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Adding teeth

Last Updated 07 September 2012, 17:15 IST

The bill against sexual harassment at workplace, which was passed by the Lok Sabha this week, gives a strong legal framework to the existing guidelines that are meant to protect women from unwelcome conduct and behaviour they frequently have to face.

The guidelines, laid down by the Supreme Court in the landmark 1997 Visakha case judgment, had for the first time officially recognised the problem of harassment and provided for legal action in such cases. But the absence of a specific law for the purpose has been felt because the guidelines have not been well implemented. Pressure from women’s s groups and organisations and enlightened sections of society has now resulted in the framing of a law which has greater scope and teeth than the guidelines. It is also in line with similar laws that exist in other countries.

There is a clearer and more comprehensive definition of sexual harassment in the bill as it covers not just improper physical contact or requests for sexual favours but also use of sexually suggestive words and gestures. It also makes a broad definition of workplace and covers the unorganised sector and house maids who are often victims of harassment. Offices, both in the  government and the private sectors, have to form complaints committees which will have penal powers.

These committees have to be set up at the district level also. The mechanism which is being put in place should help to address the problem of overt and covert harassment which is widely prevalent. All women face such unwelcome attention everywhere, in offices, educational institutions and in public places. Most are not reported for reasons like the stigma attached to such complaints, lack of certainty about redressal and even ignorance of the right to complaint. Women should be made widely aware of their rights under the law and encouraged to report offences.

As in the case of most laws, effective implementation is crucial for the success of the new legislation. There is criticism that it leaves out agricultural workers and women working in some sectors like the armed forces.


They also deserve legal protection. Sexual harassment is part of entrenched social attitudes and effective implementation of the law should help to change these attitudes. It is the self-respect and dignity of women that is questioned when they become targets of unwanted attention. The law is therefore an important tool to deliver equality and gender justice to women.

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(Published 07 September 2012, 17:15 IST)

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