Everything under the sun is Sexual Harassment

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. 

Men's Rights Movement opposes the Sexual Harassment at Workplace Bill,
2010 as introduced in Lok Sabha today.  The bill is patently anti-men
and does not take into consideration the views raised by Men's Rights
Activist. The proposed Act is gender biased. It only takes into
consideration the grievances raised by women, and wholly ignores the
men victim of sexual harassment. 

The Women and Child Development Minister Krishna Tirath said the
objective was to enact a comprehensive legislation to provide safe,
secure and enabling environment free from all forms of sexual
harassment to every woman, irrespective of her age or employment
status. But, in effect, the bill is making "workplace" a dangerous
place for men to work. It is making workplace dangerous for men, as
any woman can file a sexual harassment complaint against a man without
any cause which will result in loss of reputation and loss of
livelihood. 

The definition of the proposed offence is so wide that almost anything
can be alleged as sexual harassment. It includes unwelcome sexual
behavior, sexually determined behavior, conduct which interfere with
work, humiliating conduct. These terms means different thing to
different people. After reading the definition of sexual harassment,
it is difficult to pin point if there is anything which is not sexual
harassment. Further, Even men face such humiliating and discriminatory
behavior at workplace. In view of this definition of sexual
harassment, there is no justification of making it a gender biased Act
against men. 

The proposed inquiry committee in the bill to inquire about the
complaint is baised per se. It is headed by a women committed to the
cause of women. It consists of women employees committed to the cause
of women, representative of NGO committed to the cause of women. If so
many members in the committee are committed to the cause of women,
such committee cannot be impartial in the inquiry against a man. We
fear that inquiry by such committee shall be prejudicial to men,
prejudicial to truth and prejudicial to justice. We demand that
inquiry committed must consists of people who are unbiased and
objective, who can examine the complaint in an unbiased manner. 

The proposed Act gives anonymity to the complainant, but no such
anonymity is being given to the man against who complained has been
filed. It will result in character assassination of man, defamation of
man and will result in grave prejudice to men. The provision of
punishment of false accuser is worded in such manner that false
accusation cannot be established in any case. Further, no provision
for complained by men against false complaint or intimidation of false
complaint has been provided in the bill. Further, there is no
provision for compensation for falsely accused man has been made in
the bill. 

Men's Rights Movement demands that to stop menace of sexual harassment
at workplace, a gender neutral bill be brought which provides for
unbiased and fair inquiry. The law must punishes the wrong doer, and
must also protect the innocent and compensate the innocent accused
adequately.
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