The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, passed in 2013, is the law in place.
The Act expanded the ambit of the earlier Vishaka guidelines, to cover women in any working environment.
It ranges from domestic helps to those in the unorganised sector and covers clients and customers.
The sphere of the workplace was expanded from immediate office environment to any place visited during the course of employment.
It included transportation, and non-traditional workplaces which involve telecommuting.
But the #metoo movement suggests that the law urgently requires further expansion.
What are the continuing shortfalls?
Pastincidents - The biggest and the most obvious gap in the law flows from retrospective accusations.
The Act offers no clues to how organisations should proceed when an existing employee stands accused of past transgressions by women with no immediate link to the existing company.
Mechanisms - Some organisations have responded by mobilising the internal complaint committee to address backdated external claims.
But the law should not rely on the subjectively variable element of organisational wisdom or convention to redress this use.
Explicit steps to deal with such contingencies would only reassure women that the legal system takes their rights seriously.
Relevance - The Act does not offer guidelines on dealing with questions raised by the movements like the current #metoo tweet-storm.
The #metoo movement reflects a greater sense of empowerment.
Notably, this space was curtailed by an understandable hesitation to file complaints with the police, under the current law.
The law, therefore, needs to move in sync with the times.
Implementation - For ordinary women in the unorganised sector, especially in politics, redressal mechanisms are non-existent.
The laws stipulate setting up local complaints committees in every district for organisations with 10 or fewer employees.
But currently, their existence and functioning is not to any noteworthy levels.
There are also no penalties for districts that lack such complaints committees.
Balance - The Act needs to acquire some balance by extending the rights to men who stand accused too.
Ensuring the principles of natural equity is the best guarantor of women’s rights indeed.
Leadership - A crucial reason why women have resorted to public naming and shaming is the unresponsiveness in the formal channels.
Leaders across workplaces must thus ensure that the formal system is sensitive and responsive enough for female employees.
This is essential for them to confidently come forward and register a complaint.
