Self-immolation of a university student in Odisha has spotlighted failures in grievance redressal and support systems. Advocate Saswata Patnaik explains what went wrong.
00:00Coming to the Sexual Harassment Act, Sexual Harassment at Workplaces Act, which came post-Kavishata guidelines, has been a widely circulated and widely discussed and debated act today.
00:22And most of the organizations or establishments today have internal complaint committee, which they should, because unless you don't have an internal complaint committee in an organization, it's a punishable offense. The state can impose penalty on you. So every organization is supposed to have an internal complaint committee.
00:44Now coming to the internal complaint committee, if anybody who encounters any kind of sexual harassment, mental harassment in the workplace, you know, somebody is creating a hostile atmosphere for you to work.
00:58And, you know, it's a woman can know when she's being sexually, sexually, somebody is making a sexual advance at her, somebody is showing an absent picture, somebody is trying to take a sexual favor from her.
01:14So these things are very, may not be explicit in front of everybody, but yes, this can be made out. A woman can know when she's been targeted at. So whenever there is any such incident happens to you, you can straight go to the internal complaint committee if it's there.
01:30And if it's there, and if it's not there, you can straight go to the police and file an FIR against the erring person. Yes. Earlier, the scope of the FIR and the penal code was little limited, but post-Nebhaya 2013, the criminal code, the CRPC and the Indian penal codes have been amended.
01:51And it's the Indian penal code now has a series of offenses which have been included, like 354. Earlier, it was only 354A, which is outfraging the modesty of a woman. Now it's 34A, B, C, D, which involves stalking, voyeurism, you know, a number of offenses have been included now, which have a sexual flavor.
02:12So yes, you can go to the police, you can go to the women's commission, you can, you can approach, if the ISA doesn't listen to you, you can go to the SP, the SP doesn't listen, you can go to the DGP.
02:24I mean, I, today the legal system or the judicial system is very transparent and very, it's very, it's not that there's only one forum where you go and you lose and you lose faith in the entire system. It's not like that. There are so many avenues open to you to redress, for redressal of your grievance.
02:43So, taking such a drastic step, I think, was a little, little more early and impulsive. She should, of course, I have not intently followed the case, Balrissar case and what actually led to the girl to self-immolate herself. I'm not in a position to say so.
03:01But yes, if she has done this on a rebound, if she had earlier approached the principal and had applied some of the authorities regarding this, then yes, I would say the authorities or the principal should have taken a more proactive role and taken some proactive steps to stop this kind of, this untowardive incident or this unfortunate incident, if at all they had.
03:31And as far as committing suicide is a concern that she attempted to commit suicide, that actually we are not aware, I am not aware at what circumstances, whether she had actually approached anybody before that or she had, there was a discussion with the principal with that or not, that part I'm not clear.
03:53But nevertheless, you know, I feel that as a woman, you should be strong enough to encounter or to confront every situation and then have little patience to pursue it.
04:06You know, what we expect is, you know, what we expect is, I give a fire, I give a complaint, there should be some immediate action.
04:14Oh, there is something called a, you know, called a little investigation, a little inquiry which has to be done.
04:20Somebody, something just because you have come and complained against somebody, it just cannot be picked up and taken into custody or taken, or be taken to task.
04:28So, it's an inquiry.
04:29An inquiry.
04:29An inquiry.
04:29An inquiry.
04:29So that is what the internal complaint committee is.
04:32It's a fact-finding body.
04:34They will enquire into the matter, they will find out the truth or find out what went into it.
04:43They will take down reports or take down enquiry from the persons who have a lightening knowledge about all these things.
04:51and then they will come to a conclusion whether this thing has happened or not
04:55after which they will forward the report to the disciplinary authority
04:59or the higher authority to take and they will recommend punishments for that
05:02if you are not happy or if you are not satisfied with the internal complaint committee report
05:07you have every liberty to approach the police and file an FIA
05:11and the police is bound to take an action
05:15yes and if the police is not investigating properly
05:18if the police is not doing its job
05:20you can file a complaint case before the SDJ
05:25where you can put in all your grievances
05:28and the SDJ will either direct the police to investigate the matter
05:32or will himself conduct an enquiry and suppresses to the erring person
05:39so there are ways and means to address a problem
05:43rather than taking such drastic steps
05:45having said so also I think the principal and the authority should have been a little more sensitive
05:51and a little more empathetic towards what she was saying
05:54and would have tried to find out give her a little assurance that yes we are trying to find out whatever you are saying
06:00or I don't know I am not in a position to say what because I really don't know what has happened on the ground level
06:07so I think that is why I am saying this is a very vulnerable age the girls are going through
06:16it is a very difficult time you know like social media, the family, the peer pressure, everything is so
06:23it is such a complicated world that we are living today in
06:27so some vulnerability gets into your mind and you don't tend to think before you act
06:37so here I also think that it is high time we have psychological counsellors in schools and colleges I don't know
06:49but I think in technical colleges and colleges and in every institute should have now psychological counsellors
06:56as well as legal counsellors
06:59a legal counsellor is more important today because when somebody is encountered with such
07:03when you have made certain acts as punishable under the Indian Penelope Code
07:07then the girls or the students have every right to know about it
07:11they should be aware they should be made aware of it
07:14just making a law is not important its implementation is also should be
07:19implementation and execution is also equally important
07:23so I think legal counsellors because for the young student to go out and find a lawyer to get a proper guide
07:31a proper guidance regarding a case is very difficult so if you have legal counsellors you can approach them
07:37they will guide you what legal steps to be taken and in that and maybe we will not lose some precious lives that we have already
07:49people who have become frustrated with the system but my suggestion to the younger generation that don't get frustrated
07:59some things need less need time and so you have you have to give a little patience
08:06and be a little patient and wait for the result then being impulsive and as a lawyer if you ask me for red flags in
08:18in sexual harassment at workplace offices is anything that you feel is not right or something is not being done in a
08:28in an appropriate manner if somebody is showing you any oops in pictures if somebody is you know giving you
08:36indecent gestures or somebody is just trying to be physical with you somebody is trying to you know touch you
08:46inappropriately or even if trying to give a friendly touch also if you don't like it
08:51you can just you know convey your thought to that person and if it continues you can take it a little ahead to the ICC
09:03any any any behavior that makes the environment hostile or that makes the environment uncomfortable for a woman to work
09:13peacefully peacefully and comfortably can be can be taken into the purview of sexual harassment at workplace
09:21but yes some sexual intent has to be there just you know that I know there are instances where people have
09:29come if somebody is not working in a proper manner I mean I'm she's reprimanded by the boss
09:35the why you've not done this work why you've not done this job but why have you not done it properly
09:41then these have also been you know included in the sexual harassment
09:45I think that's not right sexual harassment at workplace is any behavior with a sexual intent
09:53in the administrative capacity if your boss if your employee is saying something to do
09:57you have to differentiate that if it is done with an intent you know to harass you to obtain some
10:05sexual favor from you to blackmail you or to you know pressurize you to do something with the intention
10:11of getting some sexual favor from you then you are at liberty to you know file a case or go to the intent
10:17complaint committee but having said so now that we are working in a atmosphere where our workplaces are so
10:27congenial nowadays because boys and girls working together you know they are so friendly so at times you never know
10:33you know you know this pat can also be can also be offending at times you know if you even appropriately pat somebody
10:43in an inappropriate place that may not be taken taken down well by the person so there is a very thin line of difference
10:53between you know like between friendly gesture and a sexual gesture so one has to be very
10:59I don't think I don't think it is at all difficult to differentiate between a friendly gesture and a
11:05sexually intended gesture a woman will definitely come to know when she is being sexually targeted at
11:11so any kind of any kind of if if you know if people are talking malicious maybe somebody is trying to
11:19malign your reputation in the department or in the organization where you are working by saying
11:25feel this thing about your reputation or your you know like your character that also encounters that
11:31also can be coming to the purview of sexual harassment
