The Hindu : Karnataka / Bangalore News : State plans legislation against workplace sexual harassment

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Friday, Jun 08, 2007
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Karnataka

Karnataka - Bangalore

State plans legislation against workplace sexual harassment

Staff Reporter

Centre's draft Bill seeks to cover unorganised sector for the first time

IN CONVERSATION: Minister for Medical Education V.S. Acharya with Karnataka State Women's Commission chairperson Pramila Nesargi (left) and secretary Parvathi Thimmaiah at the seminar on the draft Bill on sexual harassment of women at the workplace, in Bangalore on Thursday. — Photo: Sampath Kumar G.P.

BANGALORE: While the draft Bill on protection of women from sexual harassment at the workplace has been posted on the website of the Ministry of Women and Child Development for comments and suggestions, Minister for Medical Education V.S. Acharya has appealed to the Karnataka State Commission for Women to prepare a draft Bill of its own to help better protect women.

Dr. Acharya inaugurated a seminar organised by the commission here on Thursday ahead of bringing in legislation based on the Protection of Women Against Sexual Harassment at the Workplace Bill, 2007 drafted by the Centre. The Bill seeks to cover the unorganised sector for the first time.

He said it was appropriate that women from the district and taluk levels who work outside the home had come together to discuss the issue so that the legislation could be made comprehensive.

`State will follow suit'

"If the Centre brings in legislation that will create a safe and secure work environment for women and, in particular, protect them from sexual harassment, the State Government will follow suit and bring in a similar law," Dr. Acharya said.

Commission chairperson Pramila Nesargi said no time should be lost because women faced the worst kind of harassment with disastrous consequences for them and their family. With this objective, the commission had decided to get perspectives from a cross-section of women.

The Centre's draft Bill aims to make it mandatory for all organisations, including those in the private sector, to have a committee headed by a woman to look into complaints of sexual harassment. It says that any unwelcome sexual behaviour such as advances (verbal, physical, graphic or electronic, including SMS), conduct designed to humiliate women, and a hostile work environment could be termed sexual harassment.

Besides, sexual remarks in the form of jokes or display of pornographic material or any implied or overt promise of either preferential or detrimental treatment in employment will also come under the purview of the Act.

There is the 1997 directive of the Supreme Court in the Vishakha Datta case already operative. Thus every office has to have a cell where complaints of sexual harassment will be received.

Clarification

In 2004, the Supreme Court also clarified that a report by the departmental complaint committee shall be treated as an inquiry against erring persons.

A person could be awarded punishment for sexual harassment on the basis of such a report, the court had said.

Commission secretary Parvathi Thimmaiah said that in 2006, various committees in government offices and a few private sector units had received 32 complaints, of which two had been settled. Since April this year, five complaints had been received.

In the private sector, complaints mostly came from garment manufacturing units, where women work in all shifts, she said.

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