KUALA LUMPUR: After a long and arduous process, the Anti Sexual Harassment Bill proposed in 2011 was finally approved today by the Dewan Rakyat.
The legislation expands the legal recourse for the victims beyond provisions in existing Malaysian laws including the Penal Code and Employment Act, providing them a venue to file claims against their assailants through the establishment of a special tribunal.
Women, Family and Community Development Minister Datuk Seri Rina Mohd Harun in her wrap-up speech during the debate session, said the Act reflected the seriousness of the issue that needed special attention as it could lead to more severe crimes such as assault and sexual violence, if not addressed.
“Sexual harassment must not be considered petty and unimportant as it has negative impact on the victims, especially mentally, and leaves them with trauma that could disrupt their daily routine, productivity and wellbeing.
“The anti-sexual tribunal has the authority to decide the cases, namely, ordering a statement of apology by the respondent to the complainant and up to RM250,000 compensation awarded to the latter for damages and losses.”
Any award by the tribunal is final and binding; deemed as a court order that must be enforced by parties in the proceedings, according to Clause 22.
The minister made amendments to Clause 13, which would allow any party to be represented by a counsel or solicitor if, in the opinion of the tribunal, the matter in question involved complex legal issues.
Meanwhile, underage individuals or persons with disabilities may be represented by a guardian or a friend and the tribunal may impose any condition deemed necessary to ensure that the other party would not be in a position to face substantial loss due to this.
All proceedings before the tribunal must be held behind closed doors and are off-limits to the public.
The tribunal shall make a decision on the award within 60 days from the first proceeding and the ruling must be meted out with grounds for or against it.
Under the Act, respondents can only challenge the compensations awarded by the tribunal by filing an appeal at the High Court on the basis of serious irregularity.
“We will not stop at gazetting this bill. We will improve this act based on current needs and situation.
“It will be more practical for improvements to be made after seeing how the law operates,” Rina said.
After a series of talks, the draft of the Bill finally took shape and tabled for first reading in the Dewan Rakyat on Dec 15 last year.
It involved numerous meetings, engagement sessions, discussions and workshops with stakeholders including government agencies, non-governmental organisations (NGOs), Joint Action Group for Gender Equality (JAG) and members of parliament.
SOURCE : NST
