7/29/2019 Sexual Harrasment law is an epitome of Fascist Gender law making in India

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The Honble President of India

Sub : Protection of women from sexual harassment is an text book example of fascist gender

law making in India . Please deny assent to Protection of women from sexual harassment bill

2012

Honourable Sir,

My letter is to express my very strong dissent and anger on the major scam and farce in

framing ofProtection of women from sexual harassment bill 2012. The blame of this farce lies

squarely on the Women and Child development ministry which arrogantly and blatantly

ignored legal recommendations, public opinion, press/media opinion, international regulations

and even common sense. The WCD sneaked in this law in in Loksabha amidst shouting against

coalgate scandals and getting it passed with no discussion or debate whatsoever.1

The RS

discussion scripts made it clear that the RS MPs had no clue of what sexual harassment really

is , what countries in world do to stop it a what the WCD bill contains any why is it so anti-male.

WCD minister arrogantly ignored the fact that Indian women can commit sexual assault but

cannot sexual harassment! WCD minister ignored the fundamental fact that sexual harassment

is a crime of power and not a crime of passion. Indian women can today can commit offences

and face punishment for sexual assault, rape, murder , kidnapping , forgery , but not sexual

harassment at workplace. This is utter nonsense.

WCD Minster ignored the fact despite point out that over 35 countries including USA , Austria,

Belgium, Cyprus, the Czech Republic, Denmark, Estonia, Finland, France, Germany, Hungary,

Ireland, Italy, Lithuania, Luxembourg, Malta, the Netherlands, Poland, Portugal, The Slovak

Republic, Slovenia, Spain, Sweden and the United Kingdom have policies for Sexual Harassment

that are gender neutral. Even Pakistan has a gender neutral sexual harassment law.

WCD minister has created an option for A Settlement in the law and this in Indian legal

system points towards only one thing. Payment of Money! Instead of appointing people who

have demonstrated a track record of high integrity and sound judicial approach, the bill rather

intends to appoint people who shall be committed to the cause of women. NGOs like Shakti

Vahini which are now being investigated by Delhi courts for tutoring women to file over scores

of false sexual cases against men ,2

will act as the judge, jury and executioner in the future in

sexual harassment cases. The law also creates a source of income for such dangerous NGOs.

WCD cunningly worded the law to exempt misusers from real punishment. If the statistics from

the Indian Government related to section 498a and Domestic Violence legislation is anything to

go by it is clear that Indian Gender laws are phenomenally misused in India to achieve ulterior

motives. However In section 12(1), the Sexual Harassment at Workplace Bill states that if a

complaint is found to be false, the committee may recommend to the employer or the District

Officer to take action against the woman or the person who has made the complaint. Or in

other words, the punishment for making a false Sexual Harassment in not mandatory but

discretionary and would depend on the recommendation of members of such NGO who sole

1http://www.ndtv.com/article/india/sexual-harassment-of-women-at-workplace-bill-passed-amidst-coal-gate-

chaos-262504

2http://www.indianexpress.com/news/case-against-ngo-for-forcing-woman-to-file-false-rape-case/1078735

7/29/2019 Sexual Harrasment law is an epitome of Fascist Gender law making in India

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selection to the committee was dependent on their level of being committed to the cause of

women. This will lead to misusers walking scot free in most cases and if at all punishment is

recommended it will be nothing more than a rap on the wrist.

WCD also included provisions so that news of misuse does not reach the media or the public.

Alarmed at the burgeoning reality of the misuse of section 498a and DV act this draft for the

Sexual Harassment at Workplace Bill has a unique approach to keeping the false cases under

wraps. Special provisions have been made in this bill so the RTI Act cannot be used to unearth

cases of false allegations and misuse of this legislation. Only cases which are genuine shall be

opened to the media and information seekers. This is another very ingenious attempt to

strangle the news of misuse itself since now the pubic will be exposed only to news of

successful cases and stories of false cases will be legally prevented from leaking. This will also

give complete deniability since now the Indian government will be able to say that since there

is no news of misuse at all in this law and consequently it is a very successful piece of

legislation.

When questioned on why the bill was not made gender neutral. WCD vide an RTI response

stated the below without having any facts and data to back their claims.

The overwhelming nature of sexual harassment is sexual harassment of women on account of

their female sex. Harassment of men cannot be put on the same footing character wise or

incidence wise.Protection of men is also not the mandate of Ministry of WCD.

However data gathering surveys recently conducted in corporate India by the Economic times,

and Synovate across 6 Indian cities exposed the fact that men face more sexual harassment

than women and must also be given protection. As part of this very credible and extensive

research 527 people queried in the survey across seven cities in the country -Bangalore,

Chennai, Delhi, Hyderabad, Kolkata, Mumbai and Pune.

a) Bangalore: - Half of who agreed that they have been sexually harassed at their workplacesaid they have been harassed by their female colleagues. Only 32% said that they were

harassed by Male colleagues.

b) Hyderabad: - 29% of said they have been sexually harassed by their female bosses while 48%

accused their male bosses.

c) Delhi: - Numbers are even, with 43% pointing a finger at their female colleagues and an equal

number accusing their male colleagues of sexual harassment.

d) 38% of the respondents agreed that in todays workplaces, even men are as vulnerable to sexual

harassment as women. In Hyderabad and Mumbai, 55% of the respondents agreed to this point.

e) Many of the corporate and PSUs, ET spoke to, agree to this new trend and point out that

many male employees do not come out in the open and file complaints because they feel they

will not be believed, considering Indias social beliefs. They usually seek a transfer to get out of

the situation or find a new job.

I hereby state that it leaves no doubt that the WCD minister has acted in a undemocratic

manner and ignored all facts , figures and data and has acted in a completely arrogant manner

demonstrating ministerial arrogance. I hereby demand that the law should NOT be provided

with presidential assent and must be sent back for review.