Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Bill, 2010 The Sexual Harassment of Women at Workplace

(Prevention, Prohibition and Redressal) Bill2010, which seeks to protect women, including domestic workers, from sexual harassment at workplace was passed in the Lok Sabha without discussion, as the House witnessed din and disruption over coal blocks allocation for the ninth day. According to the bill, piloted by Women and Child Development Minister Krishna Tirath, sexual harassment includes any unwelcome act or behaviour such as physical contact and advances, a demand or request for sexual favours or making sexually coloured remarks or showing pornography. The acts or behaviour direct or by implication, will also include any other physical, verbal or non-verbal conduct of a sexual nature. Non-compliance with the provisions of the law will be punishable with a fine of up to Rs 50,000. Repeated violations may lead to higher penalties and cancellation of licence or registration to do business. The bill defines domestic worker as a woman employed to do household work for remuneration. A Parliamentary Standing Committee, which examined the bill, held the firm view that preventive aspects had to be strictly in line with the Supreme Court guidelines in the 1997 Vishaka case. The judgment not only defines sexual harassment at workplace but also lays down guidelines for its prevention and disciplinary action. The bill makes it mandatory for all offices, hospitals, institutions and other workplaces to have an internal complaints redress mechanism. Vishaka Vs State of Rajasthan 1997 Vishaka case of sexual harassment at workplace is a case of landmark judgment by Supreme Court of India. Major aspect of the case is listed below.

Gender equality includes protection from sexual harassment and right to work with dignity as per our constitution. Extra hazard for a working woman compared her male colleague is clear violation of the fundamental rights of Gender Equality & Right to Life and Liberty. Safe working environment is fundamental right of working woman. In no way working women may be discriminated at workplace against male employees. (If a woman is, then it must be documented in company policies, for example limitation of women in police and armed forces) Working with full dignity is the fundamental right of working women. The right to work as an inalienable right of all working women The right to protection of health and to safety in working conditions, including the safeguarding of the function of reproduction(pregnancy, maternity & nursing etc) is fundamental right of working women

Following can be termed as a Sexual Harassment:

Anything at work that can place the working woman at disadvantage compared to other male employees in her official career just because she is a woman can be termed as sexual harassment Unwelcome sexually determined behaviour & demands from males employees at workplace: o any physical contacts and advances o sexually colored remarks o showing pornography o passing lewd comments or gestures o sexual demands by any means Any roumors/talk at workplace with sexually colored remarks about a working woman. Even spreading rumour about a womans sexual relationship with anybody