#MeToo-impact: NCW thinks better law to address workplace-harassment is needed
In what can be seen as the aftermath of #MeToo movement which swept India in October, the National Commission for Women is mulling creation of a separate law or policy to address all forms of gender bias at workplaces. The idea was floated at the day-long meeting to review the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013. Here's more.
Who all attended the meeting
The meeting was attended by many renowned personalities including Justice (retired) Sujata V Manohar, who was part of the three-judge bench which formed the Vishaka guidelines in 1997. NCW chairperson Rekha Sharma, Justice (retired) G Rohini, advocate Flavia Agnes, and Dr. Pam Rajput also attended the meeting. Justice Manohar said the existing law left out many aspects, and so a new one was needed.
Discrimination can be of different kinds
"The current definition (as per Section 2(n) of the Act) is not adequate to cover all kinds of harassment based on sex," Justice Manohar said and added the Constitution prohibited any form of discrimination. She hoped the new law addressed "sex-based discrimination that is not sexual in nature", like nitpicking faults in work, passing derogatory remarks to female employees, and victimizing a woman if she complains about superior.
Survey will be conducted to understand harassment women face
Sharma said a survey will be conducted in the corporate and unorganized sectors to understand the kind of discrimination women face. "It may be a bad posting or not being given proper work or mental harassment from the boss only because the employee is a woman," Sharma said and noted the existing law left many things out, hence a newer policy was needed.
Justice Manohar noted existing law didn't consider #MeToo
In the #MeToo storm many past cases have come to fore. About taking action on them, Justice Manohar said the existing law didn't consider the #MeToo movement at all. "What is to be seen is whether this remains a social movement or whether we can convert it to a legal movement," she said. Justice Manohar called for stringent punishment in case of rapes.
Separately, Flavia Agnes said religious institutions shouldn't be exempted
Agnes noted there was a need to bring religious institutions under the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013. She gave the example of Kerala nun rape case, which wasn't a standalone one, she believed. "In all religious institutions imagine the power they hold over the women devotees and subordinates. There's no committee and nobody is bothered," she added.
