critique of bill (protection against harrasment) - copy

8/18/2019 Critique of Bill (Protection Against Harrasment) - Copy

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In the name of Allah; the benicient, the merciful.

Assignment on

Critique on

Protection against Harassment of Women at Workplace Act 2010

Submitted by

Asia Erum

MS Education

Submitted to

Dr Munir Musa

Sindh Madrassatul Islam University,

Karachi

The Protection against Harassment of Women at Workplace 2010


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!e Act defines "arious terms #!ic! are necessar$ to %e understood suc!

as &!arassment'( orkplace' etc) *t also la$s do#n procedures for formation of t!e inquir$ committee( defines its po#ers and responsi%ilities( and suggests

penalties to %e made etc) !e Act not onl$ makes responsi%le t!e organi+ation

#!ere an act of !arassment takes place %ut also in"ol"es go"ernment at all

le"els) *t pro"ides equal opportunities to %ot! t!e complainant and t!e accused

in t!e course of t!e inquir$ and after t!e decision !as %een made %$ inquir$

committee) *t gi"e t!em rig!t to go furt!er if t!e$ are not satisfied #it! t!e

decision of t!e inquir$ committee and also pro"ides full assistance suc! as time(

C,A etc)

!e Act is %eing !ig!l$ critici+ed %$ #omen rig!ts acti"ists)‟

-nfortunatel$( it lea"es it up to t!e internal committee to decide a monetar$ fine

to %e paid %$ t!e perpetrator( depending on t!eir income and financial status)

Accordingl$( a lo#er le"el e.ecuti"e !as to pa$ a lo#er fine for !arassment t!an

a senior e.ecuti"e) !is un/ustified and une.plained discriminator$ sc!eme

lea"es scope for inequalit$ among different sections of societ$ for an act equall$

!einous in nature( %e it committed %$ an$one)

!e Act does not co"er in its scope and am%it a "er$ important communit$( t!at

are agricultural #orkers) !e e.clusion of armed forces too is an ine.plica%le

gap) Women #orking in t!e armed forces suffer !ig!l$ from se.ual !arassment

#!ic! calls for t!eir inclusion #it!in t!e pur"ie# of t!e Act) W!at needs to %e

noted is t!at t!e Armed orces sector is !ea"il$ male dominated and t!at t!e

c!ain of command is in t!e lair of t!e males) Enquiries are !eld %e!ind closed

doors putting #omen in t!e Armed forces at a disad"antage to %egin #it!) !ere

is no need to e.clude suc! #omen from t!e pur"ie# of t!e Act as no strategic or

ot!er interests are affected %$ protecting t!em against se.ual !arassment at t!e


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#orkplace)

*n an era( #!ere t!e force of t!e la# t!ri"es for creating equal opportunit$ and

focuses on eliminating discrimination of e"er$ kind possi%le( t!is particular Act

is not at all gender neutral) !e Act pro"ides protection against acts of se.ual

!arassment onl$ for #omen and not men) n t!e ot!er !and( interestingl$(

"arious recent studies and sur"e$s o"er t!e last $ears or so !a"e s!o#n t!at "er$

often( #orkplaces also in"ol"e #omen initiating and engaging in acts of se.ual

!arassment) !e researc! concluded t!at #it! respect to t!is crime( cities in

*ndia are gender neutral and #omen are often on t!e dominating end /ust like

men) !ere #ere 23 people queried in t!e sur"e$ across se"en cities in t!e

countr$) *t #as found t!at4

,angalore4 !e respondents said t!e$ !ad %een !arassed) Moreo"er( onl$ 526

said t!at t!e$ #ere !arassed %$ male colleagues) H$dera%ad4 276 of t!e

respondents said t!e$ !a"e %een se.uall$ !arassed %$ t!eir female %osses #!ile

896 accused t!eir male %osses) Del!i4 :um%ers are e"en( #it! 856 pointing a

finger at t!eir female colleagues and an equal num%er accusing t!eir male

colleagues of se.ual !arassment) 596 of t!e respondents agreed t!at in toda$ s‟

#orkplaces( e"en men are as "ulnera%le to se.ual !arassment as #omen)

Alt!oug!( t!is Act is a great step for#ard in protection for #omen( it !o#e"er

lea"es a #ide scope for false allegations) *ndi"iduals not in"ol"ed in la#

making %ut #!o #ould rat!er %e go"erned %$ t!is la# feel( t!at its effect must

%e "ie#ed not /ust on t!e indi"idual in question %ut in totalit$ including !is

famil$) !is not onl$ %ecomes a source of nuisance to t!e man so falsel$

accused and !is famil$( it also tarnis!es t!eir reputation;) !is in turn %ecomes

a great t!reat t!at a !ouse!old ma$ face)

Anot!er question t!at !as %een raised on numerous occasions is #it! regard to

t!e definition of t!e #ord


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*t can roug!l$ %e interpreted to include almost an$ male #orker) !is is e"ident

%$ use of #ords like(


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muc! more careful #it! t!eir /okes( it #ill ultimatel$ create a !ostile

en"ironment at #orkplace)

!e definition includes &an$ place #!ic! arises #it!in t!e course of

emplo$ment'( t!ere%$ including clients offices( ta.is( !otels( etc‟ ) Hence for t!e

purpose of t!is Act( t!e areas o"er #!ic! t!e emplo$er !as no access or control

are deemed to %e a #orkplace( and t!e lia%ilit$ of occurrence of an$ unto#ard

incident of se.ual !arassment is directl$ attri%uted to t!e emplo$er) !is

pro"ision seems to %e e.tending t!e scope of t!e Act more t!an required( i)e) t!e


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This provision vests the Committees with powers of a civil court hence

making it a quasi-judicial entity. It is to be noted that the members to be

appointed as a part of the Committee are not required to have any legal

background nor is it necessary for them to belong to the legal fraternity.

Hence, vesting the powers of a civil court in authorities having no legal

knowledge seems inappropriate. Also, this may be interpreted as an instance

of colourable legislation, as powers of courts cannot arbitrarily be conferred

on domestic committees.

It is certain that many victims will shy away from the publicity, the

procedures, the delay and the harshness in the criminal justice system, this

alternative structure and process is welcome, but needs much alteration.

Helping the victims to make informed choices about the different resolution

avenues, providing trained conciliators, settlement options by way of

monetary compensation, an inquisitorial approach by the Committee,

naming the victim by use of words like complainant etc. and not using her

actual name and in-camera trials are some areas of improvement. Apart

from this, we need something else which the legislation cannot provide- the

mindset to understand the fears, compulsions, and pressures on women

victims. The legal concept and test of a “reasonable man” should give right of

gender to that of a “reasonable woman” as well.

critique of bill (protection against harrasment) - copy

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