Re: [Goanet] Sexual harassment case at Goa Cable News Channel takes a 'Tehelka' turn
Dear Reena, Enjoyed reading your post. You are my vision of a good journalist ie One who Thinks, Researches, Questions-self of the points written and Accepts contra-comments if any. I regret that we currently do not have too many Goan journos who are like you, Olga Tellis and Pamela D'Mello. My comment on a few of your points: RM 1: The story does not carry quotes from the ‘victim’ and ‘perpetrator’ but it is insufficient to prove that Mayabhushan has not spoken to (or known) them. jc 1: Until Mayabhushan (MB) specifically confirms or denies that he knows and/or has had personal dealings with either or both of them, it is safe to assume (until proved otherwise) that MB knows the alleged perpetrator personally. == RM 2: As we have seen, time and again, news of such incidents only cause the woman victim untold grief. There is curiosity about her identity, character and antecedents, and even before a formal complaint has been filed, the jury is out and her name is made mud. jc 2: Absolutely ! No IFs and BUTs about that. == RM 3: The Sexual Harassment of Women at the Workplace (Prevention, Prohibition and Redressal) Act, 2013 jc 3: A rambling Act which literally forces the 'aggrieved woman' to seek legal counsel. == RM 4: But good news, once again, comes as the Supreme Court’s judgement in B C Deva versus State of Karnataka, 2007, which puts the version of a rape victim above material evidence in proving the crime. jc 4: I do not believe that the above, as stated, is Good News. I know that there is Rape and tons of it in India and elsewhere. But, I submit that it is also very important NEVER to convict anybody of an unproven charge with Irrevocable consequences...ie Rape and Death Penalty cases. In the case of Rape and Sexual Harassment, one has to understand that False Accusations occur too! The Falsely accused too are branded for life. == For obvious reasons, I will NOT refer in a public forum to my own professional experience with a number of cases at a SC level, but invite you to THINK back to the case of the unfortunate Goa College of Arts chaps who were wrongly accused, held in custody and ? beaten up. We could ALL agree, could we not? that there are sickos among guys as well as gals. Is there an Act which protects young men from being sexually harassed ? Unless 'we' believe that Young Men are unlikely to be sexually harassed ! So...Is the 2013, until amended, constitutional? Is believe that we need a lot more education for ALL of us. Inter alia, we must advise our people that (a) Sexual Harassment is real and occurs at work as well as at home (b) We should do ALL to prevent that from happening by avoiding situations which trigger these tragic and destructive events (c) We all, including journos who report these stories, must understand that there are many facets to a story. SO, please VERIFY before you destroy lives. Some of these facets may include Instant Messages and Affairs or even make-believe (Generic statement; Not saying that any of this occured in this case) (d) There MUST be a shorter and more facile route from Occurence to Reporting to Resolution. Anybody, including 'attached' individuals can become infatuated and fall in love with anybody else. Sexual Harassment is NOT about love. jc On 17 August 2015 at 07:02, reena martins reenamart...@hotmail.com wrote: Dear JC,You’ve raised some pertinent questions, which would be best answered by Mayabhushan, but here are my two cents.1. The story does not carry quotes from the ‘victim’ and ‘perpetrator’ but it is insufficient to prove that Mayabhushan has not spoken to (or known) them. However, quotes do lend a story a certain credibility.2. As we have seen, time and again, news of such incidents only cause the woman victim untold grief. There is curiosity about her identity, character and antecedents, and even before a formal complaint has been filed, the jury is out and her name is made mud. Whether she is rendered unemployable is anyone’s guess. The ‘perpetrator’ on the other hand, is let off with a school masterly warning, not to mention a promising career. 3. But the good news is that the law does not regard such impediments as loosely as balcao talk.The Sexual Harassment of Women at the Workplace (Prevention, Prohibition and Redressal) Act, 2013, defines sexual harassment as acts (direct or implied) like: (i) physical contact and advances involving unwelcome and explicit sexual overtures; or(ii) a demand or request for sexual favours; or(iii) showing pornography against the will of a woman; or(iv) making sexually coloured remarks; or(v) any other unwelcome physical, verbal or non-verbal conduct of sexual nature. Punishment: 1-3 years of simple or rigorous imprisonment. 4. Under the above Act, organisations are supposed to appoint their own Internal Complaints Committees, but in case they haven’t, the complainant can approach the Local Complaints Committee appointed by the District Magistrate or Collector. If she is unable to
Re: [Goanet] Sexual harassment case at Goa Cable News Channel takes a 'Tehelka' turn
Dear JC,You’ve raised some pertinent questions, which would be best answered by Mayabhushan, but here are my two cents.1. The story does not carry quotes from the ‘victim’ and ‘perpetrator’ but it is insufficient to prove that Mayabhushan has not spoken to (or known) them. However, quotes do lend a story a certain credibility.2. As we have seen, time and again, news of such incidents only cause the woman victim untold grief. There is curiosity about her identity, character and antecedents, and even before a formal complaint has been filed, the jury is out and her name is made mud. Whether she is rendered unemployable is anyone’s guess. The ‘perpetrator’ on the other hand, is let off with a school masterly warning, not to mention a promising career. 3. But the good news is that the law does not regard such impediments as loosely as balcao talk.The Sexual Harassment of Women at the Workplace (Prevention, Prohibition and Redressal) Act, 2013, defines sexual harassment as acts (direct or implied) like: (i) physical contact and advances involving unwelcome and explicit sexual overtures; or(ii) a demand or request for sexual favours; or(iii) showing pornography against the will of a woman; or(iv) making sexually coloured remarks; or(v) any other unwelcome physical, verbal or non-verbal conduct of sexual nature. Punishment: 1-3 years of simple or rigorous imprisonment. 4. Under the above Act, organisations are supposed to appoint their own Internal Complaints Committees, but in case they haven’t, the complainant can approach the Local Complaints Committee appointed by the District Magistrate or Collector. If she is unable to come forward and write out a complaint, the Local Committee is supposed to assist her with it. 4. But as we’ve seen, stigma and humiliation (heaped by both men and women in society) deters women victims of sexual abuse from filing formal complaints. Our courts are also to blame for the shoddy and insensitive manner in which they handle these victims during proceedings. But good news, once again, comes as the Supreme Court’s judgement in B C Deva versus State of Karnataka, 2007, which puts the version of a rape victim above material evidence in proving the crime. Regards,Reena From: cola...@gmail.com Date: Sun, 16 Aug 2015 07:31:20 -0400 To: goa...@goanet.org CC: goa-book-c...@googlegroups.com Subject: [Goanet] Sexual harassment case at Goa Cable News Channel takes a 'Tehelka' turn I am sure that every reasonable person among us (and the 'lady in question') would want to file a complaint and bring the perpetrator to justice. I hope there is a fair structure for this to happen. My concern, however, is related to the manner of Mayabhushan's intervention. Here are my questions: 1: Do MB and the alleged perpetrator or alleged victim know each other, personally? 2: Has this publicity helped or hurt the alleged victim financially, emotionally and socially? 3: Has it damaged her chances of securing future employment elsewhere ? jc
[Goanet] Sexual harassment case at Goa Cable News Channel takes a 'Tehelka' turn
The danger of false allegations. http://timesofindia.indiatimes.com/india/India-stands-alone-on-name-shame-policy/articleshow/48498166.cms --- India stands alone on ‘name shame’ policy Atul Thakur,TNN | Aug 16, 2015, 02.50 AM IST NEW DELHI: The government's announcement that it would maintain a publicly available database of sex offenders is being portrayed as a significant step in addressing the threat posed by criminals whose crimes largely go unreported and hence encourage them to repeat the offence. It also addresses the general perception that such criminals tend to repeat their act and hence need to be monitored. A look at laws in other major countries, however, suggests that only the names of convicted offenders are required to be listed. In many cases, the public at large does not even have access to this database though the police do. A 2014 report of the office of sex offender sentencing, monitoring, apprehending, registration and tracking (SMART), the US government agency to monitor such crimes, states that such registers are maintained by at least 19 countries including the US, the first country to pass a national sex offender registration law in 1994. Other major countries that have similar laws include the UK, Canada, France, Germany, South Africa and South Korea. According to the report Austria, Finland, Israel, Malaysia, New Zealand, Switzerland and UAE are among many countries that have considered or were considering such laws. A study of conditions of registration as sex offender in the US, UK, Canada and Australia shows that it is mandatory for those convicted for certain sexual crimes to register themselves in the sex offender database. Typically, the offenders are classified in various categories depending on the seriousness of the offence and the perceived threat to society. In the US, there are three levels of registered sex offenders. Following their release after the conviction, sex offenders are required to register with the community's division of criminal justice service, which examines their case. Depending on factors like the use of force, victim's age, number of victims, use of weapons, alcohol or drugs to assault the victim, offenders are classified into level 1, 2 or 3. Level 1 offenders are people who are considered the least likely to repeat the crime. Level 3 is the classification given to those judged most likely to commit the crime again. Offenders are further classified as 'sexual predator', 'sexually violent offender' or 'predicate sex offender'. Level 1 offenders, if not classified in the above three categories, are required to register themselves for 20 years. Level 2 and Level 3 offenders along with people classified as predators, violent offenders or predicate offenders have to register themselves for life. Failing to provide information of their whereabouts to the register is an offence punishable with imprisonment for up to ten years. Other countries too have levels of classification and registration periods for sex offenders. In a majority of the countries that maintain sex offenders' registries, the database is not publically available. For instance, the UK, Germany, France, Canada and Australia don't maintain a publically available database. The monitoring is done by informing the local police and community leaders when a person convicted of a sexual offence starts living in a particular community. Times View The home ministry's proposal to 'name and shame' those charged for sexual offences by putting their names in the public domain runs completely contrary to the principle that underlines our justice system - the accused are presumed to be innocent until proven guilty. Other countries too have a system of making the names of sexual offenders public, but nowhere is this done prior to conviction. The reasons are obvious. A person charged with a sexual crime may ultimately be judged innocent by the courts. How fair would it be in such cases for his reputation to have been badly tarnished in the meantime? The ministry's suggestion that where this happens the name can be taken off the list does nothing to redress the damage done. It also needs no great imagination to see how such a system could be badly abused by people out to settle scores with one another. It's an idea that needs to be amended before it is rolled out. =
[Goanet] Sexual harassment case at Goa Cable News Channel takes a 'Tehelka' turn
I am sure that every reasonable person among us (and the 'lady in question') would want to file a complaint and bring the perpetrator to justice. I hope there is a fair structure for this to happen. My concern, however, is related to the manner of Mayabhushan's intervention. Here are my questions: 1: Do MB and the alleged perpetrator or alleged victim know each other, personally? 2: Has this publicity helped or hurt the alleged victim financially, emotionally and socially? 3: Has it damaged her chances of securing future employment elsewhere ? jc
[Goanet] Sexual harassment case at Goa Cable News Channel takes a 'Tehelka' turn
Sexual harassment case at Goa Cable News Channel takes a 'Tehelka' turn Today's development in the sexual harassment case involving a top anchor of a popular local cable news channel, somewhat puts the episode alongside the Tarun Tejpal incident of a couple of years ago. Like Tejpal allegedly confessed to his colleague (in the former Tehelka editor's case, it was in writing*) and apologised for his alleged misdemeaour, the top anchor, also a senior print media journalist, on Saturday, tendered an apology to the management vis a vis sending sexually explicit messages to the victim, a woman employee at the news channel. The apology was tendered to the members of the management and a senior editorial staffer and not to the victim, who has had to quit her job, after complaining about the sexual harassment by the top anchor earlier this week. And in what appears to be a sham of a procedure conducted by the channel's management, the top anchor was let off with a 'final warning' against such committing such sexual advances in the future. Several aspects emerge from today's development. 1) The apology tendered by the anchor, virtually confirms the guilt and validates the complaint of the victim. 2) In Tejpal's case, the former editor in chief's allegedly 'confessional note' -- in writing -- to the victim and his management colleague, is believed to have paved way for his arrest. Back then the Goa Police acted with rare alacrity and suo moto conducted a preliminary enquiry based on media reports. A First Information Report subsequently followed. His was a case of alleged sexual assault, rape. In this express case, the only evidence which is currently in possession of the channel's management for now, are the sexually explicit messages sent by the top anchor to the victim. And the apology has been tendered to the management and not to the victim. 3) It is also clear that the channel's management did not abide by the Vishakha guidelines, prescribed by the Supreme Court, while dealing with sexual harassment cases at work place. The management according to the Vishakha guidelines, has no power to condone or accept apologies because it has no authority to arbitrate such cases. So by asking the top anchor to apologise and issuing a final warning in a case of sexual harassment, they have violated the directions of the Supreme Court in letter and spirit and can also be held accountable. 4) Like in earlier sexual harassment cases at the news channel, which also has a print wing, in this case too, the victim has quit the job given the circumstances. Sources close to her insist that she wants the job back, but there has been no move by the management to facilitate that. 5) From the manner in which the management chose to 'settle' the sexual harassment episode, it appears that it is 'case closed' from their end, citing, what they claim is lack of a formal complaint by the victim. The news channel's management has refused to acknowledge the explicit messages as a complaint by itself. So guys, what do you think this ought to be the end of the story here? ends * http://www.ibnlive.com/news/india/the-complete-email-trail-of-the-tarun-tejpal-sexual-assault-case-653191.html http://www.ibnlive.com/news/india/the-complete-email-trail-of-the-tarun-tejpal-sexual-assault-case-653191.html
