KUALA LUMPUR – The long-awaited Anti-Sexual Harassment Bill 2021 is finally tabled in Parliament today, featuring – among others – a proposal for perpetrators to compensate victims to a tune of up to RM250,000.
The bill, which aims to offer greater protection to victims, was tabled for the first reading by Deputy Women, Family, and Community Development Minister Datuk Siti Zailah Mohd Yusoff in the Dewan Rakyat.
Siti Zailah said the second reading is set for this ongoing sitting, which ends tomorrow.
The bill, which was made available through the Parliament website, states that a tribunal shall be established to hear and determine any complaint of sexual harassment made by any person.
A person may lodge a complaint to the tribunal with a prescribed fee, although all hearings are to be closed to the public – ostensibly to protect the identities of those involved, especially the victim.
The tribunal shall then make its decision, whether to award or dismiss the complaint, within 60 days from the first day of the hearing.
According to the proposed legislation, in making an award the tribunal may make any one or more orders – including requiring the respondent to issue a statement of apology to the complainant, and ordering the parties guilty of misconduct to attend any programme deemed necessary.
Perpetrators may be ordered to pay compensation or damages not exceeding RM250,000 for any loss or damage suffered by the victim pertaining to the act of sexual harassment.
The tribunal may also make ancillary or consequential orders or relief deemed necessary to give effect to any order made.
The bill, however, does not provide for a prison sentence for sexual harassment perpetrators.
Those who fail to comply with the award made by the tribunal within 30 days will be deemed to have committed an offence, and face a fine twice the amount of the compensation or imprisonment of up to two years.
For cases where no compensation or damages are ordered, the offender may be fined up to RM10,000 or face a maximum prison term of two years.
Under the bill, sexual harassment is defined as any unwanted conduct of a sexual nature in any form – whether verbal, non-verbal, visual, gestural, or physical – directed at a person that is reasonably offensive, humiliating, or is a threat to his or her well-being.
The bill stipulates that any award by the tribunal is final and binding on all parties to the proceedings, and shall be deemed to be an order of the court.
Respondents may apply to the high court in challenging an award on grounds of serious irregularity only.
Additionally, the bill states the tribunal is given power to assess the appropriateness for it to assist the affected parties in negotiating for a settlement. – The Vibes, December 15, 2021
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