Thread by @UngenderTalks

Hey @NetflixIndia , you got a lot of things wrong about the #posh investigations in #bombaybegum screenplay. To ensure that naive public does not believe the legal process as shows, we have highlighted the corrections in the process. (a thread)

1. Involvement of the CEO! [Huge Violation]
From the beginning to the end of the sexual harassment proceedings, the CEO was present and involved. We see her at the time the complaint is being filed.

She’s spotted again at the time the Harasser asks her to “take care of it” as he helped her through a difficult time in the company in the past. We also see another board member asking her “to take care of it” to both of whom she said she will take care of the situation/case.

The investigation is sacrosanct and as per law it is to be conducted only by the presiding officer and other quorum members. The employer’s job is to implement the final recommendations of the Internal Committee. They’re not supposed to be present in the investigation.

2. Presiding Officer – Bias and Conflict of Interest
As humans, when asked to choose between two persons, will subconsciously side with and believe the one we know well as opposed to the one we don’t know well, even if they are in the wrong.

However, while being a presiding officer of a sexual harassment complaint this inclination towards the person they know rather than being neutral is the beginning of an unfair proceeding.

The PoSH Law mandates the investigation to be conducted as per principles of natural justice, which encompasses many aspects including a fair and unbiased proceeding.

It is essential that to ensure a fairness and impartial proceeding, every member chosen to be part of the quorum must declare that they have no personal knowledge or interest in the matter. Any member who cannot declare their fairness must be removed from quorum.

3. The Office Wildfire – Breach Of Confidentiality
The news about the complaint spread like the gender reveal fire in California. Everyone in the office knew! Board members knew, her colleague cum friend cum flat mate knew! There was a serious breach of confidentiality.

Confidentiality is the first cardinal rule of the proceedings and a punishable offence under PoSH Law. As soon as there is a breach of confidentiality, the IC is required to investigate and report to the employer.

4. Witness And Their Testimony – Only Supplementary, NOT Crucial!
In the series, the Witness, out of personal reasons, withdraws her testimony.

On basis of such withdrawal, the Associate was intimidated by the Presiding Officer that she had no case and should withdraw the complaint as action could be taken against her for filing a false complaint.

This action of the Presiding Officer goes against principles of such hearings. The case does not rest on the fact that they have been able to bring a witness forward to corroborate. More often than not, such incidents happen behind closed doors or in secluded places.

In such cases, the complainant’s testimony is self-sufficient and should be judged by the standard of proof applicable to such proceedings which is ‘preponderance of probabilities.’

5. Gaslighting, Threatening And Intimidating
Last but not the least, the Associate at various points was gaslit, threatened, and intimidated. These actions were retaliatory and that of disbelief on the part of the Presiding Officer and members who interacted with the Associate.

There haven’t been many conversations on sexual harassment at work in recent pop culture. It’s great that Bombay Begums addressed the issue and we understand that things need to be a certain way to serve the plot in a drama series.

Read the detailed text here: ungender.in/5-things-netfl…