Let us talk about Ethics in the Arts and what we must do to nurture Safe Environments for the Arts ( Part 2)�Prepared by Dr. Arshiya Sethi & Somabha Bandopadhay

Sexual Harassment and the possibility of Suicide�In an article “Sexual harassment and suicide”an article written by Urmimala Sarkar, professor of medicine( University of California, San Francisco),  Shirin Hemmat, chief resident—internal medicine and Eleni Linos, Professor of dermatology and epidemiology ( both from Stanford University, Stanford, California) published on 2^nd September, 2020, declared Sexual harassment as “a serious public health problem and workplace hazard”. �The authors’ findings are consistent with previous studies of sexual harassment. Although estimates vary, sexual harassment is highly prevalent. Other studies have identified serious physical and mental health sequelae of sexual harassment. Sexual harassment also leads many to leave their employment, leading to substantial financial stress. This financial stress resulting from sexual harassment is comparable with financial stress from serious injury or illness. Based on these findings, experts have deemed workplace sexual harassment an occupational health risk. This new study adds weight to this argument��BMJ 2020;370:m3330

Suicide- A call for help- LISTEN�Don’t try and call the bluff�Anticipate & Create listening mechanisms- eg. �1. Caring- sharing box�2. Look for warning signs�3. Talk empathetically to the person about his/her feelings�4. Get professional help�5. Involve the family ( sometimes family is the cause)�6. Don’t leave the person alone�

STRESSES INCREASE IN UNETHICAL ENVIRONMENTS��Examples of the subtle compromise of ethics �( Naitikta se samjhaute ke kuchh aur udharan)��1. Financial misconduct- Payment nahin dena, latka ke rakhna, ‘kickback’ mangna�2. Favouritism- Pakshpaat�3. Manipulations - Chhal yoji jod tod karna�4. Misuse of authority- Adhikar ka durupyog�

4. Kisi bhi prakar ka utpeedan �darana,� dhamkana, �comparisons- tulna karna, �‘Body shaming’; �controlling/policing- niyantran/ bandishein�trivializing/ infantilizing- Mahatvaheen, �divide and rule- phoot dalne ki nitiyaan�public castigation- phatkarna, �stigmatization- dosharopan,�imposing emotional guilt- bhavnatmak atyachar� �

Utpeedan ka bahut ghinona udahron�Sexual harassment (Yonn soshan)��Iss prakar ke soshan se ladne ke liye hamare paas ek bahut kada kanoon hai jo peedit ko sashakt karta hai��Prevention of Sexual Harassment of Women at Workplace Prevention Prohibition and Redressal Act of 2013

Pehle mein aap ko kuchh udahran doongi�aur phir mein Somabhaji ko kanoon ke baare mein batanein ko kahoongi�Sparsh + Shabd + Sanket�1. Shabdon ka jaal…�2. Akele milna hai…�3. Shringaar scene ka kayi baar reherasal�4. Paisa bachane ke liye ek kamre mein…�5. Tumein mein dance group ka solo star… �6. Buri nazar se ghoor ghoor kar dekhana�7. Mere saath nahin aaogi to mein badnaam karoon�� ��

Bhanwari Devi ki Kahani and how her rape became a human rights issue resulting in India’s sexual harassment laws 21 years later��

POSH ACT

• SEXUAL HARASSMENT= includes any one or more of the following unwelcome acts or behavior (whether directly or by implication) namely:— (i) physical contact and advances; or (ii) a demand or request for sexual favours; or (iii) making sexually coloured remarks; or (iv) showing pornography; or (v) any other unwelcome physical, verbal or non-verbal conduct of sexual nature (section 2 (n)).

POSH ACT

• PREVENTION OF SEXUAL HARASSMENT= The following circumstances, among other circumstances, if it occurs, or is present in relation to or connected with any act or behavior of sexual harassment may amount to sexual harassment:—
• (i) implied or explicit promise of preferential treatment in her employment; or
• (ii) implied or explicit threat of detrimental treatment in her employment ; or
• (iii) implied or explicit threat about her present or future employment status; or
• (iv) interference with her work or creating an intimidating or offensive or hostile work environment for her; or
• (v) humiliating treatment likely to affect her health or safety. (section 3 (2)).

POSH ACT

• WORKPLACE=
• (i) any department, organisation, undertaking, establishment, enterprise, institution, office, branch or unit which is established, owned, controlled or wholly or substantially financed by funds provided directly or indirectly by the appropriate Government or the local authority or a Government company or a corporation or a co-operative society;
• (ii) any private sector organisation or a private venture, undertaking, enterprise, institution, establishment, society, trust, non-governmental organisation, unit or service provider carrying on commercial, professional, vocational, educational, entertainmental, industrial, health services or financial activities including production, supply, sale, distribution or service;
• (iii) hospitals or nursing homes;
• (iv) any sports institute, stadium, sports complex or competition or games venue, whether residential or not used for training, sports or other activities relating thereto;
• (v) any place visited by the employee arising out of or during the course of employment including transportation by the employer for undertaking such journey;
• (vi) a dwelling place or a house; (section 2 (O)).

POSH ACT

• WORKPLACE=
• (i) any department, organisation, undertaking, establishment, enterprise, institution, office, branch or unit which is established, owned, controlled or wholly or substantially financed by funds provided directly or indirectly by the appropriate Government or the local authority or a Government company or a corporation or a co-operative society;
• (ii) any private sector organisation or a private venture, undertaking, enterprise, institution, establishment, society, trust, non-governmental organisation, unit or service provider carrying on commercial, professional, vocational, educational, entertainmental, industrial, health services or financial activities including production, supply, sale, distribution or service;
• (iii) hospitals or nursing homes;
• (iv) any sports institute, stadium, sports complex or competition or games venue, whether residential or not used for training, sports or other activities relating thereto;
• (v) any place visited by the employee arising out of or during the course of employment including transportation by the employer for undertaking such journey;
• (vi) a dwelling place or a house; (section 2 (O)).

OTHER LAWS ON SEXUAL HARASSMENT

1. Indian Penal Code 1860 (IPC)
2. Protection of Children against Sexual Offences Act 2012 (POCSO Act)
3. Protection of Women from Domestic Violence Act 2005 (DV Act)
4. Transgender Persons (Protection of Rights) Act 2019 (TG Act)
5. Juvenile Justice Act 2015 (JJ Act)
6. Industrial Employment (Standing Orders) Act, 1946
7. The Indecent Representation of Women (Prohibition) Act, 1987

Indian Penal Code 1860 (IPC)�

• The Indian Penal Code (IPC) is the general criminal code for India. It is a comprehensive code that encompasses all substantive aspects of criminal law.
• The code was drafted on the recommendations of first law commission of India established in 1834 under the Charter Act of 1833 under the Chairmanship of Lord Thomas Babington Macaulay.
• It has provisions on Sexual Harassment in various forms and categories= sections 354 to 354D; sections 375 to 376E and section 509.
• These are supplemented by the special laws.
• Punishment= 1 year to 20 years/life (overall on SH)

Protection of Children against Sexual Offences Act 2012 (POCSO Act)�

• An Act to protect children from offences of sexual assault, sexual harassment and pornography and provide for establishment of Special Courts for trial of such offences and for matters connected therewith or incidental thereto.
• Art. 15(3) + UNCRC gave rise to this legislation.
• 3 categories= penetrative sexual assault, sexual assault, sexual harassment.
• Punishment= 3 years to life.

Protection of Women from Domestic Violence Act 2005 (DV Act)�

• An Act to provide for more effective protection of the rights of women guaranteed under the Constitution who are victims of violence of any kind occurring within the family and formatters connected therewith or incidental thereto.
• Domestic violence=
• (a) harms or injures or endangers the health, safety, life, limb or well-being, whether mental or physical, of the aggrieved person or tends to do so and includes causing physical abuse, sexual abuse, verbal and emotional abuse and economic abuse; or
• (b) harasses, harms, injures or endangers the aggrieved person with a view to coerce her or any other person related to her to meet any unlawful demand for any dowry or other property or valuable security; or
• (c) has the effect of threatening the aggrieved person or any person related to her by any conduct mentioned in clause (a) or clause (b); or
• (d) otherwise injures or causes harm, whether physical or mental, to the aggrieved person.

Transgender Persons (Protection of Rights) Act 2019 (TG Act)�

• An Act to provide for protection of rights of transgender persons and their welfare and for matters connected therewith and incidental thereto.
• Section18= Whoever,—
• (a) compels or entices a transgender person to indulge in the act of forced or bonded labour other than any compulsory service for public purposes imposed by Government;
• (b) denies a transgender person the right of passage to a public place or obstructs such person from using or having access to a public place to which other members have access to or a right to use;
• (c) forces or causes a transgender person to leave household, village or other place of residence; and
• (d) harms or injures or endangers the life, safety, health or well-being, whether mental or physical, of a transgender person or tends to do acts including causing physical abuse, sexual abuse, verbal and emotional abuse and economic abuse, shall be punishable with imprisonment for a term which shall not be less than six months but which may extend to two years and with fine

1) Shift from Individual problem to institutional problem,�2) Institutional responsibilities, �3) Prioritizing prevention,�4) Recognizing that it is a subjective experience �(believe the victim – man / woman) that often happens in the matrix of power ( so look for it)�5) Fair redressal mechanism

Institution responsibilities- The buck stops with head of organization/ board�Annual awareness trainings��Forming & training of an IC��Publicize ‘0’ tolerance towards SH��Live its philosophy��Ensure annual report of IC as due compliance��

Who should be in the IC?�More women than men�1. Chairperson: Strong, empathetic senior woman from organization�2. External member from a women’s rights NGO with some experience in the field of SH�3. At least two more member’s commited to human rights causes from the organization or the field��Mandatory to have an IC for 9 people centre or LCC

Who can complain? VICTIM��What should complaint consist of?�Description of complaint, date(s), time(s), Respondent’s name, their working relationship��Can victim be given assistance in writing complaint?

What can victim and respondent hope for from an IC?��An empathetic attitude.�A patient and fair hearing.�Confidentiality.�Copy of complaint & all statements recorded��If dissatisfied, the right to appeal to court

Time lines�1. Submission of complaint: within 3 months of last incident ( lenient view)�2. Notice to respondent- within 7 days�3. Completion of enquiry- within 90 days�4. Submission of report- within 10 days�5. Implementation of recommendations-60 days�6. Appeal- Within 90 days of point 5