Gender Justice
Thursday, March 15, 2007 - 5. Etc. wrongs "Sexual harressment at workplace" proposed LAW
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ETC. wrongs in Sexual harressment at workplace bill proposal, by Ministry of women and child development.
64. Complainant/Witnesses/Supporters not be penalized:- If a complaint of sexual harassment is dismissed by a Complaints Committee under this Act, no action whatsoever (including the recovery of any costs involved in investigating / enquiring into the complaint) may be taken in regard to the same against the complainant/witnesses/supporters by the employer.
Wrong : For serios criminal false complaints penalizations and punishment should be there. Remove this line.
a) Make sure that written notices are put up at every doctors room, the reception and the dormitories explaining the mechanism of the complaints committee and encouraging people to file their grievances in relation to Sexual Harassment.
b) Inform all patients and family members about their rights to be free from sexual harassment.
It is sick, why not put notice to encourage to file false sexual harresment cases on every door manufactured in India.This is blowing things out of proportion , trying to make people think see the problem is soo much that hospitals have put notice on every Docters door, without realizing that it is due to feminists law makers. This law will also give opportunity to haress hospitals for taking bribes, as it is difficult to follow all these type of stupid laws by companies and hospitals.
Delete above two lines.
59. Delay in Filing the Complaint:- Any perceived delay in filing a complaint under this Act, by itself, shall not be a relevant factor in deciding the veracity of the complaint or in appreciating evidence presented.
It is a known practice to delay things by the complainants, if they have a false case, thus putting pressure on the defendent, specially in one sided women laws. The complainant should not be allowed to delay things and then when the defendents witnesses leave the company etc. she can torture the defendent by false cases in front of already women sympathetic laws and commetees. So the above para should be deleted. The delay in filing is a relevant facter, and so saying by law that it is not a relevant facter is totally unacceptable.
Delete this Line, let the committees deside if delay in filing the complaint is relevant in appreciating evidence presented.
PROCEDURE IN CASE OF COMPLAINT
The Internal Complaints Committee or the Local Complaints Committee may if, and only if so requested by the aggrieved woman, try to resolve the matter informally by intervening and thereby permitting the parties to resolve the matter mutually before the commencement of the formal enquiry proceedings referred to in section 49. The person to carry out the Dispute Resolution Process shall be chosen from the Internal Complaints Committee by the aggrieved woman.
The word aggrieved women is cleaverly used in points where the law proposed wordings want to give special unequal powers to the complainant, and used the word complainant at other places. This delibrate use of two different words at many places in the law, looks as if it is evel intentions and distortions by feminists drafters of law, who want wrong laws, which many think will harm everyone. The word aggrieved women at all places in this proposal should be replaced by complainant.
The opportunity of informal intervention should be given only if both complainant and defendent want to participate in this process. Also the the person chosen should be acceptable to both parties and not just to the women as suggested, this is a basic requirement for any person doing dispute resolution in any kind of dispute. It is seen that crime against women cells and NCW are places the wife's use to polish the false allegations, this is not good for justice. We want the false complainant to do mistake, as false things can be revealed by mistakes, in front of full complaints commitee, not one member chosen by the complainant.
The Internal Complaints Committee or the Local Complaints Committee may if, and only if so requested by the aggrieved woman as well as the defendent, try to resolve the matter informally by intervening and thereby permitting the parties to resolve the matter mutually before the commencement of the formal enquiry proceedings referred to in section 49. The person to carry out the Dispute Resolution Process shall be chosen from the Internal Complaints Committee, the chioce of this person should be acceptable to both the complainant and the defendant.
4). Notwithstanding what is stated in sub-section (2) and (3) above, the aggrieved woman shall have the right to withdraw from any Dispute Resolution process undertaken under this section, or to challenge any settlement on the ground that her consent for the settlement was obtained by force, fraud, coercion or undue influence or on the ground that the terms of settlement have been breached.
It is surprising and wrong that this right to challenge any mutually agreed settlement reached is given to only the complainant and not to the defendent . It is common experience that feminist members of national commission for women and crime against women cells give too much threats to men of torture, jail today itself, by false cases. So this right to challenge the agreement reached should not be given to women as she do not need this in these types of commitees this right should be given only to the defendent men to save them from some of the feminists brainwashed commitee members.
Or better do not give this right to challenge the mutual compromise reached under this law. The person should apeal in courts after this.
Change to
Once a compromise has been reached, the complainant or defendent can only challenge this in higher courts and not in the complaint's commitee.
50. Participation of Complainant: -
The heading should be more sensitve to men rights. It should be called 50. Participation of petiioner and respondent (or Complainant and Defendent) : -
(1). Notwithstanding anything contained in any law for the time being in force, the complainant and her representative shall have the right to remain present throughout the enquiry proceedings, to lead evidence and produce witnesses and to cross examine the defendant and any witnesses produced by him.
The same rights should be given to the defendent
The complainant gets ample opportunity in starting, to explain the point of view in private to the commete members. The respondant should also be given this opportunity to expain his point of view in initial stages to the commitee in private to give respondent a level playing field. Many times the respondant is not allowed to communicate the other point of view, in these types of commitee's as the complainant becomes hysterical on hearing the truth being told to the commitee. Complainant sometimes also use other deviation tactics by interrupting the respondent. Somethings are proofs that the respondant may prefer to reveal to the complainant only after the complainant has made those false allegations. So line to be added is
The respondant should also be given the opportunity to expain his point of view in initial stages to the commitee in private to give respondent a level playing field.
51. Framing of Charge sheet: If a complainant feels that a charge sheet issued to a defendant pursuant to the complainants complaint of sexual harassment does not fully or properly deal with the allegations leveled in her complaint, she can bring the same to the notice of the Complaints Committee, which shall inform the employer of the same and request the employer to reframe the chargesheet accordingly.
The law is asking the Complaints commitee without detailed inquery and without listening to the respondents point of view asks the employer to reframe the chargesheet made by the employer's complaints commitee according to the complainants views. What kind of absurd law is this which clearly looks to be made by feminazi organizations, is clearly made for injustice and harresment of innocents by incouraging false complaints. The complainant's writen complaint should be attached to the chargesheet made by the employer, so that both details are available to powerful committee.
The line should be deleted. Replaced with.
51 If the complainant or respondent is not satisfied with the chargesheet made by the departemental enquiray, they can give in writing or verbal their point of view about the chargesheet to the complaints commitee.
(2). The name of the aggrieved woman shall not be referred to in any records of proceedings, or any orders or Judgements given under this Act;
aggrieved woman is a wrong word, even before noting the facts of the case this assumtion is wrong. May be the women is trying to torture the man by false case for blackmailing him. The word should be complainant.
(3). The name of the aggrieved woman nor her identity shall be revealed by the press / media or any other persons whilst reporting any proceedings, case, order or Judgement under this Act.
Most women who file false charges of sexual harresment to get advantage in any difference of openion do this not once but multiple times. It is better to let the records show that she had filed false sexual harresment cases before also. It is unfair to say if a women has filed 4 sexual harressment complaints before that is not a relevant thing, but law says if a man has ever faced a complaint of sexual whether found true or not, that is relevant as per this law.
60. Appeals Against Decisions / Reports of Complaints Committees:- (1). Any defendant aggrieved by a decision/ action taken by his employer following an enquiry instituted under this Act, may challenge the same before the court / forum to which he is ordinarily entitled to approach to challenge any decision of the management taken against him in respect of any misconduct.
Defendent should have the option to complaint to the same forumns as the complainant women, so this is wrong.
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