Latest Netflix show, Begums of Bombay is the most apt answer to why we need to look into the complaints of sexual abuse at work and the need of sexual harassment committees at workplace.
For those of you who haven't watched the show
In episode 4, Ayesha, an employee of the bank, was RAPED by Deepak Sanghvi, employed at senior level, a typical example of sexual harassment at workplace. Not to my surprise, and as it would happen in reality, Ayesha was scared to file a complaint against Deepak until she was given the strength by people around her and when she heard that he did it to other people in the office. Deepak is an old employee, friends with Fatima on one side and Ayesha is a new employee who was just fired and rehired for the job.
Now back to episode 1,where Fatima, a woman employed at senior level, was made the presiding officer of the Internal Complaints Committee against sexual harassment. What was missing from the ICC all this time was an external member (lawyer, social worker etc). And less to their and world's knowledge they did not have a proper ICC and on how the complaint of Ayesha was handled by Fatima, the 'so-called presiding officer' is the exact reason why we need to have proper ICC in the corporates that follows all the legal mandates especially that of an External Member, that the corporates conveniently ignore.
The filing of the complaint, which by the way is done by the other employees of the company, who obviously would have a soft corner for Deepak, they have the image of him as a family man, especially Fatima, who thinks very highly of him as a mentor, and who didn't blink an eye before humiliating Ayesha by saying, "He has a family you know, but why would you care about that", on the pretext that that they had an affair. (makes me angry, but I am gonna put that aside for now, because this is gonna get worse). So courteous of Fatima, to stand up for Deepak. Yes Fatima, 'Deepak has a family, and he should take care of it and not fall into these traps of affairs with young women luring him, he is naive, you know’
So this system of dealing with sexual harassment at workplace somewhat becomes are an internal family matter and you know no actions ever are taken in family matters.
Before I start with what’s problematic about how this issue was handled and it concerns me because it is not mere fiction, it's the exact depiction of how sexual harassment complaints are handled in offices.
The legal mandates of ICC are:
Female Presiding officer from senior level
Two employees from members
One external member, preferably, related to the legal field, who will supervise all the complaints.
The report of how the complaint was dealt with has to be forwarded to DM
Accused to be transferred/suspended while the investigation is carried on.
External member from legal field
The External member ensures a fair investigation with the complainant, especially when it comes against the friends of the company like that of Deepak and absence of the external member can be a disaster.
First, what was done to Ayesha by Deepak, was digital RAPE, and it was very conveniently termed as Sexual harassment, because I don't expect a banker to know the difference,
No 1 reason why the external member should be from the legal field.
Complaints ICC has power to investigate
Second, ICC can only deal with sexual harassment complaints. If it's a rape, they are required to intimate the police.
Which obviously would not happen if someone doesn't know the difference between Rape and sexual harassment.
The punishment for sexual harassment is 3 years and for rape is 10 yrs. That's how much of a difference your ignorance makes.
No 2 reason why you need legal expert to know the difference between harassment, voyeurism, stalking, outraging the modesty and rape.
The kind of questions not to ask.
Please learn from Fatima about it. As a Presiding Officer, she was the worst at her job and asked all the wrong questions in the world she could. Like, ‘so you have an affair with Ron’?, ‘oh you seem to be making a lot of friends around the town, at work’. ‘Is this a tiff between the lovers?’ ‘ Don't make this affair an assault attack’. ‘It all makes sense now, Deepak rejected you and now you are doing this to get his attention.’
I wish I could say it doesn't get any more insensitive than this, but it does.
She did not let her finish her sentences.
‘How much did you have to drink? (pretty stereotypical).
And then they doubt her, if she was drunk to discredit her.
If they were lawyers, they would have known, if they doubted that she was drunk, they would have taken it more seriously (because no one can give their consent in a state of intoxication, which is law, but I won’t expect a layman to know that).
‘Did you tell others, if not why not?’
I mean, if you have been a victim ask yourself how hard it is to tell others, even to your closest friends. Looks like very privileged, Fatima never went faced sexual harassment in her life. And so on, pretty much all she could say to humiliate and make Ayesha doubt herself.
Victim Blaming
Which is what happens with victims, with victim blaming, the victims begin to question themselves, begins to think it was their fault, they lose their confidence, they become vulnerable, becoming vulnerable makes them more prone to sexual harassment in future as the offenders recognize people with low self esteem. The amount of mental harassment that victim blaming causes cannot be calculated and it should not be tolerated at any point.
No personal questions
Asking extra personal questions that has nothing to do with the case, like ‘Are you in relationship with Ron?’, ‘Is that why you are living with him?’. Going off topic to not talk about the incident and do more character assassination of the victim by saying things like ‘I have worked with Deepak, he is not a sexual predator’. Hey Fatima, quick question: What does a sexual predator look like? I will tell you, they have one face with two eyes and nose and mouth and they often come in fancy clothes.
How it was dealt was CEO, Rani
Well, she hushed one previous complaint against Deepak in the past, so it gives all the more reason to believe Ayesha, but let's see what she does. "All of us uses our feminine assets to get where we want’, 'Things got too far, more than one intended', 'One must know when to forget and when to move on'
She threatens to fire heroffers her the dream job at the company, under Mr. Very family Man, Deepak.
. Deepak is an important asset to the company, and they don't take into consideration the cost of mental harassment, they only look into profits and the person who makes the company money. Deepak is that person, so why would a big company fire Deepak and face huge losses for some lower level employee? Victims don't even matter to corporates.
So pressure reigns in from board members to sort this issue ASAP. By sorting this issue, they mean make it go away without even getting into the investigation whether the complaint is genuine or not.
I mean, sexual predators don't come in villain figures, so they are welcomed more than the victims. (* I am smashing walls at this time*)
No 4 reason why the external member is important because a regular employee is as important to them as a senior employee. For them the mental harassment of the victim matters as much profits of the company.
If this is happening in an office led by women, imagine what would happen at a workplace with no women in power or senior post. How would male employees deal with victims of sexual harassment? What questions would they ask? Can't even go there.
Do you want to know how the show ends?
Deepak ended up in Jail. But that’s not important, it’s always a happy ending in Bollywood.
All the women had an enlightenment and they called the police, which is exactly what the law asks you to do in the first place. Moreover, Rani finally called what happened to Ayesha ‘A sexual assault’ which is also the right term for it and right legal term would be Rape under Section 375 IPC. I am glad the show makers did their research.
However, not all victims are lucky that their senior employees had an eye opener to finally help the victim. In fact, in most cases, this is how a complaint is dealt with. No one gets a sudden enlightenment to help the victim. All we see is power people getting away, victim blaming and their cost of careers.
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