Women groups are really at it.

They are working more aggressively when they realized that now people arent blindly accepting their legal provision to protect womens so-called rights. People are now opposing their biased laws. Their deception is exposed now. Women groups have already made a perfect formula in the name of IPC 498A and Domestic Violence Bill to ruin Indian families, and now they have their sight on the corporate world. They have shown to the people that womens so-called rights are all about violation of fundamental rights of men. IPC 498A is rampantly misused, Domestic Violence Bill is open to heavy misuse and this sexual harassment at workplace law, too is composed in a manner appropriate for misuse. Women groups are not interested in protecting actual victims; they want to harass men legally. The new Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Bill, 2006 has a very striking similarity with IPC 498A and Domestic Violence Bill. All the three laws are extremely biased. It writes, Whereas sexual harassment infringes the Fundamental Right of a woman to gender equality under Article 14 of the Constitution of India. Women groups dont consider men being the holder of the same rights to gender equality under Article 14 of the Constitution of India, and that is why they have no included men as aggrieved person. Only women can complain against sexual harassment. Even if a man is sexually harassed by a woman, he has no right to complain. If women groups argue about the number of cases then in that case in foreign countries, men too are given legal protection under sexual harassment at workplace laws because men too are sexually harassed in large number if lesser compared to women. It seems that women groups follow this theory: if 49 men suffer and 50 women suffer, legal protection should be given to only women. Aggrieved person can only be a woman. A man cant complain if he is sexually harassed. Is it not over-generalization in saying that no man in the entire country will ever get sexually harassed by a woman? Are men not sexually seduced by a woman at workplace, then why that is not termed a form of sexual harassment? We all know that a womans ways of sexually seducing a man is extremely subtle and they are fairly good at denying it. Women tend to dress and move her body in a manner to excite sexual feelings in men, which has never been considered as sexual harassment. Aggrieved female could be major or minor according to this law. Which company would hire a minor girl? Besides, child labour is already banned in the country and so there is no question of seeing a minor girl working in a company instead of studying. And if there will be minor girls working; then is it not important to properly implement anti-child labour laws? This law also protects domestic servants. Yes, a domestic servant can easily blackmail her employer for money. Sexual Harassment defined as is such unwelcome sexually determined behaviour such as physical contact, advances, sexually coloured remarks, showing pornography or making sexual demands, whether verbal, textual, graphic or electronic or by any other actions, which may contain: 1) Implied or overt promise of preferential treatment in that employees employment or 2) An implied or overt threat of detrimental treatment in that employee employment or an implied or overt threat about the present or future employment status of that employee and includes the creation of hostile working environment. 3) The conduct interferes with an employees work or creates an intimidating, hostile or offensive work environment. 4) Such conduct can be humiliating and may constitute a health and safety problem. Loopholes: What is the difference between welcome and unwelcome? Does that mean a welcome sexual behaviour is acceptable at a workplace? This law is accepting that women do have the tendency to welcome sexual behaviour and that it is alright at workplace. Are women coming to the workplace to work or welcome sexual behaviour? Who decides whether a particular sexual behaviour was welcomed or unwelcomed by a woman? Maybe a sexual behaviour was welcomed by a woman but later she denied it. Is it not possible that she made the man believe that she is welcoming his sexual behaviour only to accuse him later under this Act? Women will put the bait and this law will trap an innocent man easily. What is physical contact? Handshake is a physical contact. Is that sexual harassment? What if a man casually touched a womans hand and the woman misinterpreted as a sexual harassment? Colleagues are friends, too. Besides, male models too are victims of casting couch. What about them? It seems that women groups have nohttp://en.wikipedia.org/wiki/Aitraaz if a man is sexually harassed by a woman. Workplace means any department/organization, establishment or undertaking wholly or substantially controlled by the Central Government or the state Government or local or other authority under the control of the central or state government. Loopholes: Does this mean that after the 33% women reservation in Parliament is passed, a female member can accuse a male member of the parliament of sexual harassment? This will be interesting. Politicians were too curious to approve all legal proposals of women for vote-bank and now it seems these politicians will face the consequences of their own misdeeds. In other cases where an employer-employee relationship does not exist- it shall be the duty of the head of the professional body or institute to ensure that 1) No student or any person seeking admission to any such institution / professional body or a client is subjected to sexual harassment. Loopholes: What if a female student threatens a professor that if he doesnt give her admission/distinction in some subject, then she will accuse him of sexual harassment? Will he not comply with this female students demands? He will. Besides, if students too are taken into consideration, then in that case, boys too are sexually harassed and abused. Why that is not a concern for these women groups? After all it is Ministry for Women and Child Development. Child is not just girls. In foreign countries too, boys are sexually abused by their female teachers, elder sisters, babysitters and other female relatives of the family. If modern people are following the US Culture, then is it not possible that such incidents will be happening here, too? Incest is extremely private and no survey can give a true statistical picture and therefore considering only female as victims is grossly mistaken. Moreover, a boy faces much more traumatic experience than girls after he is sexually abused by someone he trusts because the society does not recognize the truth that a female can sexually abuse a male. A boy will never come out and complain of being sexually abused by someone because it is always the girls who are taught to speak up.http://www.sasian.org/papers/boysngirls.htm. Last year, an Indian origin, Lina Sinha, working as a teacher in US was convicted of sexually abusing a minor male student. There are hundreds of cases coming up each year of similar nature. Refusing to protect males is only revealing their deception. Compensation will be awarded to the person aggrieved by the appropriate court or forum after determining the following factors: 1) The mental trauma, pain, suffering and emotional distress caused to the person aggrieved; 2) The loss in career opportunities due to this particular incident; 3) Medical expenses incurred by the victim for physical or psychiatric help; 4) The income and financial status of the defendant. Loopholes: What if the income and financial status of the defendant is extremely poor? This implies that the woman will accuse somebody who has reasonable income and good financial status. Poor men will not be accused. Only middle-class and upper-middle-class people will be

targeted. Internal Complaint Committee shall consists not be less than three members. The committee shall be headed by a woman, who shall be its chairperson. Not less than half of its members shall be women. All the members of the committee should be neutral and unbiased. Loopholes: The belief that only a woman can understand another woman is itself negative and biased. What if a woman is filing a false complaint? Will the women in the committee remain biased or give a truthful judgment? What if a man is victimized legally with a false complaint of a woman? Will this biased committee do justice to the man or will stick to giving the woman whatever she wants from him. A man is better equipped to do justice in a case where a man is falsely accused and that is why men are deliberately not given the power to decide. Who may file a complaint. 1) An aggrieved woman, 2) In case of death of the aggrieved woman, her legal heir or representative, 3) In case of more than one aggrieved woman, all of any one of more of them on behalf of herself and others, 4) with authorization/written consent on behalf of persons covered by clauses (i)(ii) and (iii) above: (a) A registered trade union, (b) A womens organization or an non-governmental organization, (c) a co-employee May file the complaint on behalf of the complaint in so far it relates to initiating the action under the provision of this Act. Loopholes: Why a woman should be allowed to complaint on behalf of an aggrieved woman? This provision is clearly vindictive in nature. Bringing a womens organization into the complaint process will strengthen a false case. Who could face death out of a sexual harassment at workplace? Why such a provision is given into this Act? Rules of Evidence. In particular, in conducting such an enquiry, the Enquiry Committee: 1) Shall be sensitive to the covert private and insidious nature of the sexual harassment and shall take into account that often the aggrieved woman may not be able to lead direct or corroborative evidence. 2) Shall not permit any evidence or examination based on the aggrieved womans character, personal life, and conduct personal and sexual history. 3) Shall take note of the respective socio-economic positions of the parties, their hierarchy in the respective organizations/workplace, the employer-employee equations and the power differences while appreciating the evidence. 4) Shall, inform the alleged victim of sexual harassment, that she may give her evidence in writing provided that she makes herself available for examination by the defendant on the same, unless the alleged victim of sexual harassment opts to give her evidence orally. 5) May disallow any questions desired to be put by the defendant to the aggrieved woman which it feels are derogatory, irrelevant or slanderous to her. 6) Shall inform the alleged victim of sexual harassment, that she may give her answers to questions of a sensitive nature in writing immediately in the enquiry proceedings during cross examination. Loopholes: This means that even if a woman has insufficient evidence to prove her allegation, her statement will be, by default, considered genuine. Is this provision not giving powers to a woman to accuse anybody she like because she is not expected to give sufficient evidence? Will this provision not make men vulnerable to get falsely accused? Yes. What if the genuineness of the case can be understood only after referring to the aggrieved womans character, personal life and conduct, personal and sexual history? By disallowing, this provision is violating fundamental rights of men to defend himself and is against judicial principles. This provision is protecting a false case filed by a woman. This provision also proves that this Act is not worried if an innocent man is falsely convicted. Points like Socio-economic position of the parties, organizational hierarchy and power difference are only a means to give more credibility to a womans complaint because rarely a man would attempt to sexually harass his female superior. This is totally biased provision and unnecessary and is trying to manipulate the reader of this provision. Bringing these points to the mind, this provision is, in a way, directing the Committee and the employer in support of the complainant and against the accused before enquiry. It is bias. Any questions asked by the defendant to the aggrieved woman, that will reveal the falsity of the complaint will obviously be considered by the aggrieved woman as derogatory, irrelevant and slanderous even if it is not. Will she not term the defendants questions as derogatory, irrelevant and slanderous in order to protect her false case? She will. The committee should be concerned with giving justice and not think how a woman will protect her false case. A written statement alone cannot be considered as evidence in any legal procedure. This is biased. Power to issue interim orders. The committee shall have the power to issue appropriate interim orders directing the employer, on the demand of either the complainant or any witness giving evidence in her support, to implement such measures as transfer, changing shifts etc. Loopholes: How can the Committee on the demand of the aggrieved woman issue orders to the employer to give evidence in her support? Employer has the right to give genuine evidence, which may support the aggrieved woman or the defendant. The committee has no right to violate the rights of the employer only to strengthen the case even if the case be false. Actions to be taken after enquiry. (5) No person accused of an act of sexual harassment under this Act shall be part of the decision making process referred to in this section. Loopholes: Then how come the aggrieved woman is part of the decision making process? The aggrieved woman has been given too much power to direct the judgment in her favour from the beginning of the complaint till the verdict. This is bias. Complainant not penalized . If a complaint of sexual harassment is dismissed by a Complaints Committee under this Act, no action whatsoever (including recovery of any costs involved in investigating / enquiring into the complaint) may be taken in regard to the same against the complaint/witness/supporters by the employer. Loopholes: When a complaint is dismissed by the committee after thorough investigation and enquiry, it is understood that the complaint was false and frivolous. When this Act is providing biased provision to women where the complaint is considered genuine even after insufficient evidence given by the woman, it becomes clear that the complaint was false. Not penalizing a false complainant is directly encouraging others to misuse this biased law even further. Penalizing a false complaint will prevent women to file false cases against an innocent man. Not penalizing the woman proves that misuse of this law is bound to happen but still the woman will remain protected under this Act. The woman will not be penalized for an attempt to destroy a mans reputation and his career. This provision refuses to acknowledge the traumatic experience of an innocent man who was about to get falsely implicated. This is bias.

Prohibition against victimization . (1) No person (woman) shall be victimized for anything said or done in relation to any complaints or proceeding under the Act. (2) A person victimizes another person if the person subjects the other person or threatens to subject the other person to any detriment in connection with employment or recruitment or promotion because such person. (i) Has brought proceedings under this Act against any person, (ii) the other person associates with the complainants, (iii) Has otherwise done anything in accordance with this Act in relation to any person. Loopholes: Even after filing a false complaint against an innocent, neither employer nor anybody else can do anything. A woman should not be victimized by the employer after she has victimized an innocent man using this biased law. The man who is falsely accused is not considered victimized by the false complainant. His career is ruined but still he is not considered a victim of a false allegation. His reputation in the company is destroyed but he is not considered a victim of a false allegation. This law is protecting the woman who made a false allegation to ruin an innocent mans career. The employer has the right to terminate the woman for trying to damage an innocent mans reputation and career. The Committee should have no power to govern the decision of the company.

No court fees payable : Where an aggrieved woman institutes any suit or legal proceedings in a civil court in respect of an act of sexual harassment which in unlawful under this act, no court fees will be payable by the woman. Loopholes: Public money collected as tax is expended in court fees for women who will be filing false complaints of sexual harassment to earn money. The actual victim, man, who is falsely accused, will have to pay the court fees. Why the court fees are exempted for women? This is unnecessary and bias. IPC 498A is heavily misused. Domestic Violence will be rampantly misused. And Sexual Harassment at workplace laws too will be misused. All women protective laws are getting misused. Maybe the law itself is deliberately made biased so that it is misused. Women are given so much unnecessary credibility that a man accused is presumed guilty until proven innocent, which has not yet opened the eyes of the Supreme Court that this is violation of judicial principles as well as violation of fundamental rights of men. All these laws are enacted to protect the so-called rights of women is all fake. From no perspective these laws can be termed as protectors of womens so-called rights. These laws are giving unnatural powers to women to harass, victimize, and blackmail men with the help of these laws. Now it is high time. We have tolerated enough. Enough biased laws are been enacted and enough numbers of families and men are legally tortured. Now no more womens rights issues should be entertained in the country. Radical feminists have lost their minds. Dont allow them to ruin Indian families and now Indian Corporate World. This is getting too much. More and more men are committing suicide and are taking decisions to remain single. They cant take the risk of getting married and see a woman powerful enough to legally torture him and his parents, get him arrested on a false complaint and leave him bankrupt. Now men are fearful that if such biased laws will govern the corporate world, too, then where will they go? There is no safe place for men now in the country. Is this what gender equality is all about? It is no longer a secret that women groups are deceptively trying to get biased laws approved by the Government to legally harass and torture men under the name of womens so-called rights. These arent womens rights. Women are been given extraordinary powers with such biased laws. attribution http://www.citehr.com/18649-sexual-harassment-workplace-laws-loopholes.html#ixzz2cymuZoQN

Indias new Sexual Harassment at Workplace law

The Protection of Women Against Sexual Harassment at Work Place Bill (Act) has been passed in the Rajya Sabha (Upper House of the Parliament of India) recently and has become law. This Act deals with protecting women from harassment in the workplace and providing a safe environment. Let us now analyze the provisions of the Act in detail -

1.
2.

This Act is not gender neutral as only women can file a complaint. No man can file a sexual harassment complaint. Are men not harassed sexually? Do refer to the links here, here, here and here. As per section 2(o), the definition of workplace includes any place visited by the employee arising out of or during the course of employment including transportation provided by the employer for undertaking such journey. Therefore as per this definition even areas outside the control of the employer such as office of clients, taxis, hotels etc become a workplace. Therefore, during an official tour the place of stay (ie hotel), travel mode (ie. taxi) and office of customers / clients are all included as workplace and the employer is liable if any incident happens with the woman employee . Quite a strange provision as the employer is not responsible and in control of any of these places. Section 3 defines sexual harassment containing clauses such as implied or explicit threat about her present or future employment status and interferes with her work or creating an intimidating or offensive or hostile work environment for her. Therefore bringing out quality issues with the womans work or providing / enforcing deadlines may be construed as threatening her future employment status or creating an offensive work environment. A committee needs to be formed which will look at all sexual harassment cases. The committee needs to have A woman Presiding officer committed to the cause of women[i] and minimum 2 other employees committed to the cause of women. What does it

3.

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mean by committed to the cause of women. Further, a member has to be from a women NGO and a majority of the members of the committee must be women. By defining the constitution of the committee in such a way, at the very first step itself bias has been introduced. Having a committee which is specifically formed to promote women specific-causes is coloured. How do we expect justice to be served by such a committee? 5. Section 10 discusses the complaint handling provisions. First, a settlement with the offender would be tried to be achieved. A question: if the woman was sexually harassed, why does she need to reconcile with the offender? This is a point to ponder. Section 11 states that the committees shall have the same powers as vested in a civil court. A point to be noted here is that none of the members of the committee are required to have legal knowledge or be legal professionals. Providing powers of a court to persons having no legal knowledge is strange. As per section 12, during the pendency of the complaint the aggrieved woman may request for

6.

7.

o o

transfer to another workplace a paid leave, further, this leave is over and above the Privilege Leave grated by the organization. On the face of it, the provisions seem logical, but there are no misuse clauses mentioned in the Act, which will be discussed further.

Therefore, without a misuse clause this provision is unjust on the employer as the organization may need to give paid leave if a complaint is made. 8. As per section 13, in case sexual harassment is proved any one of the following provisions may apply o Organization may take action for sexual harassment as per the service rules

Deduct a compensation from the salary of the accused employee and the compensation may be recovered as land revenue from the accused employee.

Quite a strange way to penalize sexual misconduct by providing Compensation to the alleged victim It does not gel well with my senses. 9. Section 14 states that in case of false complaints (which are backed by forged documents submitted by the complainant or a malicious intent, which needs to be proved) an action will be taken as per the service rules of the organization. Further, it states, if the complaint cannot be substantiated, it will not attract any action. This is an unfair provision as only such false cases which are coupled with forged documents or proving malicious intent attracts penalties. With just one complaint the whole life of the man is ruined, the woman gets immediate relief as mentioned in paragraph 6 above but no particular penalty is prescribed for false complaints. Non-proving of complaint may imply that a frivolous compliant was filed. How is this provision Just and Fair? Section 15 determines the level of compensation to be paid to the woman which depends on

10.

o o o o o

The mental trauma, pain, suffering and emotional distress caused to her The loss in the career opportunity due to the incident of sexual harassment Medical expenses incurred by the victim for physical or psychiatric treatment The income and financial status of the respondent (Respondent is the person who supposedly commits the harassment) Feasibility of such payment in lump sum or in installments

The fourth point above means that if the harasser is a wealthy person, then the compensation level will be higher In other words, compensation level is determined by the income level of the accused. Something does not seem right, does it give an incentive to a accuse wealthy / senior level employees?

11. As per section 16, the complaints handled by this Act is specifically kept outside the purview of Right to Information (RTI)
Act. Therefore, details of false / fabricated cases will not be available. Further, even in case of false complaints, the identity of the woman will be not be disclosed but the man is open to media trials and his information may be made public. Further, in case of genuine cases, the details may be made public provided the identity of the woman is protected. There are many issues here, keeping it out of the purview of the RTI Act will not provide information on the misuse of this Act. Further, only successful cases will be reported thus proving a 100% success rate. The identity of women, even in false cases, is kept confidential. As there are no penalties for false cases (we have discussed this is paragraph 8 above) and identity is protected, there is no disincentive to file a false cases. Just an accusation by the woman will destroy a mans life with no consequences whatsoever for fabricated complaints.

[i] The Chairperson (Woman Presiding officer) to be committed to the cause of woman only in case of Local Complaints Committee. (Section 7)