WHAT'S WRONG IN
"SEXUAL HARRESSMENT AT WORKPLACE LAW PROPOSAL 2007 "
By one of the biggest blogs on Sexual harassment LAW proposal 2007
http://indiatalking.com/blog/genderjustise/4946/
Gender_justise@yahoo.co.in
Supreme Court guidelines about sexual harassment at workplace, have been thrown to dustbin, by feminists at ministry of women and child development (WCD) , in making this LAW. Proposal. Still WCD is saying in press that the LAW proposal is made due to Supreme court guidelines .
COMMENTS
Commonsense says that details of cases both false and true should be made known to public, press and media. The LAW proposal says false complaints cannot be told, and only true complaints can be told to public, press and media. This gives one sided, biased picture to public, which is not the true picture, so not correct.
The LAW proposal is made by feminists deliberately to bind press by LAW, so that press can get one sided news only.
Supreme court guidelines do not bar telling about false or true complaints , os long as the identity is not disclosed to press etc.
EXACT LAW WORDINGS FOR REFERENCE ARE:
· "14. Notwithstanding anything contained in the Right to Information Act, 2005, the contents of the complaint made under sub-section (1) of section 7, the identity and addresses of the aggrieved woman, respondent and witnesses, any information relating to conciliation and enquiry proceedings, recommendations of the Committee or the Local Committee, as the case may be, and the action taken by the employer under the provisions of this Act shall not be published, communicated or made known to the public, press and media in any manner:
· Provided that information may be disseminated regarding the justice secured to any victim of sexual harassment under this Act without disclosing the identity and address of the aggrieved woman, respondent and witnesses.
"
COMMENTS
Impartial judges are not allowed as per new law proposal by radical feminists. Unbelievable but true.
The Law proposal practically says Judge Committee chairperson should be a woman, committed to the cause of women. Minimum 2 of judge committee members should be women who are committed to the cause of women. One member should be from an external organization committed to the cause of women.
The problem with this LAW proposal is, if you dare to tell the truth about a conflict telling both a man's and women's points, you will no longer be considered someone "committed to the cause of women" and so no longer satisfy the condition to become a judge. .
Feminists know that practically with already 4 members in the committee committed to the case of women, a company can at max put 3 men by law. Even if these 3 men disagree, the biased judges as required by LAW proposal will pass wrong judgments to keep post, power and money.
The committee constitution should be as per the SC guidelines, in which committed to the cause of women is not a precondition, only 50% or more members should be women is mentioned.
Also defination of external member should be as per supreme court guidelines i.e., a person who is from a NGO or other body , who is familiar with the issue of sexual harressment.
EXACT LAW WORDINGS FOR REFERENCE ARE:
(2) The Committee shall consist of the following members namely:-
(a) a Chairperson, from amongst employees, who shall be a senior level woman, committed to the cause of women. In case a senior level woman employee is not available, the Chairperson shall be appointed from a sister organization or a non-governmental organization;
(b) not less than two members from amongst employees committed to the cause of women or who have had experience in social work; and
(c) one member from amongst such non-governmental organizations or associations or other interests committed to the cause of women, as may be specified:
Provided that at least fifty per cent of the members so nominated shall be women.
"
COMMENTS
LAW proposal mainly says give money to the women complaining of sexual harassments at workplace, based on the income of man, and depending upon mental and emotional trouble caused to women. Giving money itself will encourage false complaints of sexual harassments. This is to increase number of false complaints of sexual harassment and hence more money for feminists. Presently a complaint of sexual harassment is taken seriously, with so many false complaints for money; even true complaints will also be seen with suspicion.
EXACT LAW WORDINGS FOR REFERENCE ARE:
13. (1) For the purpose of determining the compensation to be paid to the aggrieved woman under clause (b) of sub-section (3) of section 11, the Committee or the Local Committee, as the case may be, shall have regard to-
(a) the mental trauma, pain, suffering and emotional distress caused to the aggrieved woman;
(b) the loss in the career opportunity due to the incident of sexual harassment;
(c) medical expenses incurred by the victim for physical or psychiatric treatment;
(d) the income and financial status of the respondent;
(e) feasibility of such payment in lump sum or in installments.
*********************** For lots of more details refer to
http://indiatalking.com/blog/genderjustise/4946/ http://indiatalking.com/blog/genderjustise/4969/ http://www.498a.org/contents/Publicity/comments_on_sexual_harassment_bill_rakshak_v4.pdf
COMMENTS
How many found false and how many could not be proved, should also be mentioned. Specially as other parts of this LAW proposal says information on only cases found true can be disseminated.
EXACT WORDINGS OF LAW PROPOSAL SAYS:”
· 18. The Committee or the Local Committee, as the case may be, shall in each calendar year prepare, in such form and at such time as may be prescribed, an annual report and submit the same to the employer.
· 19. The employer shall include a section on the cases filed and judgments conferred under this Act in each annual report of his organization. "
COMMENTS
This looks OK in readings, the point is all this efforts is being made to hide the objectionable points i.e. the word “or otherwise “. Once this word " or otherwise " is written everything else that is said in this point is overwritten, i.e., physical or mental incapacity or death is not required to be put, complainant in case of a perfectly normal women can also be made by others. "As other person as may be prescribed" is also added so that objectionable part that was present in 2006 version can be put, i.e., any abroad funded women NGO can file a case on behalf of women, for NGO's monetary gains etc.
EXACT WORDINGS OF LAW PROPOSAL SAYS:”
· section 7: (2) Where the aggrieved woman is not able to make a complaint on account of her physical or mental incapacity or death or otherwise, her legal heir or such other person as may be prescribed may make a complaint under this section. "
The 2007 version has deliberately tried to leave following points unclear and what is written is mostly closer to 2006 version, so we have to understand these points from the 2006 version, as this is the intention still, with some efforts to hide the intentions.
COMMENTS
It is sick, why not put notice to encourage to file false sexual harassment cases on every door manufactured in India. This is blowing things out of proportion, trying to make people think see the problem is so much that hospitals have put notice on every Doctors door, without realizing that it is due to feminist’s law makers. This law will also give opportunity to hares hospitals for taking bribes, as it is difficult to follow all these type of stupid laws by companies and hospitals.
Recommendations: Delete these two lines.
EXACT WORDINGS OF LAW PROPOSAL SAYS:"
· 64. ...
· Make sure that written notices are put up at every doctor’s 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.
COMMENTS
It is a known practice to delay things by the complainants, if they have a false case, thus putting pressure on the defendant, especially in one sided women laws. The complainant should not be allowed to delay things and then when the defendant’s witnesses leave the company etc. she can torture the defendant by false cases in front of already women sympathetic laws and committees. So this Para should be deleted. The delay in filing is a relevant factor, and so saying by law that it is not a relevant factor is totally unacceptable.
Recommendations: Delete this Line; let the committees decide if delay in filing the complaint is relevant in appreciating evidence presented.
EXACT WORDINGS OF LAW PROPOSAL SAYS:"
· 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. "
COMMENTS
The word aggrieved women is cleverly 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 deliberate use of two different words at many places in the law looks as if it is evil intentions and distortions by feminist’s 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 defendant want to participate in this process. Also 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 committee, not one member chosen by the complainant.
Recommendations : Wordings should be "The Internal Complaints Committee or the Local Complaints Committee may if, and only if so requested by the aggrieved woman as well as the defendant, 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 choice of this person should be acceptable to both the complainant and the defendant. "
EXACT WORDINGS OF LAW PROPOSAL SAYS:"
· 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.
COMMENTS
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 defendant. 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 committees this right should be given only to the defendant men to save them from some of the feminists brainwashed committee members.
Or better do not give this right to challenge the mutual compromise reached under this law. The person should appeal in courts after this.
Recommendations: Change to “Once a compromise has been reached, the complainant or defendant can only challenge this in higher courts and not in the complaint's committee. "
EXACT WORDINGS OF LAW PROPOSAL SAYS:"
· 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.
COMMENTS
The heading should be more sensitive to men rights. It should be called
Recommendations: 50. Participation of petitioner and respondent (or Complainant and Defendant): -
EXACT WORDINGS OF LAW PROPOSAL SAYS:"
· 50. Participation of Complainant: - "
COMMENTS
The same rights should be given to the defendant
The complainant gets ample opportunity in starting, to explain the point of view in private to the committee members. The respondent should also be given this opportunity to explain his point of view in initial stages to the committee in private to give respondent a level playing field. Many times the respondent is not allowed to communicate the other point of view, in these types of committee’s as the complainant becomes hysterical on hearing the truth being told to the committee. Complainant sometimes also uses other deviation tactics by interrupting the respondent. Sometimes are proofs that the respondent may prefer to reveal to the complainant only after the complainant has made those false allegations.
Recommendations:
So line to be added is “The respondent should also be given the opportunity to explain his point of view in initial stages to the committee in private to give respondent a level playing field.”
EXACT WORDINGS OF LAW PROPOSAL SAYS:"
· (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. "
COMMENTS
The law is asking the Complaints committee without detailed inquiry and without listening to the respondent’s point of view asks the employer to reframe the charge sheet made by the employer's complaints committee according to the complainant’s views. What kind of absurd law is this, which clearly looks to be made by feminazi organizations, is clearly made for injustice and harassment of innocents by encouraging false complaints? The complainant's written complaint should be attached to the charge sheet made by the employer, so that both details are available to powerful committee. It is not clear, if in case of normal complaints committee for inquiry and charge sheet, we now have sexual harassment committee, why not sexual harassment committee makes the charge sheet also.
Recommendations:
The line should be deleted. Replaced with.
51 If the complainant or respondent is not satisfied with the charge sheet made by the departmental enquire, they can give in writing or verbal their point of view about the charge sheet to the complaints committee. Better still, sexual harassment complaints committee makes the charge sheet directly, after investigations.
EXACT WORDINGS OF LAW PROPOSAL SAYS:"
· 51. Framing of Charge sheet: If a complainant feels that a charge sheet issued to a defendant pursuant to the complainant’s 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 charge sheet accordingly. "
COMMENTS
Aggrieved woman is a wrong word, even before noting the facts of the case this assumption is wrong. May be the women is trying to torture the man by false case for revenge, or for blackmailing him, for money. The word should be complainant.
Recommendations: Replace with: "The name of the complainant or respondent shall not be referred to in any records of proceedings, or any orders or judgments given under this act.”
OR BETER STIL, Why not think on lines, if a person is involved in a sexual harassment complaint as complainant or respondent, the name should be allowed to be put on proceedings or orders or judgments. Just as a person accused of bribe, murder etc. the names are written on court records. Why start this new LAW practice for alleged crime which is like other crimes. This will lead to increase in false cases, so more money for radical feminists.
EXACT WORDINGS OF LAW PROPOSAL SAYS:"
· Exact wordings of LAW proposal are : "(2). The name of the aggrieved woman shall not be referred to in any records of proceedings, or any orders or Judgments given under this Act; "
COMMENTS
|