New Delhi- VIJAY Foundation an NGO held a Panel discussion at the India International Centre at New Delhi. The topic was EMPOWERMENT OF WOMEN: Posh CHALLENGES AND CONCERNS panelists were Justice. Neena Bansal Krishna, Vimla Mehra Ex IPS, Nandini Rao a social activist.
The moderator of the program was Kritika Krishnamurthy founder of AK &.Partners, a law firm & Director of Bridge Policy Think Tank.
Discussion spanned for an hour followed by open house for questions and answers sessions.
Speaking about the importance of Posh in Women empowerment Justice Neena Bansal emphasized the fact that 90% of women are working in the unorganized sector and only 10% in the organised sector where it is mandatory to form the Internal Complaint Committee. Not all organized sectors have ICC which is mandatory. Some ICC are formed just for the compliance of law, so that they don’t have to pay Rs 50,000 as penalty.
Vimla Mehra spoke about her book Tinka Tihar where she spoke at length about the women inmates who actually need a forum to speak about themselves
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Adding to this Nandini Rao said that since birth women are taught to keep quiet and suffer. So there is a direct link between gender discrimination and sexual harassment. Whenever there is a problem the women prefer to settle instead of preoccupation. They are black listed by the industry and find it impossible to get a good job.
Justice Neena Bansal further reiterated that IC Members have little or no practical expertise in dealing with such formal and delicate issues. Many of the Writ Petition submitted are on the ground of ignoring the principles of Natural Justice.
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IC has to deal with electronic evidence in the form of WhatsApp chat between the Complaint and Respondent. These chats are exported through emails and printed copies provided to the IC. Since IC proceeding are not strictly judicial in nature the strict rules relating to the admissibility of evidence u/s.65(b) of Indian Evidence Act will not be applicable. But she is of the view that these should be admitted as IC is formed with the special purpose to make things easier.
Posh does not address the entire spectrum and aspects of gender fluidity. Such people are at double risk of being the subject harassment.
All the panelists agreed that with changing times the Act should be made gender neutral. Regarding confidentiality clause Justice Bansal admitted that certain matters are taken up when the matter goes beyond the bounds of confidentiality other wise it is hush hush. She also emphasized the need to take the matter to the police and for those who are poor can approach the courts to avail free legal aid.
Further she emphasized to set up independent tribunal to deal with cases of posh as mainly the organisation put the onus of IC on the legal division who are primarily ” Corporate lawyer” who are not trained to deal with trials.
Local committee do not exist at all. Unorganized sector does not find any mention in citation.
