INDIA: Delhi considers introducing law against sexual harrassment
Updated
For the first time, India is considering new laws against sexual harrassment to protect female workers. The bill's been welcomed by women's rights groups and economists -- who say women are an important part of India's economic boom. But there's been a less enthusiastic reception from other quarters.
Presenter: Girish Sawlani.
Speakers: Dr Ranjana Kumari, President of Women Power Connect; Dr Jaya Arunachalam, President of Working Women's Forum; Swarup Sarkar, coordinator of the Save Family programme at Save Family Foundation.
SAWLANI: The draft law is an initiative of the Ministry of Women and Child Development. It will be put before parliament when it resumes on the 6th of August. Although the Supreme Court has tried cases of sexual harrassment in work places over the past decade, President of Women Power Connect Dr Ranjana Kumari says the problem is still rampant.
KUMARI: It is fairly common because a lot of women are not reporting due to the reasons of social shame and also they're not prepared to face the consequences in terms of what will happen ultimately once they come out with such an issue. Because normally it is between the working relationship of the subordinate and the senior, and so reporting is really extremely low.
SAWLANI: If approved by parliament the bill will offer victims leave from work and compensation for money deducted from salaries of the implementers. Dr Kumari explains that women will be able to seek legal advice on sexual harrassment at workplace cells throughout the country.
KUMARI: There will be a Sexual Harrassment at Workplace Protection Cell, and where women can come and also of course what you must do and what you must not. What will be considered as sexual harrassment has been defined, and also the punishment because normally it used to be when a woman complained it is she who will be transferred, or it is she who will be seen as somebody who's been in trouble, and that approach and attitude has to change.
SAWLANI: At present 89 per cent of some 270 million female workers belong to the unorganised sector. President of the Working Women's Forum Dr Jaya Arunachalam says that these women have no protection from exploitation and sexual oppression. She believes that this bill will enable them to seek help when they experience sexual harrassment.
ARUNACHALAM: It will actually protect the rights of the women in workplaces. I think the most important thing is the women can go to any court as soon as this bill is passed. I think so this is more important even at the district level; at least she can take it up against any employer or any factory.
SAWLANI: One of the main concerns of this proposal is that women will be able to exploit the legislation in order to seek unlawful monetary benefits and career advancement. Such criticisms have been highlighted by mens rights groups. Swarup Sarkar from the Save Family Foundation says that women can easily misuse this law.
SARKAR: But basically the law has been drafted very badly. This law is made only with one intention that people can misuse this law, get the money and there is no punishment. So if any women can make a complaint and after proving that you cannot take action, what type of law is this?
SAWLANI: Working Women's Forum's Dr Arunachalam also believes that such exploitation may be inevitable.
ARUNACHALAM: It is also happening which I'm not very happy about. I think some of these women compromise and therefore I think the women's movement or the women's leaders who are fighting for this may lose our credibility.
SAWLANI: Save Family Foundation's Swarup Sarkar adds that current harrassment laws are sufficient and the new bill is unnecessary and discriminatory towards men.
SARKAR: If the law is there, why do we need the extra law? Let's implement this law, it's sufficient, that is the gender equality law. Harrassment is harrassment, there's also a lot of men out there. The government should concentrate to stop the harrassment. And men are working under worse conditions of the two.
SAWLANI: Despite promising signs of this law President of Women Power Connect Ranjana Kumari says that implementation is another issue altogether.
KUMARI: Another problem in India we have great laws, we have great all these things to say that we are now finally protecting our women, but implementation is a huge issue here. So I would think that unless implementation is really streamlined and women get justice all these laws will be of not much use.
