In a complete contrast, the same year, a bunch of women lawyers at the Supreme Court of India were struggling for implementation of guidelines laid down in the Vishaka judgment — a 16-year-old landmark ruling on sexual harassment at workplace.
The lawyers had asked the court to set up a committee to probe complaints of sexual harassment from female lawyers , on the lines of the court's 1997 judgment . The demand was made after a male lawyer was accused of physically abusing a female colleague and behaving indecently during a hearing before a registrar.
Over the past one year, not only a committee was set up to look into the complaints of sexual harassment against women lawyers, the guidelines in the Vishaka judgment also got crystallized in the form of Sexual Harassment at Workplace Bill, which was passed by Parliament last month.
While welcoming the step, women lawyers feel that it is still a long way to go before they achieve a gender-neutral workplace. "It took so many years for the government to act on it. It shows the lack of political will," said senior advocate Indu Malhotra.
In the Vishaka judgment, the top court had directed every establishment with more than 10 employees to set up a sexual harassment complaints committee headed by a woman and with women making up at least half of its members. "The guidelines are enough but it still remains unimplemented. I believe that issues at a workplace come under the labour laws and its implementation should also lie with the government. One has to ensure that a healthy working environment is provided to women in a very exploitative system," said lawyer Minakshi Lekhi.
Lawyer Pinky Anwand, who was one of the member of the committee set up by the Supreme Court Bar Association last year, also said such issues needed to be taken seriously. "Passing the sexual harassment at workplace bill is a major step and it will provide a proper recourse to the victim," she said.
WOMAN'S ACT
BILL HIGHLIGHTS
Sexual Harassment of Women at Workplace Bill, passed on Feb 26, 2013, seeks to protect women, including domestic helps and agricultural labourers, from sexual harassment at workplace
SALIENT FEATURES
Sexual harassment, to be covered under the law, includes any unwelcome physical, verbal or non-verbal conduct of sexual nature All workplaces to set up internal committee for redressal of such complaints Cases to be disposed of by in-house committees within 90 days, failing which penalty of 50,000 will be imposed Repeated non-compliance will lead to higher penalties and cancellation of licence or registration to conduct business It also has provisions for safeguard against false or malicious charges. However, failure to prove charges will not be construed as mala-fi de intention
Passing the sexual harassment at workplace bill is a major step and it will provide a proper recourse to the victim
Pinky Anand | SC LAWYER
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