CHENNAI: Echoes of the age-old cry for fair treatment, freedom of work, and self-esteem are reverberating across the country. While the gruesome rape and murder at RG Kar Hospital has led to discussions about a law catering to the medical fraternity’s safety, the Justice Hema Committee report was applauded as a move towards guaranteeing the safety and equality of women in the Malayalam film industry. The common thread is the ineffective implementation of existing norms concerning working professionals. Without bridging these gaps, no legislation can ensure well-being of individuals.
Laws cannot be the sole solution to the issues at hand. Most of these situations stems from popular notions of what or how one ought to behave. For years, society believed that the men would provide financial support while the women managed the household. However, women started smashing this template.
The laws wanted to strike a ‘balance’. The Factories Act of 1922, for instance, permitted women to work till 7 pm (occasionally till 10 pm) while allowing men to work for longer hours. Later, courts also endorsed these ideas. In the case of Leela v State of Kerala, the court held that the provision was aimed at ensuring the “women were not taken away from their families and were protected from the ‘hazards’ of working at night”.
Over the period, lawmakers recognised the need to create level-playing fields for all. The brutal harm caused to a social worker Banwari Devi in Rajasthan, who worked to prevent child marriages, compelled the issuance of guidelines to this effect. Called the Vishakha guidelines, it aims to protect women from sexual harassment at workplaces.
The death of a journalist at Shakti Mill, Mumbai, in 2013, and the recent protests stemming from Kolkata highlight this fact. However, one must not forget that the former incident involved a male employee who was subject to grievous harm. Hence, it would be relevant to assess the impact of the issues faced by men as well. Thoughts such as being ‘the tough guy’ or ‘boys never cry’ seldom save them from trauma. This is particularly relevant to workplaces. Ultimately, instead of looking at new laws, what is needed is bettering the workplaces.
Five steps towards better work environments
Greater inclusivity: It is time to relook at our approaches towards the mental and physical well-being of employees. Online crimes must be included within the purview of harassment. The norms of all workplaces must align with the extensive discussions on gender and sexuality.
Begin at home: Educating families about the importance of open communication, and the need for equal statuses are vital.
Third-party protection: Co-workers are an individual’s support system. However, the fear of losing the job may prevent some from supporting the victim. Internal committees must work towards ways to assure employees of job security.
Demarcating powers: It is important to re-assess Section 4 of the POSH Act, 2013. For instance, it says committee members must be employees preferably committed to the cause of women or who have had experience in social work or have legal knowledge. The law provides certain checks and balances, but implementation has not been elaborated upon effectively. Provide clarity to these ambiguous aspects.
Re-structuring practices: Workplaces must evolve and keep pace with the latest trends. This includes better roster management systems, leave policies, flexible working hours, and better pay scales, among others.
Writer is an independent media researcher