Protecting employees should be a priority
In 1961, the Indian state of Karnataka (where Bangalore is located) created a new law banning women from working at night. In 2002, this law was amended to give special dispensation to the IT and IT-enabled service sector, provided the employer offers adequate protection to any women working at night, including safe transport to and from home.
On December 13, 2005, a female employee of Hewlett Packard Globalsoft in Bangalore was raped and murdered by her cab driver when she was on her way in to work a nightshift. The police filed a complaint to the labour commissioner who then filed the complaint before magistrates, claiming that the managing director of HP Globalsoft had been negligent in not providing secure transport. At that time, the MD of HP Globalsoft was Som Mittal, the new President of Nasscom and now the figurehead of the Indian IT industry.
Mittal has fought to quash the complaint, but the Indian Supreme Court has just quashed his final chance of appeal, so it looks like the police are going to get their way and will be able to convict him of not providing adequate security for female employees. The maximum penalty is a fine of 1,000 rupees. That’s approximately £12 or $25.
The whole affair is quite pointless and rather demeaning to the memory of Pratibha Murthy, the murdered employee. If HP was negligent in not screening the background of cab drivers employed to collect their female employees late at night, then a proper penalty should be applied. If they could not have prevented the situation then there is a no case to answer. However, the outcome that the Indian legal authorities appear to have reached after much legal wrangling between the Karnataka High Court and Supreme Court is that the former managing director may have to pony up an amount that is equivalent to lunch in a London sandwich bar.
It’s really a waste of time, tax rupees, and legal effort and appears to be driven by over-zealous bureaucrats more concerned with the application of the law to the letter, rather than in any pragmatic fashion. Let’s hope Som Mittal can put it behind him and get on with the job of leading Nasscom.
The Indian regulatory authorities pursuing this type of case ought to be asking the question why it is unsafe for women after dark in India. Surely this is the underlying question? Why should private sector companies be responsible for running their own fleet of taxis because the cities and states can’t provide good enough local infrastructure for employees to safely travel to and from work, whatever the time?



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