NEW DELHI, AUG 17: For some 90 million working women, increasingly facing the threat of use of sex as a weapon by their male colleagues, the Supreme Court directive to all employers, whether in public or private sector has not come a day too soon.

Billed as ``progressive'', the new ``law of the land'' defining sexual harassment has been widely hailed by women activists and experts, but sceptics wonder if it goes far enough and doubt if it can be implemented practically.

The issues raised about the efficacy of the law veer around concerns - whether it will encourage women to report indignity, how does it make redressal easier for them, that sweeping laws such as this could be abused and if it is exploitation, shouldn't it be a uniform law protecting all subordinates, irrespective of sex.

Claiming that the use of sex as a weapon to subdue is on the rise, women activists however, welcome the Supreme Court initiative hoping that a sympathetic redressal machinery will have fewer men breathing down the necks of their female colleagues.

Naina Kapur, director of Sakshi, a women's rights organisation instrumental in bringing the issue to the fore holds that the issue is no longer an attempted rape alone but the fact that women want to be treated with dignity.

Lauding the inclusion of even covert gestures as sexual harassment, now recognised as a human rights violation, Kapur says the court's direction is novel in that it has initiated a socially constructive act which criminalises sexual harassment.

With more and more cases of sexual harassment coming to light in the developed and developing countries, such a move is likely to have good ramifications, says V Raghuraman, secretary general of Associated Chambers of Commerce and Industry (ASSOCHAM).

``All business occupations should be free from any fear or favour. Although no organisation sanctions such devious behaviour and all employees are expected to behave, this will make the corporate rethink and define rules more explicitly,'' says Raghurarman.

But for a handful of public and private sector organisations that take strict action following complaints of indecent behaviour, most of the time the men in question have gone scot-free in the absence of any specific offence under which they can be booked.

Ironically, the crime against women cell keeps a record of only dowry deaths, rapes, molestation charges, matrimonial disputes pertaining to dowry and cases of eve-teasing (only on streets as it is the police initiative).

According to Kapur, surveys on women working in rural areas, in 1984 and 1987 indicated that a majority of them had been molested by their employers.

What if the organisations don't comply? Supreme Court lawyer, Fali S Nariman, who appeared as amicus curiae (friend of the court) for this case, says it is binding till the government formulates legislation.

``You have to make sure that the state agencies implement it then only private organisations will follow... You cannot protect rights unless one is vigilant, NGOs can help in a big way,'' says Nariman.

Notwithstanding a strong law in their favour, Mitu Sharma, a secretary, is apprehensive that the fear of losing the job or being branded would still deter many women from raising their voice.

Echoing her, another male scribe feels that with superiors wielding more powers it would be difficult for a woman to survive in the organisation after complaining against a senior.

Copyright © 1997 Indian Express Newspapers (Bombay) Ltd.