What is the issue?
- The #Me Too movement has gained momentum in India, with a recent series of allegations.
- In this backdrop, it is essential to understand the drawbacks and shortcomings in the present law against sexual harassment at workplace.
What did the 2013 Act do?
- The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, passed in 2013, is the law in place.
- The Act expanded the ambit of the earlier Vishaka guidelines, to cover women in any working environment.
- It ranges from domestic helps to those in the unorganised sector and covers clients and customers.
- The sphere of the workplace was expanded from immediate office environment to any place visited during the course of employment.
- It included transportation, and non-traditional workplaces which involve telecommuting.
- But the #metoo movement suggests that the law urgently requires further expansion.
What are the continuing shortfalls?
- Past incidents - The biggest and the most obvious gap in the law flows from retrospective accusations.
- The Act offers no clues to how organisations should proceed when an existing employee stands accused of past transgressions by women with no immediate link to the existing company.
- Mechanisms - Some organisations have responded by mobilising the internal complaint committee to address backdated external claims.
- But the law should not rely on the subjectively variable element of organisational wisdom or convention to redress this use.
- Explicit steps to deal with such contingencies would only reassure women that the legal system takes their rights seriously.
- Relevance - The Act does not offer guidelines on dealing with questions raised by the movements like the current #metoo tweet-storm.
- The #metoo movement reflects a greater sense of empowerment.
- Notably, this space was curtailed by an understandable hesitation to file complaints with the police, under the current law.
- The law, therefore, needs to move in sync with the times.
- Implementation - For ordinary women in the unorganised sector, especially in politics, redressal mechanisms are non-existent.
- The laws stipulate setting up local complaints committees in every district for organisations with 10 or fewer employees.
- But currently, their existence and functioning is not to any noteworthy levels.
- There are also no penalties for districts that lack such complaints committees.
- Balance - The Act needs to acquire some balance by extending the rights to men who stand accused too.
- Ensuring the principles of natural equity is the best guarantor of women’s rights indeed.
- Leadership - A crucial reason why women have resorted to public naming and shaming is the unresponsiveness in the formal channels.
- Leaders across workplaces must thus ensure that the formal system is sensitive and responsive enough for female employees.
- This is essential for them to confidently come forward and register a complaint.
Source: Business Standard
