………….. finally the HR Manager apologies and lost his job.

In this context no one listen what happened, but if a women giving any (false) information will be considered by the society.

Think twice before enforcement. The punishment should be equal ends.

Regards,

PBS KUMAR

From India, Kakinada
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Dear All,

We can share as much information as we can pertaining to this topic. Is there any permanent solution to curb it? Yes, there is a permanent solution that is 1400 years old. It is implemented and practiced by a few humans on this earth. Even today, humans are educated by eminent scholars on this topic. It's not just prescribed and promoted by Islam strictly; it is also prescribed by all other religions.

Look at the culture being promoted by humans. There is no use in discussing governing law because it is framed by humans and manipulated, misused only by humans. Both male and female are held responsible if they have shared or promoted the wrong activity.

I only blame humans for everything but not the Almighty. We (male and female) should know our limits and must be able to differentiate between good and bad (evil). As long as the devil exists, we humans will be targeted and influenced by him. Perhaps my views may sound strange to you all, but I am talking about facts.

The change management starts with "I." If we believe in educating others on right/good things, we can succeed in making people do good things. The most important thing is, do we humans have fear of the Almighty? If "no," it is for sure that we are influenced by the devil and will commit mistakes, will keep doing wrong things, sins, etc.

It is we humans who need to take action to live a better life by practicing ethical principles of life. Last but not least, have faith in a religion that speaks facts and is helping humankind to live a better and secured life. In the coming generations, a female will ruin this world. She already started ruling our lives. The precautionary measure to all males is to have complete control over their feelings and be emotionally strong.

Forgive me if I am wrong.

With profound regards

From India, Chennai
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