Saturday 2 March 2013

Legitimate guard or Illegal weapon.


A deluge of periods and a humongous amount of time has passed away and finally it has been enacted. Sixteen years after the Supreme Court’s seminal Vishaka judgement, which framed down the definition of sexual harassment. The outline of the bill was proposed before a colossal time. Sixteen years is an enormous time but finally the bill has promulgated. The sexual harassment in workplace bill, a positive and vital step being taken up by government to lend a helping hand to the women,  was initially passed by Lok Sabha in the previous parliament session and has now got thumbs up from the Rajya Sabha side too. The bill has got two faces. There are loopholes in the bill and there are plus points too. The Vishaka case defines workplace as “traditional office set up where there is a clear employer-employee relationship” but the bill in this concept has been ingenious and according to the bill harassment can be considered in the bill in any place where the employee visits during course of their employment. The bill covers all the employees (temporary/permanent/ad hoc/daily wage employees and even voluenteers)……….

But the bill can also not be dubbed as flawless. Some lacunae in the bill are:-

According to the bill the definition of aggrieved woman comprises of only a woman in a workplace. It alienates the woman most harasses, the students. It doesn’t equip students with arms against the molestation and sexual harassment.

The other thing is false complaints. Many acts like act 498(a) have been used by unethical women as a weapon against honest men and there has nothing been highlighted in this concept in the bill and therefore it could be an illegitimate legal weapon to harass man.

 

Thus our government needs to first review the bill and emend it, so that it is not used for wrongful purposes.

 

Jai Hind, Jai Bharat

Jai ma Bharti

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