Panel wants domestic workers brought under bill against sexual harassment
NEW DELHI, December 9, 2011 A parliamentary panel has recommended that domestic workers be brought under the purview of the Protection of Women Against Sexual Harassment at Workplace Bill, 2010. The comprehensive legislation seeks to protect women against sexual harassment at workplace and lays down a complaint and redress mechanism.
Domestic workers, who make up 30 per cent of the women workforce in the unorganised sector and who are most vulnerable to sexual harassment, should be assured of their right to work with dignity, the Parliamentary Standing Committee on Human Resource Development said in its report on the Bill, which was tabled in the Rajya Sabha on Thursday.
The “definition of employee, employer and workplace is required to be changed to ensure [that] domestic workers are brought under the ambit of this Bill…,” it said.
India had voted in favour of the International Labour Organisation’s Convention 189 for Decent Work for Domestic Workers, and the committee has rejected the government highlighting practical difficulties in the absence of any code of conduct laid down for the household.
The Bill was introduced in the Lok Sabha on December 7 last and referred to the committee on December 30. It seeks to provide every woman with a safe and secure environment, free from sexual harassment.
The panel has strongly recommended that the title of legislation be changed to ‘The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Bill,’ so that it could reflect the preventive aspects in line with the guidelines laid down by the Supreme Court in 1997 in the Vishaka case.
Vishaka case
The Vishaka case judgment not only defined sexual harassment at workplace, but also laid down guidelines for its prevention and disciplinary action against the erring employee, it said.
The committee has taken note of the strong reservations expressed about the Bill being gender-specific, but pointed out that it is a sad reality that women were at a disadvantage and are discriminated against, abused and harassed.
“With the increase in the number of working women, in both the organised and unorganised sectors, the situation at the ground level continues to be disturbing. What is more worrisome is that the Supreme Court’s guidelines, given way back in 1997, continue to remain ineffective as borne out by the feedback given by the Ministry of Women and Child Development.”
A balanced and well-structured mechanism, giving an equal opportunity to both the aggrieved woman and the respondent with adequate safeguards is unlikely to give any biased protection to women workers, it pointed out.
It favoured a study of sexual harassment of men and women at workplace at regular intervals and felt that the viability of having a provision for tackling sexual harassment of men at workplace be explored.
The committee has observed that all workplaces, including Central and state government institutions, are required to follow the Supreme Court’s guidelines.
Taking into account the problems likely to be faced by local committees in redressing the grievances of victims against highly placed officials of the government or the private sector, the committee felt that the State commission for women needs to be involved in handling cases against employers. It also suggested that a distinction be made in the Bill between a minor offence and a major one.
“Tendering apology or admission of guilt would be fine in the case of a minor offence, but the same should not be applicable to major offence.”
It said punishment should be the only way of rendering justice to the aggrieved women in major cases.