Sexual HarrassmentThe much awaited Sexual Harassment Bill is rough and ready to sail all the way through the stormy parliament this monsoon session. Put in order by the National Commission for Women, the statutory body for championing the causes of the women, the comprehensive legislation has been evaluated by the Ministry of Human Resource Development and the Department of Women and Child Development. It is now open for public reviews.

Warts and all, the Bill that has seen broad and liberal amendments and at some particular points, value additions is now a comprehensive legislation which does guarantee some ointment for womanly bruises.

The passage of the Bill would mark a significant accomplishment towards the empowerment of the half of India; so far been left dominated, demoralized and subjugated and potential unrealized.

It may be a little late; however, it is coming at a time when needed the most. Sexual harassment of women is growing in India. As the Indian culture inculcates a tolerant attitude in women towards injustice and inequality they prefer not to open their mouth.

And that our society attaches a social stigma and taboo to amorous things, women are discouraged who prefer to keep their lips tightly sealed. Absence of an unambiguous and powerful mechanism to fight unwanted sexual advances is a further dissuasion.

With increasing victimization of the half potential of the country it is essential that an effective deterrent be created so that our mothers and sisters live with no fear in mind and throw in much needed contribution for the development of the country.

The Bill on “Protection of Women against Sexual Harassment at workplace” was prepared after hard struggles by women rights groups as replacement to vague Vishakha Guidelines. The super sensitive Bill has absorbed a wide range of recommendations and makes an all out effort to ensure prompt justice to the aggrieved women. Through a new clause it has brought students, research scholars, patients and women in the unorganized sector under its ambit.

In most of the sexual harassment cases generally power players are involved. Their buoyant confidence bolstered by the hiring and firing power and a sense of unimpeachability that they enjoy, such beasts breach every norm of common morality and decency in stroking their carnal urges. They prefer to employ pretty women and ogle at them like a predator at a powerless prey.

They feel a sense of achievement parading their masculinity keeping few women at an arms length ‘round the clock’ and exploiting them much like the English felt by harassing defenseless poor Indian revolutionaries.

Embroiled in the issue of sexual harassment, women have only two options: either to compromise with their integrity and self values or to leave the company. That the option to report the abuse is a distant one, in the absence of an effective mechanism, women feel a fish out of water. After all if they do not patch up with the bull they cannot continue working as before. In its wake, the Bill should make straightforward and easy provisions for compensation and make sure compensations are large enough.

It should also lay out clear guidelines for cross examination of women making sure that, regardless of their personal and sexual life and history, their privacy is not ravaged.

The issue is complex and the legislation sensitive. With shocking evidences of physical exploitations of male employees by female bosses, by the way also growing, some male rights organizations are trying to crave a space in the legislation to protect their interests.

In a country where uncomplicated laws i.e. the Prohibition of Smoking in Public Places Rules, 2008, Prohibition of Child Marriage Act, and Child Labour Act have failed to facilitate a substantial improvement, it is doubtful that a super sensitive and intricate law like the “Law against Sexual Harassment of Women at workplaces” would result into anything but chaos and confusion.

It’s nice that we have taken cognizance of the need to protect women. However much like a barrier per se can not check infiltration, a deterrent cannot –– to the much needed extent at least –– check sexual harassment of women.  

It calls for more substantiated and concerted efforts, it calls for the liberation of minds, and it calls for the emancipation from ghetto mentality. It is all about mindsets.

We are a civilized society; notwithstanding patriarchal in nature we make sure our women are ensconced. So that they do not fall over we make sure they do not learn how to walk. Under the hollow assurance of protecting them from outside wraths we conscientiously confine them to domestic violence.

Unlike in developed countries, our women have not enjoyed the freedom our civilized constitution has granted them. They live in a world where unknown hands grapple them day and night, unfamiliar predatory eyes ogle them, unknown shades chase them wherever they go, and unwelcome comments greet them in villages and cities alike.

The real remedy of the problem lies not in enacting a law against sexual harassment, even as it promises some hopes, but more exactly in collectively challenging the age old unfairness, injustice, and mistreatment and misunderstanding deeply entrenched in our societal system. 

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The writer is a journalist in Jharkhand.