Wednesday, June 23, 2010

Protection of Women in Work-places

We live in a generation where man and woman are not in competition with each other. It might sound a little inappropriate as we have never really known the two sexes to be in a conflict, but I say this because for the past few centuries, man is always known to dominate the society, and women have been found to be suppressed, at least in most societies other then the matriarchal ones. It may be regarded like a situation where there was always a competition between the two genders, and man always won. Today, it has been accepted and is a norm that the competition has seized, and no one suppresses the other in any way. Well, is it true?

An ideal situation is never real. This is the tragedy of life in a way, but it is also true that blindfolded perspectives towards any issue are the worst forms of assessment of the real world. A mirage in the desert might seem a blessing, but it is not real. The previous paragraph is the same. It is true that society has moved forward, but it is untrue that the competition has seized. It is untrue that women are no more suppressed, no more traumatized, and have attained the same pedestal as men. They might have the matter in them, but somehow men have always been successful to keep them at bay from the glitter of equality or dominance. I clarify at the outset that I am not a feminist but a practical person who knows that in villages, a woman still has her veils covering her face when her husband comes home and tortures her. In some remote parts of the country, 'sati' is still not alien. These are truths that cannot be changed.

Well, this introduction was necessary for a reason. The oppression of women transcends boundaries of rural and urban life. One of the most prominent scenarios where such atrocities surface are with working women. I know of a person, rather my friend's elder sister, who was found dead in her office, and rumors had it that she was killed. She was a very bright student, and very successful professionally. Many such other cases surfaced over time, and it was felt that a gap in law existed where there was no effective legislation in place for the protection of working women. A PIL saw the doorstep of the Supreme Court, and the judgement saw guidelines come in place which are now the law for precautions and preventions that may be employed by women and employees for a better working environment for women. Most of us know about the judgement, but inhibitions seem to suggest that prejudice is created by the guidelines, and they are unnecessary. Well, I think its time the guidelines in place are understood.

1. Employers and other persons duty:
They are basically duty-bound to see to it that any form of sexual harassment does not happen in the workplace.

2. Definition if Sexual Harassment:
The judgement defines it as any for of advances of physical touch, requests for any sexual activity, pornography or any sexual comments.

3. Employers Steps for Preventing:
The employers are to make rules and regulations, and create an environment where the commission of sexual harassment can be optimally prevented.

4. Criminal Proceedings:
The Employers are duty bound to initiate criminal proceedings in case of such acts. The victims of such harassment have the right to demand either the transfer of the offender, or of their own.

5. Disciplinary Action:
In case of such complaints, disciplinary actions can also be taken.

6. Complaint Mechanism:
It is also the duty of the employer to create a complaint mechanism according to service rules or any other manner, where the victims have an efficient scheme in place to file complaints in case of such harassments.

7. Complaints Committee:
The judgement also calls for the establishment of a committee which would address such complaints. Such a committee would be headed by a Woman, and half of the members should also be women.

8. Where harassment is done by an outsider not employed in the concern, the employee must extend all support to the victim, in all possible manners.

These are the guidelines that were brought in force by the judgement, and have been the law since. It is indeed sad that the Parliament is yet to enact any legislation in this regard, but nonetheless, this judgement is the law till a legislation comes in force.

It is important for any female employee to know that she is entitled to such levels of protection, and that she cannot be subjected to any form of discrimination on the basis of her sex. It is also vital that women employees ascertain their rights in the proper manner, and pursue proper course of action in case any such unfortunate incidents surface.

Silence is never the answer, and more so in this century, silence is stupidity. A bold voice has always demanded respect, and it keeps on demanding the same, so it is important that we all stand up and hold our heads high, especially when we have the law in our side. Please know that women are not unprotected in any way, and it is only wise that the world realizes this at the earliest, and starts giving them the respect that they deserve. As for women, know what are made available to you by the law, and make sure that you utilise them to the maximum.

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