Sexual harassment in AIIMS

[Shriya]

I'm a regular visitor in AIIMS and have just now read harassment story in http://indiatoday.intoday.in/site/story/...6991.html.

I'm shocked to the scale of sexual harassment in such a hospital of national level. I've also felt little embarrassed while in AIIMS but I thought it was some unlucky event, but I'm fortunate that I'm not one of the victims.
The attitude of Preeti Ahluwalia even though being woman is very discouraging for the Indian women. We should do something, since many patients choose to keep quite in India.

[admin]

Why only AIIMS? This is the fate of 99.99% of Indian women. It is there in every part of India.
The important point is that there isn't any law to deal with and there is no place for compensation of those women who suffer harassment.

[NainaK]

(08-08-2011 12:12 PM)admin Wrote:  Why only AIIMS? This is the fate of 99.99% of Indian women. It is there in every part of India.
The important point is that there isn't any law to deal with and there is no place for compensation of those women who suffer harassment.

Just to correct what is being said about Vishaka Guidelines of the Supreme Court of India on this Forum. As I have said in an earlier post and to give credibility to my submission, I framed, filed and acted as lead instructing counsel in the Vishaka matter. I think it is important that your forum understand that these directions are "binding in law" until Parliament chooses to frame an Act. That means the directions must be complied with. Failure to comply does have legal consequences.

Regards
Naina Kapur
Advocate

[admin]

(14-12-2011 03:02 PM)NainaK Wrote:  ......
s important that your forum understand that these directions are "binding in law" until Parliament chooses to frame an Act. That means the directions must be complied with. Failure to comply does have legal consequences.

Regards
Naina Kapur
Advocate

I fully agree with you. But no one in the world is going to enforce it.
Police will not register a complaint.
Please find here Indian Airforce Sexual Harassment case in which AirForce has openly flouted the Vishaka Guidelines:

• No neutral member in the committee which has experience in such cases
• Punishing the victim openly( by de-allocating the quarter etc)
  

[NainaK]

Thanks for your reply and I will look at the case. However I have dealt with many cases where the workplace/employer was made accountable- they sought out my expertise for example on how to comply. The skill is available- it's just not visible. Also, my experience is that government is obviously highly resistant to cases largely because they have not complied with Vishaka either. I am currently involved in a matter where a senior IAS officer is most certainly going the whole hog to ensure compliance. Perseverance is key. It's not about the policy, it's about workplace responsibility- the onus is legally on an employer.

Happy to continue the discussion... and I do appreciate the frustration.... but it is possible to do something here- especially as the directions are very user friendly and not difficult for women or men to understand- i think it is a matter of simply getting the information out there and forums such as yours can play a critical role. Knowledge is key to ensuring compliance

[admin]

The problem with Babus is that they can flout all the rules and still continue to get full salary with promotions.

It is clear case of not following Vishaka Guidelines. Court will only prove that we're right that Babus have violated it and victim will get some reprieve along with silent-reprisals like no promotion, rules made strict especially for the victim.
Nothing else. Hardly any compensation for the victim, no loss of career or salary for the Babus and their accomplice bosses.

Is it possible to do it for every sexual harassment case in India? No! Court procedure is long, very slow.

[NainaK]

I think much has to do with the absence of a focus on prevention. Where there is effective prevention, going to court emerges as a last option. Given the slow and very overburdened process of a court process, I think creative and effective promotion of the Directions really is an underutilised focus.