Sunday, July 18, 2010



Make Sexual Harassment at Workplace Bill 2010 Gender Neutral with strict provisions to prevent Misuse- Discussion on p7 news channel 18jul2010

Make Sexual Harassment at Workplace Bill 2010 Gender Neutral with strict provisions to prevent Misuse- Discussion on p7 news channel 18jul2010

Part 1/3 Sexual Harassment at Workplace Bill 2010 Discussion on p7 news channel 18jul2010





Part 2/3 Sexual Harassment at Workplace Bill 2010 Discussion on p7 news channel 18jul2010





Part 3/3 Sexual Harassment at Workplace Bill 2010 Discussion on p7 news channel 18jul2010



Press Conference: “Sexual Harassment at workplace Law proposal”

Press Conference: “Sexual Harassment at workplace Law proposal”

Place: 17th July 2010, Saturday
12:30 to 2:00 PM. Jawaharlal Nehru National Youth Centre, 219, Deendayal Upadhyay Marg, New Delhi 110002.
Near Pragati Maidan Metro Station, Near ITO.

All are cordially invited, one can ask questions even anonymously. Followed by lunch.

Contact: Sandeep Bhartia, President ( 9971117829),

Mrs Swarnlata (9711819834 Spokesperson)

Few other Organizations will be also participating with their Separate Press releases.

Invitation & Press release.

The new proposal focus is on getting money for emotional, mental trouble based on the salary of the man.
The judges have to be biased by law (includes 3 feminists) to decide the amount, etc. so in the present form this can result in flood of false complaints for money, revenge etc. 

Our Suggestions about this Law proposal include: 

1: Our demand is that the construction of complaints committee should be kept the same as in Supreme courts Vishakha Judgement (which is the present law). Presently committee is good, will be headed by women & 50% or more members should be women. Complaints Committee should involve a third party, either NGO or other body who is familiar with the issue of sexual harassment. Why is the need to significantly change this committee by new committee proposal to have 3 women committed to the cause of women (including the head of committee)? It is seen in case of Protection officers (in the new Domestic Violence law from 2006), that protection officers are under pressure to give one sided reports to keep their jobs. Why can not the ommittee members be neutral like in Supreme Courts Judgement & the proposal says their have to be 3 women rights activists.

2: The present law proposal says pay money for emotional, mental trouble caused due to sexual harassment at office. We think that money compensation should be limited to the actual money loss suffered, like paid leaves, salary loss or medical loss. Unlimited money for emotional trouble will lead to a flood of false complaints, just like in matrimonial disputes wife are asking from all male relatives, for mental trouble Rs 85 lakhs, 10 lakhs etc. in the new law of domestic Violence, section 22. Why not give punishment instead of money. Good women are not so cheap that they want money for sexual harassment; they would rather punish the offender. Unlimited Money = False complaints.

3: The Law proposal says false complaints cannot be told to public, press and media, and only true complaints can be told. This has long term effect, by legally allowing only one sided information to be passed to the press. The harm is significant, though not so easy to explain.

4: Law ministry’s main job is to make Laws. We are asking that gender Laws in proposal stage be put on Law ministries website, just like in blogs. There should be a provision to put feedback comments, persons & press should be allowed to see each other moderated comments. This will ensure that feedback received is more or less transparent. Our NGO will do this for free for the Govt. of India. At the press conference we will try to understand why this is virtually impossible for Indian Govt. to make gender law drafting process open to Indian public due to foreign funding etc.

Summary 12 page document about sexual harassment at workplace law Proposal is at NGO President’s blog.

References:  Present Law that is good should be continued. May be make committee formation compulsory at offices.

New Law proposal that we have access to.

Video Links of out TV Debates for this Law proposal.

Our TV Debate 1. : Since this law proposal can not be justified, Important points by us are met with
bursts of frustration & personal attacks, making famous experienced feminists look cheap, & walkouts from TV studio. (23
years feminists Supreme Court lawyer & writer of dozens of women laws books), & (Another on panel is Delhi university ex.
President active in Domestic violence TV programs).

Our TV Debate 2. : With not hardcore feminists, finally all have to agree this law proposal is wrong.

Raksha( USA) booklet is at

Detailed blog with persons comment & other links is at
Presently sexual harassment complaints are taken seriously; it is tried under rules of other complaints. Usually man is promptly fired or given a last warning. 


Photos of the Press conference – photos 1 to 14 are of 17 july 2010 conference


courtesy : –

President - Sandeep Bhartia(9971117829), Secretary -Niladri Shekhar Das (9811052770)

Gender Human Rights Society(Regd.)


Why are they afraid to make it gender neutral- Whose law is it anyway?

Whose law is it anyway?

Satya Prakash, Hindustan Times
New Delhi, July 17, 2010First Published: 23:13 IST(17/7/2010)

Thirteen years after the Supreme Court ordered implementation of a set of guidelines to protect women from sexual harassment at work, the government has drafted a bill to replace the guidelines issued in the 'Vishaka case'. The Prohibition of Sexual Harassment of Women at Workplace Bill, 2010 is expected to be tabled in Parliament this monsoon session.

It's interesting to note that on March 10 this year, Pakistan enacted a similar law under which a culprit can be sent to jail. The Indian draft, however, does not go that far. A guilty employee can be sacked at the most and the victim compensated financially. If the act is criminal, the victim will then have to charge the offender under other laws.

But the Indian bill is ambitious at other levels. It covers a wide swathe of the workforce, including the estimated 118 million women in unorganised sectors such as agriculture, construction, handloom, domestic help, shops and small-scale industries — working on a regular, temporary, ad hoc or daily wage basis. Even students, NGO workers, research scholars, trainees and patients will be able to claim cover. Also, it offers a broad definition of harassment by "verbal, textual, physical, graphic or electronic" means.

If the bill becomes law, managements of all organisations employing more than 10 people will have to set up a mechanism for the filing of complaints and their redress. If a worker is at fault, the employer must act within 60 days.

But our bill protects only women. Most western countries, including the UK, Australia and France, have gender-neutral laws. In the US, where such laws vary between states, the share of harassment claims filed by men has doubled to 16 per cent between 1990 and 2009, says the US Equal Employment Opportunity Commission.

Brinda Karat, leader of the All India Democratic Women's Association who was involved in the making of the draft, says, "The Bill has been drafted in the Indian context keeping in view the Indian experience and to suit the Indian situation. There is no question of making it gender-neutral."

Girija Vyas, chairperson of the National Commission for Women (NCW), says the draft has been based on the Supreme Court's Vishaka verdict, and recommendations of the Law Commission and NCW. "In most cases, women are the victims... We'll see in the future if other cases come up."

Shouldn't there be a provision to deal with harassment by a person of the same sex? "Let [this draft] be passed. Let us see its implementation. As and when such a situation arises, we will think of it," says Karat.

However, senior Supreme Court advocate Pinky Anand says, "There is no reason why the proposed law should not be gender-neutral — and protect both women and men. Today the possibility of either sex being harassed is a reality."

NCW silence in honour killing case annoys court

NCW silence in honour killing case annoys court

A Delhi court has expressed displeasure with the National Commission for Women (NCW) over its failure to respond to its notice for rehabilitation of a woman whose husband was murdered allegedly by her father and others in a case of suspected honour killing.

Additional Sessions Judge Sanjeev Aggarwal termed the non-appearance of any representative from NCW as “unfortunate” despite the notice of June 1.

Fresh notice

The court issued a fresh notice and sought the NCW response on July 16 saying the organisation was required to work out some scheme for rehabilitation of the victim who was also allegedly gang-raped last year for marrying a man in the same “gotra” (clan).

“In the peculiar facts and circumstances of the present case, there are allegations of honour killing of the husband of the victim allegedly by her father, brother and other persons and there are also allegations of gang-rape against two accused….And if no rehabilitation is provided to these sort of victims, then the entire social fabric would be in danger and NCW is one of the premier organisations which is engaged in rehabilitation work of those kind of hapless victims,” the court said.- PTI