New Bill to Treat Rape and Sexual Harassment at Par

The existing Indian law on sexual harassment is weak and inadequate. Till now, most of the sexual harassment cases are dealt with in consonance with the guidelines of the Supreme Court as set in Vishakha’s case.

Indian Law: Attempt to Rape

The existing Indian law fails to book an accused, in the cases of attempt to rape. The person who makes an attempt is often set free, which leaves the victim physically and mentally bruised and demoralized. The charges of molestation or indecent assault on a woman, is considered less severe than the actual rape charges. The punishment for molestation or indecent assault is maximum 2 years of imprisonment.

However, there is considerable delay in convicting the accused. By this time, the victim and her family undergo so much pain and trauma because of the incident itself. In recent times, the case of Ruchika Girhotra prompted the National Commission for Women to place pressure on the government to take concrete measures against sexual harassment. The government has responded, by finalizing the Sexual Offences (Special Courts) Bill. This Bill will treat the sexual harassment victims at par with rape victims. The Bill is almost finalized and is awaiting an approval from the Cabinet. Nonetheless, the question is whether the Bill will be enough to secure justice for victims who are subject to sexual harassment?

Indian Law: Proposed Law To be more Stringent

The proposed new law is more stringent than the existing  Indian law on sexual harassment at the workplace. The new Bill proposes to put both rape and sexual abuse at par with each other. The Bill has been drafted keeping in view the discomfort generated by filing a complaint, against a colleague at the workplace and then trying to work with dignity in the same environment. Another issue is that the management of a company may not always give the victim a fair hearing if the alleged person is useful or of importance to them. There are cases wherein the victim has been warned not to make ‘baseless’ allegations or been silenced. However, most highly reputed companies do not take short cuts to shirk their social responsibility to their employees.

The proposed legislation redefines rape and makes molestation a non-bailable and cognizable crime. It further enhances the punishment from two to five years. The draft Sexual Offences (Special Courts) Bill provides for hearing of the cases in special fast track and designated session courts and makes it mandatory to end the trial within 6 months. The Bill also proposes for amendments in the existing Indian laws, to make them more effective.

The Bill also provides that the information about the complaint and complainant shall be kept confidential. Such information shall not be made public or disclosed to the media, even under the Right to Information Act.