ALL INDIA DEMOCRATIC WOMEN’S ASSOCIATION
NO. 2253-
E , SHADI KHAMPUR, NEW RANJIT NAGAR,
NEW
DELHI-110008
PH:
011-25700476, 25709565
Email : aidwacec@gmail.com, aidwa@rediffmail.com
Date:
11th May2012
PRESS RELEASE
AIDWA Press Statement on Bill for Protection of Women
against Sexual Harassment at the Workplace.
AIDWA welcomes the Union Cabinet’s approval of the Bill on
the Protection of Women from Sexual Harassment at the Work place, and the
inclusion of certain important demands such as bringing domestic workers within
its ambit. However, it is most unfortunate that the clause relating to so
called “false and malicious complaints,” which would make complainants
punishable, has been reportedly retained under the proposed law.
AIDWA reiterates that this is
totally against the Vishaka Judgment which had clearly stated that no action
should be taken against a woman for making a complaint. The proposed civil law
to deal with cases of sexual harassment is aimed at providing a conducive
atmosphere in which women victims come forth to make a complaint given the fact
that women employees are usually extremely hesitant to lodge a complaint for
fear of reprisal. Experience of dealing with cases as members of Complaint Committees
has shown that accusations of false complaints are routinely made against women
victims. Though in the proposed draft ‘mere inability to substantiate the
complaint or provide adequate proof’ has not been made punishable, this is not sufficient.
The fact that she can be proceeded against will hang like a Damocles’ sword
over the victim’s head. It would also be highly improper for the Complaints Committee
to pronounce judgment on this matter. AIDWA demands that this clause be
removed from the Bill forthwith. There are rules and laws to deal with false
statements and evidence-giving and these may be invoked when required, along
with provision for filing of suits for defamation.
In fact it is notable that while no
clear system of accountability of those responsible for acting on complaints of
sexual harassment is spelt out in the proposed law, a lot of effort has gone
into providing for an assumed scenario where the complainant is seen to be
functioning with mala fide intent. AIDWA challenges this assumption and urges
the government to address these concerns. The Bill must ensure that victims of
sexual harassment are able to access justice without fear of victimization.
Sd/- Sd/- Sd/-
Shyamali Gupta Sudha
Sundararaman Kirti Singh
(President) (Gen. Secretary, AIDWA ) (Legal
Convenor, AIDWA)
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