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Resource centre on India's rural distress
 
 

India’s Workplace Harassment Law Has Failed Informal, Marginalised Workers -Surbhi Karwa

-Behanbox.com

New Delhi: India’s law on sexual harassment at work has failed to account for the experiences of informal sector working women, most of who are from marginalised communities – Dalits, Adivasis and Bahujans.

This denial of workplace justice to women who are doubly marginalised can be traced to two factors: the failure of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) or the POSH Act to take into account the the reality of marginalised women and the flawed functioning of the redressal mechanism set in place under the Act.

It is in this background of failure of the legal system in recognising the doubled nature of violence against women from marginalsied communities that #DalitWomenFight, an anti-caste feminist collective, stated this during the #MeToo movement: 

“We have been wondering about ‘me’ in #MeTooIndia and have not been able to locate ourselves in this current framework…..We remain unnamed and our struggles unnoticed…we cannot even begin to imagine a gender-just world in a society that is ridden by caste divisions.”

There is a long history to the Indian judiciary’s approach to sexual violence against marginalized women at workplace and beyond. Scholars have found in their research that courts are more likely to believe Hindu women, virgin daughters, and loyal wives than Dalit women who are seen as following different notions of ‘honour’. Courts neither see them observing the same rules of shame and honour, nor as having the same credential of a ‘respectable woman’ for their testimonies to be trusted.

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