- Sexual exploitation of women at the work place.
The Supreme court has made it mandatory for all States/Union territories to set up mechanisms for implementing the guidelines relating to providing a safe and secure environment to women at the work place to he them to work with dignity ,decency and respect.
The guidelines are all the more important because women victims are reluctant to file complaints due to social stigma and fear of social reprisals.
It is mandatory for every organization to institute a committee headed by a woman/ comprising a lady member to sensitise women employees of their rights.
Sexual exploitation includes indecent remarks; physical/verbal misconduct.
The bill covers employers; clients, contractors and daily wagers who enter the premises including domestic helpers.
An internal complaint redressalmechanism and the stipulation that the committee meet at regular intervals ensures women employees protection and safe environment.
Non-compliance results in imposition of penalties.
Questions.
- What is the case in which the Supreme court laid down guidelines to prevent sexual exploitation at the work place?
- What grounds constitute exploitation?
- What constitutional provisions are violated?
- What are the penalties envisaged?
- What are the exceptions to the bill?
1. Vishakhadatt Case 1997 (It is sad to know that after so many years the bill has been passed, this shows lethargy of legislature with regards to women issues)
2. The Bill prohibits sexual harassment at the work place
which may include promise of preferential treatment,
threat of detrimental treatment, hostile work environment,
or humiliating conduct constituting health and safety
problems.
3. It violates Right of equality (art 14), Right to Life with dignity (art 21) and Right to work (Directive principle, art 41)
4. For first non-compliance there is fine of 50000 and next violation could attract more fine or suspension of business license. If an allegation is proved, the Committee shall
recommend penalties for sexual harassment as per service
rules applicable or the Rules under the Act. In addition,
it may provide for monetary compensation to the
complainant. The committee would give recommendations to employer or District officer which should be acted upon within 60 days.
5. Domestic workers are not included. Workplaces with less than 10 employees can have no internal committee and complaints of such cases are to be taken by local//district committee.