Sexual harassment Bill may cover helps, men-TOI

New Delhi: Domestic helps would find it easier to complain against sexual harassment if the recommendations of a parliamentary panel, favouring their inclusion in the proposed ‘protection of women against sexual harassment in workplace’ bill, are accepted.
Dismissing the government’s view that there were “practical difficulties” in implementing the law within the confines of a home, the committee on Thursday said such excuses could not be used as a shield against complaints. Domestic workers, with 47.5 lakh registered in the country, comprise 30% of the female workforce in the unorganized sector. In another first, the panel has also suggested that an enabling provision be considered to allow reporting of sexual harassment of men at the workplace. This follows representations from several men’s organizations. The parliamentary standing committee on HRD headed by Oscar Fernandez tabled its report in Rajya Sabha on Thursday. The report has suggested involvement of NGOs, police stations and RWAs in helping the aggrieved domestic worker get justice through the legislation.
Incidentally, the National Commission for Women, set up for protection of women’s rights and which works under the ministry of women and child development, has contradicted its own ministry. NCW officials told the committee that the concerns raised over enforcing the provisions of the bill within the privacy of the home were “unfounded” as the domestic violence act had “broken this myth” and extended legal protection into the confines of the home.
The committee had received representations from several domestic workers associations .
The committee has also recommended change in the definition of an employer to make it more broad-based and to include contractors, home-owners and landlords. Workplace can also include vehicles provided by employers for women to travel to and fro from work. It has also suggested that the head of a private institution including a company, hospital or university be specified, as in the case of government institutions.
The sexual harassment bill was introduced in the Lok Sabha on December 7, 2010 and was referred to the standing committee on December 30. It seeks to provide every woman a safe and secure work environment.
The committee was of the view that preventive aspects reflected in the proposed Bill had to be strictly in line with the Supreme Court guidelines in the Vishaka case and sought the pro-active role of NGOs in implementing the Bill. The apex court’s judgment in Vishaka case not only defines sexual harassment at the workplace but also lays down guidelines for its prevention and disciplinary action against erring employees.

Law soon to protect men from sexual harassment?–DNA

http://www.dnaindia.com/india/report_law-soon-to-protect-men-from-sexual-harassment_1623318

 

With the number of women at higher positions going up, there is a genuine concern among men that they too can be victims of sexual harassment at workplace. Hence, they have sought a gender-neutral law from the government.

Accepting that men too can be victims of sexual harassment at workplace, the parliamentary standing committee on human resource development (HRD), examining the Protection of Women Against Sexual Harassment at Workplace Bill, 2010, has suggested the government to have enabling provisions in the proposed law through which circumstances of sexual harassment cases of men too can be explored and tackled.

While taking note of strong reservation and angst expressed by men organisations regarding this gender-specific bill believed to tilted towards women, the committee suggested regular surveys to be conducted to get an idea on sexual harassment towards men also.

“The committee, keeping in mind the interests of all concerned, feels that the viability of having a provision of enabling nature where circumstances of having a provision of enabling nature where circumstances of sexual harassment cases of men at workplace can be tackled, may be explored. Alternatively an employer/ establishment can be mandated to report cases/instances of male sexual harassment also in their Annual report. This may help understand the real picture,” the report said.

This observation came after the committee was miffed by the fact that the ministry of women and child development (MWCD) and National Commission for Women (NCW) who prepared the legislation did not consult stakeholders representing men’s cause was not done.

When called by the standing committee, the men’s groups said the law was ignoring the fact that men too were sexually harassed at the workplace and the proposed law was heavily biased towards women.

While giving examples about gender neutral laws in countries like Denmark, the UK, Ireland, Finland, France, Germany, Portugal, Spain, The Netherlands, men’s organisations argued that since the percentage of women at superior levels was increasing, it was incorrect to presume that only women can be victims of sexual harassment.

Meanwhile, the committee recommended bringing domestic workers and contract employees under the ambit of the proposed law since expecting such a vulnerable groups to take recourse to IPC in a sexual harassment case cannot be considered viable.
The committee believed that the privacy of a household cannot be an excuse to shield uncalled for acts against this category of women in the workforce.