Thread by @Filmwali

We're attending this and looking forward to learning a lot. You can watch it live on the Screenwriters Association of India's Facebook page: facebook.com/swaindiaorg/
@swaindiaorg

#SWA #MeToo #SexualHarassment #Workplace

1) This is a civil law, not a criminal law. That means the victim does not have to go to the police. The law says that any organisation with employees above ten employees need to implement the internal committee. This looks into the complaints and conducts an inquiry.

2) The presiding officer of the committee is a senior female employee. The minimum of four members and mostly less than ten. The complainant does not have to be officially an employee. The third-party can also complain. A customer, visitor can also lodge a complaint.

3) Any outsourced person/vendor can also lodge a complaint. An visitor to the workplace can also complain. You don't need to be an employee. The ambit is large. The definition of a workplace is also wide - it's not restricted to a geographical location.

4) Any professional commitment, like a dinner, a meeting, an offsite meeting also falls under the ambit of the law. This is a good law compared to other countries.

5) Does it apply to an email/message/phone call? As a freelancer what is the application of this law?

Yes, it does apply. Especially now, the home is a workplace and is applied there too. Online harassment or over the phone harassment is also covered in the law.

What is defined as sexual harassment?

AS: Defined clearly in the law. This law is progressive and includes a lot of things. For example, spreading rumours about a woman is also included.

1) Physically touching
2) Demanding or request of sexual favours.

7. 3) Sharing pornography and circulating sexually explicit content. Stalking/sending requests on Insta etc.

4) Physical, verbal and non-verbal. Non-verbal harassment is staring or "ghoorna". Dekhne mein aur ghoorne mein difference hain, between looking and staring.

8. 5) Depends on what the woman if feeling uncomfortable and unwelcome to her. No third person can tell her that she is conservative. If the woman feels uncomfortable, it is on her to complain. It is the complainant's subjective understanding of sexual harassment.

9. 6) The impact is important, not the intention. This law is only for women because the title is called sexual harassment law for women at the workplace. The question is what happens to trans women? This is a grey area. But if the person feels like a woman, they are women.

10. The film industry is so informal. What about consensual and romantic relationships? Is giving a compliment also harassment?

AS: No. I want to say that the aim of the law is not to do moral policing. It's for those women who find some sexual behaviour unacceptable.

11. What is consent? The gender stereotype that a woman's no is a yes, this is not the situation now. We are in 2020. If she's interested, she will say so. If not, she is not comfortable. She should say it clearly and consent has to be expressed. You cannot assume it.

12. If someone asks a woman to go out and she says no and he goes on asking it again and again, then that is also sexual harassment. Men have to understand the body language of the woman. In India, maybe it is tough for women to say no explicitly, they may show it on their face.

13. If someone is awkward and uncomfortable, then there is no consent.

Ketaki: Giving a compliment is a tricky one. A lot of men have asked this, how does a man know what is a compliment?

AS: The language you're using is important here. If we are using the word sexy or hot...

14. then it is different. Also depends on the rapport or intimacy with the person. If in the workplace you're using sexually explicit words, then it is harassment. Depends also if the person feels socially awkward, then it can be a complaint.

15. What is the situation? What is the context you're using these words? If we are in the workplace, we have to use words accordingly. People say that in the "media" and "we are free" doesn't justify this behavior. If the woman feels uncomfortable, then it is not acceptable.

16. Ketki: Laughing and smiling does not imply interest from the woman. One question is if he is staring, how do I prove it? What can women do to protect themselves?

AS: It takes a lot of courage to complain at the workplace because it's connected to your livelihood.

17. If the harasser is in a senior position, then it is very hard for the complainant and needs a lot of courage. The role of the committee is that every complaint is serious. You have to take it seriously, no complaint is trivial.

18. People also say "ignore him" and why is it a problem if he is "just looking". Complainants talk about "visual rape" as if my clothes are transparent. This is the problem with staring. Women feel they have no evidence.

19. You cannot go to a police like Bombay police, it seems like nothing. The committee's role is very important, they have to give it equal importance and evidence is not required. Usually other women confirm that the man was staring. And the perpetrator can be given a warning.

20. Ketki: What is the process of complaining?

AS: Complain immediately. Most of the cases are escalating. If you feel something is wrong early, raise a voice. Don't wait for it to go to a point where your livelihood is in danger.

21. If you are a working woman, you must have some idea of the law. Many people feel they won't experience harassment. We should be aware of our rights and complain on time.

We should make notes when it happened. Share that with our colleagues. That then becomes evidence.

22. You can send a text to a friend and also to that man who has done it. This also becomes evidence. They should learn to build evidence and set boundaries. As I said, our tolerance level is high. Women say "we didn't want to be rude". Be open about what you're feeling.

23. One of the things women have to learn is to say NO very clearly. The problem is we are trained to be soft and nice all the time. We are never taught how to say no. We have to learn that NOW. It is difficult to speak up when you've been told to stay silent so long.

24. Don't have to be rude, just be assertive and clear.

AS: I had a case where the reporting manager told the complainant that she has to sleep with the client. When the boss called her, she put on the call recorder and recorded the conversation.

25. And she presented that evidence. If it gets that bad, you can record evidence.

Can you physically retaliate?
No, you shouldn't. I would never recommend violence. In fact, if the complainant hits him, the respondent will go to the police station and register a complaint.

26. If someone is physically assaulting, then you can defend yourself. But you should register immediately.

Can you register complaints many years later?
No, that is not provided in the law. If you take a 10 year old complaint, it's very difficult.

27. Will I not be able to register it if not in 90 days?

AS: They have a provision of 3 more months. If the complainant was suffering psychologically, then encouraged by that, they complain.

28. What is expected of me after the complaint is registered?

AS: You have to verbally say what the written complaint was. The respondent is called. It's like a court in that way.

29. Your past history is not relevant and will not be enquired. The committee has powers to recommend. They can stop the respondent to stop taking appraisal of the complainant. Can give leave up to 3 months. Recommends compensation and penalty.

30. How long do the cases go on?

AS: You have to complete it in 90 days. The committee will recommend it to the employer and they will take action.

What if there is no action?
Complainant can always approach the outside court. They have a copy of the report.

31. You can appeal to the court if not happy with the penalty. The legal process can be done. The committee has a limit of 90 days.

32. How can we prevent harassment altogether?
AS: The responsibility is with the employer. Two things:

1) Mentality or attitude change is important. It's not about do's and don'ts. We are not school kids. Awareness about gender is most important. It's all related to gender.

33. 2) Workplace conduct: in general how should people behave? What is the etiquette? What is the organisation's culture? Women employees should be informed that complaints are welcome. Women should be actively encouraged to complain.

34. The messaging should not be "this is a waste of time". Prevention can only happen when a lot of women complain and there is a consequence to actions.

35. Men want to know how to protect themselves against a false complaint?

AS: I want to say that most policies in big organizations are open to men and women when it comes to complaining. You can complain under code of conduct.

36. First of all, there is no statistic of false complaints. Since 2013, there is no formal statistic of false complaints or misuse. It is rarely there. In the Indian context, if you scratch the surface, it is the same old misogyny.

37. People talk about misuse as if it is as easy as eating chocolate. It is not easy to misuse. Section 14 of the law says that this committee reports this is false, then there can be a penalty to the complainant. Also complain goes to many filters, like HR etc.

38. Complaint passes through many filters and reached the committee. The committees are also quite experienced. They are in existence since 1997. The enquiries are not on a gut level feeling, it has to be on paper. So if you want to misuse, it is not easy.

39. Men don't have to worry so much and be afraid of the law!

40. Sexual harassment is a form of gender discrimination. We look at the context in the enquiry also. Gender discrimination is a context to build it.

41. Why does sexual harassment happen?

AS: It's all to do with the mindset, the patriarchal mindset. It's the male supremacist tendency. It also could be a certain kind of workplace culture. What is the status of gender diversity at the workplace? Could be the nature of work.

Like the entertainment industry or the hospitality industry. But it is a mindset problem.

43. We have to respect each other's boundaries. You start treating colleagues like friends. Women, learning to say NO is very important. We have been taught to say yes, for our own protection, we have to learn to say no. We have to develop a sense of self.

44. Men need to be more aware of what is making someone feel awkward or uncomfortable. Maybe the men should not insist. Also, both men and women should understand the law. Legal literacy is required.

45. In informal workplaces, with one more person, like a writer-director, what should I do? With no colleagues to corroborate what happened.
AS: Very tough. Maybe police or local committees. Depends on the situation. Some kind of forum like SWA.