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Sunday 16 March 2014

Gender biased Indian Sexual Harassment of Women at Workplace (Prevention Prohibition and Redressal) Act 2013.

The Act is gender biased because it permits only woman to file complaint against sexual harassment. however sexual harassment of man by woman has not taken into consideration. there are cases where woman sexually abuses the men also. Hollywood movie "Basic Instinct" has shown how lady boss has sexually abused his subordinate male officer. The Act has endorsed the traditional and convention theory of sexual abuse that it is only committed against woman and man cannot be sexually abused. Much of water has flown in the society. value of sex is also changed. workforce of woman in workplace has considerably scaled up. Moreover  woman have occupied the higher position in the organisations. therefore it is quite possible that they may abuse men sexually. Act authorizes only woman to make complaint of sexual harassment because it is specifically uses the word "aggrieved Woman." Act empowers aggrieved woman to make complaint against employee. the word "employee" includes both male and female worker. it means that sexual harassment of woman can be done by another woman also.  Aggrieved woman can make complaint against her own employer also for sexual harassment. the word :"employer" includes both male as well as female employer. when the law admits that woman can sexually abuse another woman, then why not same logic can be further extended that woman can sexually abuse men also. The Act has defined sexual harassment. sexual harassment includes, physical contract, demand or request for sexual favor, making sexual remarks, and showing pornography. these kind of acts can be committed even by woman against men also.  therefore enacting law of prevention of sexual abuse from the perspective of  female worker is unjust and unfair and violation of equality principles.     

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