ByRAJESH VAKHARIA : Under the proposed Sexual Harassment at Workplace Bill, 2010; everything a women say is a sexual harassment. After reading the definition of sexual harassment, I as an Advocate could not find an allegation which can said to be not sexual harassment.
The terms Sexual Harassment has been defined in Section 2(m) of the Act, read with Section 3, which reads as,
Section 2(m): ”sexual harassment” includes such unwelcome sexually determined behaviour(whether directly or by implication) as—(i) physical contact and advances; or(ii) a demand or request for sexual favours; or(iii) sexually coloured remarks; or(iv) showing pornography; or(v) any other unwelcome physical, verbal or non-verbal conduct of sexualnature;
Section 3 reads as,
3. No woman shall be subjected to sexual harassment at any workplace which mayinclude, but is not limited to—(i) implied or overt promise of preferential treatment in her employment; or(ii) implied or overt threat of detrimental treatment in her employment; or(iii) implied or overt threat about her present or future employment status; or(iv) conduct of any person which interferes with her work or creates anintimidating or offensive or hostile work environment for her; or(v) humiliating conduct constituting health and safety problems for her.
After reading this I was just thinking if there is anything which is not Sexual Harassment. “IF A WOMEN ALLEGES THAT A PARTICULAR MAN LOOKED AT ME IN THIS WAY, is it a sexual harassment? YES. The man can be dismissed for it.This Act is making workplace DANGEROUS for men.
We have to understand that once a complaint is filed, it will enquired by a committee consisting of women, “committed to the cause of women”. Every man can guess the result of such inquiry by complain committee. After such inquiry, dismissal from service is a mere formality.
After enactment of this Act, every man shall be working at a place at the “mercy” of women employee. Any women employee can get any man dismissed at any time, for any allegations. Everything under the sun is sexual harassment.