Will the Supreme Court's 29 January order mean safer night shifts for tens of thousands of women employed with business process outsourcing companies?
It should. Otherwise the top bosses could face prosecution in the case of any lapse.
Remember the rape and murder of a 24-year-old call centre worker in Bangalore by the driver of the vehicle while on her way to the workplace on 13 December 2005? The incident had raised major security concerns for women employed with BPOs.
The cab driver called the newly married Pratibha on her cell phone saying that although he was not the regular driver, he was given her pick up duty. She unsuspectingly boarded the vehicle and when the regular driver called on her cell phone to verify, Pratibha informed she had already been picked up and handed the cell phone to the assailant who maintained that he had been allotted the duty. By the time the matter came into light, the hapless woman was taken to an underdeveloped suburb and threatened at knife-point. When she tried to resist, she was dragged into a ditch only to be sexually molested and killed.
Using Pratibha's cell phone records, the murderer was tracked down and her body found three days later. In his statement to the police, he reportedly confessed to have taken the hapless woman to a desolate place on the outskirts of Bangalore where he raped her at knife-point, killed her and dumped the body in a grove. He is stated to have committed the crime because he had not had sex since his wife's pregnancy. From mobile phone records of the accused, it was found that he had tried to pick up two other women employees the same night but. They however after checked with the company and declined to board his vehicle.
Based on the FIR that adequate security had not been provided to the deceased employee during her travel from her home to the workplace, in contravention of the Karnataka Shops and Commercial Establishment Act and Rules, a local court held the Managing Director of the call centre where Pratibha worked responsible for the negligence leading to her death.
Challenging the order of the trial court under Section 482 of the Criminal Procedure Code before the Karnataka High Court brought no relief to the MD as the same got dismissed. An appeal in the Supreme Court too brought no respite either.
Refusing to express any final opinion on the merits of the matter and leaving it open for the concerned court to interpret the various provisions of the relevant Act, while dismissing the appeal, the apex court has allowed the prosecution of the MD, for failing to provide adequate security to Pratibha. It has directed the trial court to decide the matter expeditiously uninfluenced by any observations of both the High Court and Supreme Court.
Unlike in the past where women were not permitted to work in the night-shift, a special provision made for information technology and related companies, is undoubtedly a progressive step. The exemption at the same time places the onus on the firm to ensure adequate transportation and security for their women employees.
On the flip side, the US$ 11 billion worth Indian BPO industry provides employment directly and indirectly to over 7 lakh people, half of them being women. Accounting for approximately 40 per cent of the global share, the sector is expected to grow a 5-fold to cross the $50 billion mark by 2012.
Call centres, besides expanding employment opportunities, has enabled women to compete with men on an equal footing. The cause for concern is mainly related to security of tens of thousands of women working in call centres across the country who are required to work overnight shifts to be on the same time zone as their foreign clients. Notwithstanding the free transport provided to such employees to and from their homes, several instances of murder, rape or harassment of women employees have attracted national attention.
The apex court's recent ruling alone cannot provide succor to women employees unless regulatory authorities and employers work together to ensure comprehensive safety norms are in place.
In some states, the licence to employ women in night shifts is renewed on a yearly basis subject to the condition that at least 10 per cent of the employees in such shifts are women. Surprise checks merit consideration to verify that norms are followed.
Many of the BPO firms claim to screen their cab drivers and provide a security escort for women workers besides security patrols to monitor cabs. Perhaps an independent agency can assist the police in conducting random checks. In case of any lapses, the owners of the cab agency ought to be made liable to be prosecuted if its driver is involved in any crime.
It needs to be appreciated that the police cannot be present at every place all the time. Working women are also need to be careful and cautious about their own safety. Especially during commuting, being attentive pays.
Aarti