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Home » Blog » Column: #Metoo Sexual Harassment at Work place
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Column: #Metoo Sexual Harassment at Work place

By Seema Bhatnagar 8 Min Read
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These days we are witnessing #metoo Campaign in full swing since Tanushree  Dutta Broke her stoic silence after 10 long years about an incident of sexual Harassment  by Nana Patekar during the shooting of song in the film Horn Ok Please and thereafter goons attacking her car and completely vandalizing it.

#metoo is a symbolic portrayal of resistance for demonstrating unsung sexual harassment at work place.There is considerable improvement in standing of women’s professionally. But still the male psyche towards female “Being Female” in the same proportion.

Men (Not all) take the garb of, “Something for something” or “this for that” repercussion of refusal can be well understood……………………..

A lot of hue and cry is raised since Tanushree Dutta shared her terrifying experience- Reason a very respectable name in the industry known for his talent and hysterics was pointed finger.

Supporting a woman/women who somehow after years muster courage to share her/their trauma is Questioned, Why?

I read a statement in the media of Actor Annu Kapoor, “ why are you holding media trial? Just go to the police and prove your point.” He said she will get resolution of her problem from the court of Law.

Let me ask him don’t you know how much time the whole process of investigation takes. Though Criminal Procedure Code prescribes period of limitation for completing the investigation. But seldom investigation is completed in the stipulated time.

Indian Penal Code (IPC) has provisioned punishment for sexual overtures under:

Section 354 (A): A man committing any physical contact, advances involving unwelcome and explicit sexual overtures; or demanding or requesting sexual favours; or showing pornography against the will of a woman; or making sexually coloured remarks, shall be guilty of the offence of sexual harassment. (Punishment: Rigorous imprisonment for a term which may extend to three years)

Section 209: Obscene acts in any public place, singing obscene songs to the annoyance of others (Punishment: Imprisonment for a term of up to 3 months or fine, or both).

Section 509: Uttering any word or making any gesture intended to insult the modesty of a woman. (You cannot call her “mast”.) Punishment: Imprisonment for 1 year, or fine, or both.)

And

There is a specific Act to prevent  Sexual Harassment at Workplace known by the name The sexual Harassment of  Women at Workplace(Prevention, Prohibition and Redressal) Act, 2013:

Under the Act, sexual harassment includes:

a) Physical contact and advances (so, you can’t touch someone inappropriately and think I am innocent because, you know, I didn’t rape)

b) A demand or request for sexual favours

c) Making sexually coloured remarks (so, no sexist jokes or misogynist humour)

d) Showing pornography

e) Any other unwelcome physical, verbal or non-verbal conduct of sexual nature.

Under the Act, the below five also count as sexual harassment:

a) Implied or explicit promise of preferential treatment in her employment.

b) Implied or explicit threat of detrimental treatment in her employment

c) Implied or explicit threat about her present or future employment status

d) Interference with her work or creating an intimidating or offensive work environment for her (for eg., the St. Stephen’s College sexual harassment case)

e) Humiliating treatment likely to affect her health or safety.

But do the women come out in the open to share their share of sexual harassment at the work place. Answer is Big No. The legal process is not so simple that here you submitted your application of grievance and there you get the justice(instantly)  So many complexities are involved in the whole process, right from the registering of the grievance with police, to process of investigation, to submission of charge sheet or Final Form before Concerned Court, to issuance of notice/summons for appearance before magistrate to process of trial that majority hesitates to speak out.

Justice solely depend upon the evidence before the court. Don’t want to stress upon the Fate which is meted to the evidence.

Now coming to the point, it just because Tanushree didn’t vehemently stress her trauma does not mean she has lost her right to speak to bring the facts before the world.

There are many factors which goes at the back of the mind of the victim which restrain her from sharing: It requires

  1. Tremendous Courage is required

  2. Support System (Mentally) at the back

  3. Mentally tough to face the aftermath i.e. Questions bombarding from all quarters (this is happening currently.

  4. Tremendous Confidence as many feel helpless to share.

It is not just Tanushree  Dutta or Nayani Dixit or Vinta Nanda or Kangana Ranaut or Amyra Dastur or Sandhya Mridul who have come out with their share of experience of sexual harassment at work place but there is whole lot of working woman who are not celebrity, for various reasons (social, economical) didn’t come out to speak for themselves and expose the guilty.  

It’s a shock to know to know that big names have come to the limelight  Nana Patekar(Actor), Sajid Khan(Director), Alok Nath(Actor), Kailash Kher (Singer), Vivek Agnihotri(Film Maker), Gaurang Doshi(Producer) Vikas Bahl(Director), Chetan Bhagat (India’s Top Selling Author), M J Akbar (Minister of State for External Affairs), Rajat Kapoor(Actor), Aditi Mittal (Standup Comedian), Utsav Chakraborty (Comedian), Varun Grover (Lyricist and writer), Raghu Dixit (Singer) and the name will continue to add in the series #metoo.

Tremendous guts are required by a female to share her terrible trauma it goes both for known names and for unknown names. When the aforesaid female celibrities took years to come out with their traumatic experience than it could be well imagined what will be the trauma of lesser known professional females.

Our place of work is second home as we spent major part of our daily life at our work place if our work place/second home becomes unsafe/shady than how we are going to justify the slogan, “encourage woman to become independent and self reliant”. It’s the responsibility Team head everywhere to take care about the safety of the women’s than only they can give their 100%

 

 

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Seema Bhatnagar November 22, 2018
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