NCW plans to frame policy to combat gender based discrimination at workplace

NEW DELHI: Taking note of the complaints of gender based harassment that do not find redressal under the law against sexual harassment at the workplace, the National Commission for Women is planning to start work on putting in place a framework for a policy to deal with gender based discrimination at the workplace.
The very definition of “harassment” at workplace will be put through scrutiny as the NCW is gearing up to review the Prohibition and Redressal of Sexual Harassment at Workplace Act 2013 to make employers accountable to enforce the law.
These developments are significant as they come in the backdrop of the MeToo India campaign. One of the key issues for discussion at the consultation organised by NCW with stakeholders on Saturday was if it is posssible to define “the boudnaries of acceptable standard behaviour at the workplace” which may not come under the ambit of sexual harassment. “It is felt that a separate policy is required to deal with gender based discrimination as it does not come under the ambit of sexual harassment. Complaints from women who feel they have been denied a promotion or certain job opportunities because of their gender are an example of this kind of discrimination,” NCW chairperson Rekha Sharma said. However, there was a view that any policy of this kind will need to be backed by teeth to enable enforcement under law.
After the consultation attended by judges, lawyers and women activists working on gender and harassment, the Commission has decided to hold regional consultations to develop the framework for changes and then make recommendations to the government. Retired Supreme Court judge justice Sujata V Manohar who is responsible for writing up the Vishakha guidelines to ensure no working woman is subjected to sexual harassment in August 1997, asserted on bringing in “accountability” by amending the law. “If implementation is not happening, there is no doubt that amendments to the law are required and even structure of these internal committees and local complaints committees at the district level need to be scrutinised. Also we need to work definition of harassment,” Justice Manohar said.
On the MeToo India campaign, she said that the current law never visualised this kind of a situation where women would come up with cases that go back many years. She classified the MeToo movement as a “social movement” where the public pressure created by women coming out and sharing their stories was resulting in action as seen in some cases where alleged perpetrators were forced to resign. She for now sees these cases fitting into the social movement category and not convert to a “legal movement” as the complaints go back many many years in certain cases.
The NCW has recieved 4847 complaints of sexual harassment at workplace between 2000 to 2018 so far. In 2018 so far 849 complaints have been received. As a fallout of the Metoo India campaign since October, the NCW has received around 20 complaints. Around four complainants have withdrawn their complaints.