Friday, April 23, 2010

Monetary compensation for emotional trouble

Panduran Kutty is one of the lucky persons who was acquitted by the court. He says, “When I see hapless husbands being humiliated and trampled in the courts and in the police stations, I feel it is a crime to be a husband in this country.” So far he has counselled more than 1000 persons suffering from the same trauma. He says, “Do not expect this system to be logical and reasonable. If you think you have tons of evidences and the judge will hear you, you are imagining things.”

A senior advocate, on the condition of anonymity, tells TSI, “These laws were made to protect real women facing ill-treatment and torture. But this has become a tool for extortion for upwardly mobile women, specially in the elite class. Average settlement of Rs 50-60 lakh is commonplace. And nobody is spared. I have cases of IAS, IPS officers, corporate managers and executives, commissioners. These laws were made for protection of Sitas but being potently misused by Surpnakhas.”

Sandeep Bhartiya, President of Gender Human Rights Society, has another take on the law, “Seventy-first Law Commission Report 1978 strongly recommended that irretrievable breakdown of marriage should be made a ground for divorce. Supreme Court reiterated the need for inclusion of irretrievable breakdown of marriage as a ground for divorce.” Mahesh Tiwary says, “There has been an alarming rise in the number of divorce cases being filed in the courts these days.”

The present law proposal of Sexual Harassment at Workplace Act, 2005, talks of paying monetary compensation for emotional, mental trouble caused due to sexual harassment at office or workplace. What is more alarming is that the draft law does not put any time limit for filing the case.

Monetary compensation for emotional trouble will lead to a floodgate of false complaints opening just like we see in case of matrimonial disputes.
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Source :
IIPM Editorial, 2009


An IIPM and Professor Arindam Chaudhuri (Renowned Management Guru and Economist) Initiative

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