Saturday, December 4, 2010

Law on protection of women from sexual harrasment at work place

ON November 4, the Union Cabinet gave the go-ahead for the enactment of a law on protection of women from sexual harassment at the workplace. Titled Protection of Women against Sexual Harassment at Workplace Bill, 2010, the draft law has its basics ones prepared in 2004. This development has been pending for long considering the fact that the Supreme Court laid down as early as 1997 certain guidelines to prevent the sexual harassment of women at their workplaces, in its landmark judgment delivered in Vishaka vs the State of Rajasthan and others.

Vishaka, a non-governmental organisation working for gender equality, had filed a writ petition seeking the upholding of the fundamental rights of working women under Article 21 of the Constitution. The immediate reason for the petition was the gang rape of a saathin (a social worker involved in women's development programmes) of Rajasthan in 1992.

The assault was an act of revenge as the saathin had intervened to prevent a child marriage. The accused were acquitted by the trial court. However, following a hue and cry raised by women's organisations, the High Court stayed the acquittal.

The Cabinet has done under ground work for the presentation of the Bill in the ongoing winter session of Parliament, One redeeming feature of the proposed Bill is that women can, at least on paper, look forward to a more decent and secure workplace environment and the employer is liable to pay a fine of Rs.50,000 if he fails to comply with the provisions.

No comments:

Post a Comment