National Crime Report shows shelter homes are most unsafe for women

In December 2018, the Delhi Commission of Women, during an inspection of private shelter homes in Dwarka found that the girls were allegedly abused by its staff.  In 2018, an audit of shelter homes in Bihar revealed that these shelter homes were sexually exploiting and young boys and girls. A recent report by the National Crime Records Bureau has revealed that shelter homes of Pune were the most unsafe for women in 2017, followed by Mumbai.

This brings us to the question that has shelter homes today has turned into a safe haven for sexual abuse?

Vijaya Rahatkar, chairperson of Maharashtra State Commission for Women told TOI that  “They have carried out training in the government sector and taken the initiative forward to bring shelter homes under one roof. The internal committees that are set up both in government and private sectors do not have the teeth to act on complaints of sexual harassment. Members of such committees are not aware of such laws and are scared to take any action against seniors. This was one of the reasons few people have come forward to lodge complaints. We have asked the government to make it compulsory for the staff of the corporate sector to undergo online training on sexual harassment to make them aware of their rights.

Does shelter homes come within the ambit of “workplace” as defined under The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013?

The Act does not categorically state that shelter homes are covered within the Act. However, if we look at the definition of “workplace” as defined under Section 2(o), point (vi), it covers a dwelling place or homes within the workplace. This implies that a “shelter homes” can be constructed to be considered as a workplace within the Act.

The Act further goes on to state that every workplace, having 10 or more than 10 employees is required to constitute an Internal Complaints Committee, formulate an internal POSH policy and conduct orientation and training programs. If the employer fails to constitute an ICC or contravenes a provision of the Act then a penalty of 50,000 can be imposed on the employer.

Shelter homes cannot absolve their liability by merely constituting an ICC. They need to conduct periodic training and awareness sessions and ensure a safe environment for women.

At Ungender we are building entrepreneurial solutions for the integral issues of the society and workplace with the core focus on “safety of women”. Previously, through Project Jaagruk has trained over 400 police officials on gender sensitisation and sexual harassment laws.