Wide dif in Govt on draft of sexual harassment bill

New Delhi, Feb 4: Deep fissures have appeared between the Women and Child Development Ministry and Law Ministry on the draft bill on the Protection Against Sexual Harassment of Women at workplace with the former calling for punishment while latter insisting on 'reconciliation' between the victim and accused.

The two ministries would hold fresh discussions to bridge the differences and arrive at a consensus on the issue of conferring upon women the right to protection against sexual harassment and for the prevention and redressal at sexual harassment grievances''.

A meeting in this regard is likely to be held next week.

Once the two ministries would arrive at a consensus, then only the bill would be sent to the Union Cabinet for approval.

Though the government is trying to get the bill introduced in the Budget session of Parliament, due to the differences of opinion with in two of its ministries it was uncertain whether the bill could be brought in the coming session or not.

Earlier, the law ministry had made so many changes in the draft of the bill sent by the Women and Child Development Ministry that it was almost ''unrecognizable,'' WCD ministry sources told UNI.

''The law ministry was insisting on reconciliation aspect in the bill. What kind of a reconciliation could be possible in case of sexual harassment,'' the sources said.

They said the Law Ministry was looking into the legal aspects of providing protection to women from sexual harassment at work place. It was adopting a cautious approach so as to avoid misuse of law by some unscrupulous persons.

Following the return of draft bill by the Law Ministry, the Women and Child Development Ministry held a meeting with the women activists and social workers at which officials of the Law Ministry were also invited, they said.

''We hope that now the Law Ministry would understand our view point better,'' they added.

The new draft bill focuses on the protection of women employed in unorganised sector as those working in organised sector were already protected by the Supreme Court judgement in the Vishakha case. At that time while asking the government to ensure to set up Internal Complaint Committees headed by women experts in all offices to investigate the cases of sexual harassment of women, the Apex Court had asked the government to formulate an act in this regard so as to cover largest possible number of women under it.

As the present bill focuses on unorganised sector where largest number of women are employed it provides for constitution of three member Local Inquiry Committee headed by an expert and having representative of both the complainant and the employer, they said.

The bill was more complex in view of the variant work environment in the unorganised sector.

Under the bill 'Sexual Harassment' includes such unwelcome sexually determined behaviour as physical contact and advances, sexually coloured remarks, showing pornography and sexual demand, whether by words or actions. Such conduct can be humiliating and may constitute a health and safety problem. It is discriminatory when the woman has reasonable grounds to believe that her objection would disadvantage her in connection with her employment, including recruitment or promotion, or when it creates a hostile working environment, the draft bill points out.

According to the bill, 'Hostile Work Environment' is said to be created when any act of sexual harassment has the purpose or effect of unreasonably interfering with an individuals work performance or creating an intimidating , hostile or offensive working environment.

It provides for penalities to the accused like withholding an increment for more than a year, reducing his rank or grade and even termination from services. The bill also provides for granting compensation to the women victim for mental trauma and damages suffered by her due to sexual harassment.

It holds every employer responsible to take all necessary and reasonable steps to prevent and ensure that no woman employed in the establishment is subject to sexual harassment by any third party during the course of employment. Where any such sexual harassment occurs, the employer shall take all necessary steps to assist the aggrieved woman to redress the act of sexual harassment.

UNI