Extending of The legal Shield to the Women

 Extending of The legal Shield to  the Women

                                 General Studies paper- 1, Women

                                  Source- India Today

 

Context

 

The Delhi trial court acquitted a journalist in a criminal defamation case filed by a formal minister.  It has extended a  legal Shield to women speaking up against sexual harassment

Me too movement is a social movement against sexual abuse towards women where people publish size allocation of  sexual crimes

 

Key points given by the court-

 

  • The court has ruled that the right of reputation cannot be protected at the cost of the right of life and the dignity of women
  • The Woman has the right  to put her at any platform of her choice and even after decades
  • In the Vishaka guidelines in 1997, The apex court address a lacuna in law which offered no legal recourse for women Who was sexually harassed at work 
  • The court has created a set of guidelines relying on international law principle and practices to address the sexual harassment at  the Work
  • Before 1997 decade related to sexual harassment was addressed under Indian Penal Code provision section 354
  •  It was only in 2013 that IPC section 354 amended to include section 354A that criminalises sexual harassment 
  • India defamation can be both be a civil or a criminal offence

 

 what is defamation

 

  • Section 499 States definition could be through words spoken or intended to be read  through sign and also through visible representation, this can either be published or spoken about a person
  • section 500 of IPC provides punishment for defamation

 

The protection of women against Sexual Harassment at workplace Act 2013

 

  • It define sexual harassment at the workplace and create a mechanism for readdressal of complaint
  • Every employer is required to constitute an internal complaints committee at each office or branch with 10 or more employees
  • The Complaints committee has a power of civil court for  gathering evidence
  • The Complaints committee are required to provide for conciliation before initiating an enquiry if requested by the complainant non compliance with the provision of the act shall be punishable with the fine
  • The state government  will notify the district officer in every district who will  constitutes local complaints committee
  • It would enable women in the organised sector or small establishment to work in an environment free of  sexual harassment
  •  All the organisation have  to give training program workshop to the women’s related to sexual harassment to avoid  these situation

 

Suggestion

 

  •  Employers must conduct monthly meeting with employees to know their problem
  •  The government to effectively implement  the law related to the harassment
  •  There is a need to bring empowerment of  women through educational programs and training to recognise and realise their basic right

                                                              -Khyati Khare

Download Link - Daily Current Affairs 20th February 2021