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Rajesh Kumar (Advocate)     23 July 2009

Avoid working with women- abuse of sexual harassment laws

A new draconian gender biased law is in the making- Law against s*xual harassment at workplace. Presently this is being implemented under Vishakha Judgment of Supreme Court.

I have seen life and career of a senior scientist destroyed thorugh this law. The only fault of his is that he brought into notice of senior officers wrong doings of a junior women scientist. In fact, in CAG office, a senior women officer levelled charge of s*xual harassment against a junior male employee- and junior male employee was punished? Any body having any idea of definition of s*xual harassment in visakha judgment cannot punish a junior male employee for s*xual harassment!

Well friends, A new Act on s*xual harassment is in making. It is more draconian than Section 498A and will affect larger number of men and their livelihood. The only way to protect yourself against these legal abuses is to avoid working with women, and if you own a business- never employ a women.



Learning

 22 Replies

jatin (self)     23 July 2009

I do not agree 100% with this,as it resultant into sure impression that males are now scared of employing women. Actually we should treat each lady staff in such a manner that she will never dare to utter a single word of harrassment, for that on the top of all lady staff we have to deploy our family female member, and to avoid to be with single woman of office staff. I always feel that women are much more sincere and honest than men.

sorry, but these are my feelings.

 

jatin thakkar

advocate

ahmedabad.

Rajesh Kumar (Advocate)     23 July 2009

Men understand things through experience. Some, even on this club will understand through experience.

Experience has always been a very good school, just that fees are high.

1 Like

Rajesh Kumar (Advocate)     23 July 2009

This is the only law which tries to give inclusive definition of an offence. A joke is a crime. let us see the proposed definition,

"s*xual harassment" means any unwelcome s*xually determined conduct whether physical, verbal or non-verbal, including but not limited to, s*xual advances, demands or requests for s*xual favours, molestation, s*xually nuanced gestures, comments, remarks or jokes either verbal, textual, graphic or electronic.

Thus, we will see various complaints regarding- he saw me in this manner. A vision can be s*xually unwelcome conduct. It can be a gesture. And who will determine it is unwelcome- the women itself. Thus a natural act of a man, which is perfectly legal, may be unwelcome by a particular women- and the man can loose his job. Rubbish.

And if this definition is to be applied, why should it be gender specific. A women conduct may be s*xually unwelcome for a man. Why not give this protection to men too.

----------

We are living in a feminist state. Here laws are made not for justice, it is made to appease some voters. Sexual harassment at workplace is a tool to eliminate gender biasedness in employement opportunity. Thus,

-Women reservation is a s*xual harassment of men.

-Promotion of women, for s*xual favour is s*xual harassment of men.

-Believing women, and not believing men- merely for gender differentiation is a s*xual harassment of men.

-False complaint against men collegue to get some benefit in employment is a s*xual harassment of men.

-Legislating such laws, and making the workplace dangerous for men through such legislation is a s*xual harassment of men.

-The personal view of Jatin (women are more honest and serious) and such gender biased views of employers are s*xual harassment of men.

Hemant (Law)     24 July 2009

I agree with Rajesh kumar, as for jatin i think he has no inkling what can happen when this law too is mis-used in instances of professional rivalry or jealousy at working place with women. The women will be on her tips & toes to use this law to just coverup her faults & inefficiencies at the work. Most of women will definitely try to do the mis-use. The day is not far when such cases will be the order of the day as we see now about Domestic voilence act & 498a act mis-use. One such case can land the man in trouble denying his rightful morsel of food. Not to mention about the difficulties the family (parents,other members of family & children) may have to undergo by false cases once this comes into existence. God save the man. Its 100% rape of man by laws.

Rajesh Kumar (Advocate)     24 July 2009

Sexual harassment at workplace is not designed to stop "unwelcome s*xual gesture". If such unwelcome s*xual gesture is to be stopped, it should be stopped everywhere, why only at work place.

Sexual harassment at workplace has a more important role to play- to eliminate gender discrimination in employment opportunity. So Visakha case, SC defines ,

"Where any of these acts is committed in circumstances where under the victim of such conduct has a reasonable apprehension that in relation to the victim`s employment or work whether she is drawing salary, or honorarium or voluntary, whether in government, public or private enterprise such conduct can be humiliating and may constitute a health and safety problem. It is discriminatory for instance when the woman has reasonable grounds to believe that her objection would disadvantage her in connection with her employment or work including recruiting or promotion or when it creates a hostile work environment.
Adverse consequences might be visited if the victim does not consent to the conduct in question or raises any objection thereto."

Government want to legislate on s*xual harassment. But it forget what is the meaning of s*xual harassment. It designed a bill for stopping unwelcome s*xual conduct. In gender war, such law is important- it can be used to make false accusation, it can be used to extort money or various types of consent, it can be used to promote corruption. Men must understand that design of such laws is not accidental- it is systemic discrimination and gender enslavement of men.

badrinath (Sr.Manager-human resources)     24 July 2009

there are all possibilities for this law being mis-used. in todays world women may use this to threaten men with this law in the work place and i know in some companies it has started. having said this, s*xual harrassement by men also cannot be allowed .. if something is done usefully and correctly without any fear of mis-use it can be welcommed.

Rajesh Kumar (Advocate)     24 July 2009

Well, the law is designed for misuse only. It is drafted in such a manner so that it can easily be misused. The feminist state knows that if the law will not be misused, most men will pass through unscathed.

There is a specific provision in the proposed Act that even if the complaint is found to be false, no proceeding can be initiated against the false accuser women. This clearly shows the intention of the legislating state.

Rajesh Kumar (Advocate)     24 July 2009

There is a tendency to appoint women judicial authority in deciding allegations of s*xual harassment. It has been found that women are biased when deciding the complaints by women against men. Such inquiry proceeding is in itself is a s*xual harassment of men.

The stage is strange- there is a women complainant, who is a complainant based on a gender biased law, merely for being from a particular gender. There is a women judge, who is a judge merely because she is a women- for the proposed law provides that judge shall be a women. Such judicial or quasi0judicial setting is gender biased and no man can expect justice out of such gender biased judicial setting. Section 33 of the Proposed Act provides that, 

"All Complaints Committees set up under this Act will be headed by a woman member of the Complaints Committee."

The law presumes that a male judge cannot give justice to women. Why should men believes that a women judge can give justice to men?

There must be a committee consisting of men & women members, and male member must be entrusted with the role of looking into abuse of such laws.

 

Rajesh Kumar (Advocate)     25 July 2009

I have posted a detailed analysis of the proposed bill.

https://masculist.wordpress.com/2009/07/25/s*xual-harassment-bill-design-for-abuse-of-law/

Seeking your comment.

 

neeraj (Engineer)     25 July 2009

I am in 100% agrement with the thoghts of Shri Rajesh Kumar.

I have found one more link on this subject:

https://ipc498a.wordpress.com/2009/07/16/results-of-rti-with-regard-to-sh-bill/

Hello Everybody,

here in this forum everybody is a learned expert in law. Does the administration of justice is based on assumptions or it should be inclned in favour of a specific gender as here in this bill? No !

Just think why the details of th report of the committe can not be disclosed even under RTI? Let us forget about man being victimised, just think even if a woman is not getting justice and she want to approach a higher forum that the internal committe, how will she get the details of inquiary or final report if not allowed under RTI?

How can alleged modesty or harassment of a woman can be compenated with money, this law clearly promotes and temp women to misuse it and earn money directly or indeirectly by way of forced promotions etc.

And how can lawyers think that they are immune/protected from this missile? Recently a woman fighting a case with her husband in a family court alleged that her own lawyer raped her in his chamber???

On the fist page of the link i posted above, the last paragraph ministry of woman and child welfare is saying that "welfare of man is not under their mandate". So, i would ask, is htere any forum available i men are abused or threatened?

This s*xual harassment bill, i agree is drafted based on the guidellines of Honb'le supreme court in Vishakha judgment but supreme court was not taling about compensating it for money of hijacking of basic human rights of Men!!

Anybody who want to have a healthy argument with me on this is most welcome.

neeraj (Engineer)     25 July 2009

I would like to reply to Shri Badrinath as he is fom HR.

Sir, you rightly said that women have started misusing it now and s*xual harassment from men can not be tolerated.

But at the time when a law is being framed, as a citizen of India why can't we oppose when something is wrong in priinciples. Also what is a s*xual harassment? May be as u r an HR person, u know the case of KPMG consuting where five director level officers ere jailed because a female employee of their company allegged s*xual harssment by them throgh a forwarded emal where three kid were peeing together in bathroom and email was titled as "Team Work".Is is a form of s*xual harassment?

NASSCOM chief Som mittal's bail was not given even by supreme court because security of a woman employee who was working in some BPO was his responsibility.

Azim Premji, chairman of wipro was dragged by wife of Shri Anurag Nigam an employee in wipro, in a case of domestic violence in dehradun.

And what about the s*xual harassment of men? Now u would say t is nothing. Then sir, u have to think again why the law ministry recently bent towards making rape laws gender neutral? May be men are being raped. Surprised?

Its was ur duty on behalf of employees of ur company, have u submitted ur comments when the women and child development ministry demanded comments and suggestions from general public, corporates or NGOs fo this bill?

The radical feminism is going to swallow the corporate world and India inc need to be wakr up soon.

neeraj (Engineer)     25 July 2009

Hemant ji,

As u r already awre of the fallout, i would say this law is made to be misused. Recently a woman army officer is court martialled for falsely framing her senior officers in a s*xual harassment case.

In another case wife of an army officer is fighting for getting the records of proceedings and inquiry report against her husband n similar s*xual harssment case through RTI. The cheif information commision has comented that the report should be provided to her as it would be a violation of Human rights of an accused and even if the organization RAW is exempt from the purview of RTI, CI has ordered to provide all inquiry proceedings and report to her.

Regards.

Hemant (Law)     25 July 2009

Neeraj ji, I agree with you. The world of men is likely to crumble by false accusations of these women in work places. The will not be any space for sincere working men in work place. Extortion wil the order of the day soon by this law. It should be made gender neutral or else there will be utter chaos in the court cases. I wish one of the judiciary gets to face similar false s*xual advances case/harrassment case similar to rape, by a female. Maybe then we may expect some change in the laws.

Rajesh Kumar (Advocate)     25 July 2009

This is the law to promote EXTORTION. Men should wake up, or they will be shaken into waking up through the school of experience.

In fact not all women are bad or extortioninst. These provisions will reduce their employment chances. I know many men, running small businesses who does not employ a women. Why to take unnecessary risk? And after enactment of these laws, the false allegations will fly thick and fast- reducing the employability of women in general due to sinister attitude of some unscrupulous women. Women need to think on the issue.


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