Day 5: Local Committees, Remote Justice

On the 5th day of the 2022 Prajnya 16 Days Campaign Against Gender Violence, a discussion on "Local Committees, Remote Justice" was organised. In this structured discussion on Local Committees, their challenges and awareness of them, the Tamil Nadu Labourers' Rights Federation and Gramavaani presented the findings of a survey they conducted to gauge awareness of Local Committees in Tamil Nadu. This was followed by a presentation by Prajnya's Rajaram Research Fellow Preeti Karmarkar of her research on Local Committees in Maharashtra. The session started with videos in Marathi, Hindi and Tamil on workplace sexual harassment which you can find here. You may find a saved video of the recording here. 

The discussion began with a short overview of a study conducted on the Level of Awareness on ICC/LCC among women workers, facilitated by the Tamil Nadu Labour Rights Federation (TLRF). TLRF largely works with the unorganised sector, where the ICCs and LCCs are poorly implemented. Gramvaani, a partner of the project, tried to take this campaign to a larger audience. Richardson, of the organisation, mentioned that, initially while the issue was brought to the forefront, there was no data to supplement the same. Post this, testimonials were collected from labourers and a survey was shared in 2020 to serve the purpose outlined earlier. The survey results showed that 27% of the respondents were construction workers, followed by 22.7% engaged in the agricultural sector, under the MNREGA. The responses showed that 80.5% of the respondents had not faced harassment in their workplace. This was a contradiction to the experiences from the field, where interactions with labourers show instances of harassment (though they may be hesitant to share the same). TLRF also filed RTIs in three districts to know the situation of LCCs and found that of Madurai, Virudhunagar and Dindugal, only the district administration of Dindugal provided details of the LCC. During the course of the discussion, Latha from Dharmagiri district also highlighted the experiences of women engaged in several unorganised sectors (construction, garment, health workers and women working in pharmacies) with respect to workplace sexual harassment. Additionally, she also highlighted the experiences of students in schools and colleges, particularly during the pandemic.

This discussion was followed by Preeti Karmarkar, a Rajaram fellow, who highlighted the functioning of Local Committees in Maharashtra. The study employed using a feminist socio-legal approach to gather data. The striking finding across the entire study area is that there is not one complaint from the unorganised sector in the LCs. The complaints from the organised sector that the LCs have received have been primarily against the employer. When the LCs received complaints, they conducted inquiries and gave recommendations. Additionally, Preeti also highlighted the challenges faced by the LC members, and further explained the methods through which LCs could be strengthened. Dr. Anagha Sarpotdar also supplemented the discussion with her experiences from the field.

About the Speakers:

1. Dr Anagha Sarpotdar: Social Scientist by Training Specialising in Work Aimed at Combating Workplace Sexual Harassment and she is a Consultant, Trainer, Author, Researcher, and does Workplace Sexual Harassment Inquiries (Based in India, Mumbai)

2. Preeti Karmarkar: Managing Trustee at Nari Samata Manch, she is trained as a Social Scientist and Gender expert, Preeti is associated with Nari Samata Manch since 1998. She has 22 years of experience in social development field in the areas of grassroot mobilization, project development and Management, M&E, policy as well as investigative research and NGO management with national and international exposure. She is an experienced gender trainer and provide consultation for gender integration in programme. She also provides training/consultation for implementation of Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 and work as external members for renowned organizations. Earlier she has worked at Women’s Studies Centre (University of Pune), YASHADA and BAIF Development Research Foundation.

Day 15: The Blue Pencil Workshop | @NWM_India , @ranjim & @rgmlk

    On the 15th day of the 2020 Prajnya 16 Days Campaign Against Gender Violence, we organised The Blue Pencil Workshop, a partnership with Network of Women In Media, India, conducted by Ragamalika Karthikeyan and Ranjitha Gunasekaran.

The online workshop focussed on how one should report gender based violence sensitively. Here are a few points that were discussed in detail during the workshop:

Ragamalika Karthikeyan:

• "Violence happens against cisgender women, children, LGBTIQ+ people and those who dont follow the gender stereotypes and manifests in various forms."
• "Why should we, as journalists, cover GBV? The answer is obvious; because it is a symptom of an unhealthy society. So, we have a duty to cover the discrimination that exists in the society since it is concerning human rights."
• "When we say 'covering GBV', what does it mean? The most basic thing that comes to mind is reporting instances, reporting that rape happened, or a person was sexually abused or that a person faced workplace sexual harassment. But, it is not enough to say something has happened. That the Hathras rape has happened or the Jyoti Singh rape happened. It is important to look at the causes, why it is happening, what the larger context is - especially, the caste or the gender context."
• "One must avoid describing graphic violence.....because it adds to the dehumanising of the marginalised people. For you and me, it can be a story happening somewhere to somebody. But, the person you are writing about- their family, friends and the community are going to be triggered for a very long time. And, by describing the graphic violence, you're adding another layer of trauma to what they are already going through."
• "When we report about LGBTQ+ people, often, we don't talk about rights, about people protesting for their rights or what is it that they want in their policies. We only talk about violent crimes or celebration, parades and colours, which is condescending."

Ranjitha Gunasekaran:

• "Reporting GBV is essential because there is a differential access to resources and opportunities. A person, because of their gender identity or sexual orientation, loses out on going to school, is fed less food, or their study time is spent doing household chores, and often, a reduced access to economic opportunities."
• "Often, people go by the police version of an incident. But, we often forget that the cops are humans, too and they carry the same biases as everyone else in the society. They reproduce the violence in a lot of subtle forms. So, it is important to reach out to the community. It is not a bias if one questions the version of the cops. It is upholding the truth to mention context and to know that authorities tell lies."
• "The only way to put pressure on a system to ensure it works is to track the system."

    The discussion looked into various reportages Ragamalika Karthikeyan and Ranjitha Gunasekaran had come across. They mentioned that it was necessary to find a story in the process of reporting. The workshop also looked into discussing child sexual abuse and ways to report the same. Multiple questions concerning how one should report incidents of violence concerning LGBTQ+ folks and non-binary individuals came up. Ragamalika responded by saying that one should be aware of the terminologies used, especially for queer and non-binary folks. The reporting has to be done in a language that is not condescending and does not disregard their lived experiences. 

You can find the The Blue Pencil: Reporting gender based violence sensitively: Resources for journalists here.

Day 13: Friends@Prajnya Twitter Takeover: "GBV and COVID-19 in Sri Lanka and Beyond" || @sharasekaram

      On December 7th, 2020, from 6 PM to 8 PM, we had Sharanya Sekaram (@sharasekaram), feminist writer and activist, tweet about "GBV and COVID-19 in Sri Lanka and Beyond":

Hi everyone! @sharasekaram here & excited to be a part of  this #16Days Twitter Takeover. I am coming at you from #lka #SriLanka & will be talking about #GBV in the context of #COVID19 & impacts. Let me begin by telling you about myself and the work I do #prajnya16days #nosgbv (07/12/2020, 6:00PM)

I identify as a feminist writer, researcher, and activist based in #lka #SriLanka and work primarily as an independent consultant in the gender space. I am deeply passionate about the democratization of information and resources, as well as access to networks and spaces. (07/12/2020, 6:00PM)

I currently work with some incredible feminist & gender-focused organizations including @COFEM_EVAW, @voicesamplified, @Bakamoonolk & #EverystorySL which is a feminist storytelling collective @widya_kum & I co-founded in 2018 (07/12/2020, 6:00PM)

Over the majority of this year - during the #COVID19 pandemic - a great deal of my work has involved hearing from women & girls on the ground, both in Sri Lanka and globally about specific impacts and struggles they are facing due to the pandemic (07/12/2020, 6:00PM)

Over some Twitter threads today I hope to be able to share with you what we have learned, the impacts of #GBV during #COVID19 on women and girls, and what their demands & needs are #prajnya16days #nosgbv (07/12/2020, 6:00PM)

One of the biggest issues that women & girls are facing during #COVID19 is a drastic rise in domestic and intimate partner violence. For example, in Europe WHO reports a 60% increase in calls from women seeking help since lockdown measures #prajnya16days #nosgbv (07/12/2020, 6:33PM)

In Singapore, IPV related calls have surged by 33% and in Argentina, a 25% increase This list goes on to include: Australia, Belgium, China, El Salvador, Kenya, Kosovo, Lebanon, Palestine, Russia, Spain, Thailand, Tunisia, Sri Lanka, and Italy. #prajnya16days #nosgbv (07/12/2020, 6:33PM)

Many people I interviewed also reported a huge increase in the reports on child rape, sexual abuse, early & forced marriage, & other forms of GBV. Women and girls had a lack of safe spaces & privacy within their own homes, increasing their risk #prajnya16days #nosgbv (07/12/2020, 6:33PM)

Strong critiques were made of donors who failed to prioritize GBV programs or services for victims during this time, as they were not perceived as vital. Much of the funding was directed towards health services, failing to see the linkages between #COVID19 & increased #GBV (07/12/2020, 6:33PM)

The issue was not a lack of funding alone. Interviewees noted that many service providers & donors struggled with technical skills to establish new services in the context of COVID-19, further complicated by the police & military who were deployed not taking GBV seriously (07/12/2020, 6:33PM)

Organizations working for women's rights across the globe have raised this & especially noted the struggle to provide services in low and no-tech settings as the most vulnerable women & girls in this situation also face limited digital access. (07/12/2020, 6:33PM)

GBV has been termed the ‘shadow pandemic’. Often, the urgency to secure physical safety can mean that the long term damaging impact of violence on mental health is overlooked and left unaddressed #prajnya16days #nosgbv (07/12/2020, 6:39PM)

@swarraj: I may not be seeing all your tweets, but I wanted to ask: Sri Lanka had a the best regional track record for basic service delivery, until at least the 80s. Has that foundation helped in coping with the pandemic? (07/12/2020, 7:22PM)

@prajnya: Thanks Swarna - great question! Doesn't seem to have - activists & service providers have notice a decline in this and in fact during the first lockdown it was nurses from hospitals who indicated the scale of GBV issues (07/12/2020, 7:33PM)

@prajnya: Currently we are also seeing a huge increase in cyber-violence cases with perpetrators openly talking about lack of consequences since the police are "busy" with COVID 19 management  (07/12/2020, 7:34PM)

@swarraj: Related, is this foundation reflected in SRHR indicators? Also thinking of @LakiJay88's work relating to menstrual health and #GBV. (07/12/2020, 7:24PM)

@prajnya: Lakmini I'm sure will have some excellent insights but also wanted to note that SRHR service provision & delivery is also very much tied to married, cis-gendered, heterosexual women and very little consideration to intersectional and marginalized identities (07/12/2020, 7:36PM)

@swarraj: Surely. And this is probably true of all services. (07/12/2020, 7:42PM) 

The mental health impact of COVID-19 extends beyond the effect of experiencing or witnessing GBV. GBV practitioners recount the painful experiences of mothers suffering from #COVID19 who had to leave children alone in unsafe conditions while they recovered #prajnya16days #nosgbv (07/12/2020, 6:39PM)

Often, as the primary caregiver, women toiled on despite feeling unwell and took on the additional burden of caring for sick children and elderly family members. Even after recovering, the disease leaves indelible scars on the psyche of those who went through it. (07/12/2020, 6:39PM)

With lockdowns and closure of what are deemed to be “non-emergency or essential” services during the pandemic, increasing numbers of women found themselves unable to access courts, human rights commissions, law enforcement, and other agencies when facing various forms of GBV. (07/12/2020, 7:31PM)

In some countries, it is not acceptable for women to self-isolate without male relatives and denied travel permission to move to other areas. In other cases, women struggle to apply for travel permission citing issues of GBV to move away from abusive homes and into safer spaces (07/12/2020, 7:31PM)

People I spoke to also described the struggle faced by refugees and returnees from conflict-affected areas needing to register their identities in order to access other services provided by the government and NGO’s. They often are unaware of the procedures and are left behind (07/12/2020, 7:31PM)

Women are facing violations of their human rights, & during the pandemic, it is more difficult than ever for them to access justice. The most vulnerable are those who are least considered by Governments in their policies and planning, and these are all too often women and girls (07/12/2020, 7:31PM)

Women are at the core of the fight against COVID-19. They form the bulk of the health community which puts them at high risk of infection, disproportionately bear the additional care burdens associated with COVID-19 containment measures (07/12/2020, 8:00PM)

They tend to be in informal sector jobs that disappear during crises. They are struggling to access justice, dealing with huge amounts of unpaid care work and more. Their voices are stifled & gendered challenges erased with phrases like "COVID doesn't discriminate" (07/12/2020, 8:00PM)

What does the post COVID-19 world hold for the women’s movement and what can we learn from women’s experiences in the fight against this virus? How do we hear them & work on integrating their needs? #COVID19 may not discriminate but we certainly do, and this is amplified (07/12/2020, 8:00PM)

And that’s it from me for now! It has been amazing getting to share my learnings & insights from this work with you – and I hope you learned something as well! Message me @sharasekaram with any thoughts and questions after today and I will be happy to respond! (07/12/2020, 8:00PM)

Day 13: Friends@Prajnya Twitter Takeover: "Gender-Based Violence Against Transgender Persons" || @kanmanisays

     On December 7th, 2020, from 4 PM to 6 PM, we had Kanmani Ray LR (@kanmanisays), trans activist and organiser, tweet about "Gender-Based Violence Against Transgender Persons":

Hello everyone, this is @kanmanisays taking over. Will be tweeting on gender-based violence against transgender persons now until 6 pm today. I am a law student & my focus will be on criminal law specifically. #nosgbv #prajnya16days (07/12/2020, 4:09PM)

Tbh, let's start with the very basic of criminal law- Indian Penal Code, 1860. Sections 8 & 10 of IPC, still use pronouns 'he', words - 'man' & 'woman' &  'person' still means 'company/ association'. Some of this has already been said before. #nosgbv #prajnya16days (07/12/2020, 4:16PM)

 

Especially yesterday by Dr. @mrinalsatish as part of @CLPRtrust's TransForm Conference on youtube as well by many others. However why is this important? #nosgbv #prajnya16days (07/12/2020, 4:19PM)

Because- trans persons don't get covered as victims & hence no legal protection u/ IPC. What does that mean-- trans persons can't file an FIR in case of facing sexual violence or claim any protection/affirmative action/available to cis women survivors. #nosgbv #prajnya16days (07/12/2020, 4:23PM)

This happened in the case of Anamika v UOI 2018 wherein the trans woman faced sexual harassment but the case was closed. A petition was filed in Delhi High Court #nosgbv #prajnya16days @TheLeaflet_in (07/12/2020, 4:30PM)

The police said- the FIR can be filed u/ Sections 354A (i), (ii) & (iv)- it reads as below. Please note that three of the sub-sections don't mention woman as the victim, but the accused has to be clearly a man. #nosgbv #prajnya16days (07/12/2020, 4:41PM)

 

While every other provision in IPC concerning sexual offences is somehow stuck in the same binary space. #nosgbv #prajnya16days. (07/12/2020, 4:43PM)

Now we have a transgender persons (Protection of Rights) Act, 2019- however the Act and the notified rules are contradictory & a mess. But what does that have to do with criminal law? #nosgbv #prajnya16days. (07/12/2020, 5:19PM)

Who gets to access criminal law is controlled & Gatekeeping by the Act. So while the Act insisted on surgery for binary man/woman gender recognition, the rules after much push back modified it to a lesser medical intervention as necessary. #nosgbv #prajnya16days. (07/12/2020, 5:19PM)

Which means anyone who is recognised as a 'transgender person' & not as a man/woman, given the earlier tweets in this thread, will not get to access remedies under IPC. #nosgbv #prajnya16days. (07/12/2020, 5:19PM)

 The only remedy then remains for anyone who is legally recognised as a transgender person who faces sexual violence is Section 18(d) of the Transgender Persons (Protection of Rights) Act at the moment. #nosgbv #prajnya16days. (07/12/2020, 5:19PM)

 Section 18(d) prescribes a punishment of 6 months to 2 years. This is offensive & outrageous. #nosgbv #prajnya16days. You can check the speech out @CLPRtrust's TransForm Conference here: https://t.co/gnK28MRyRj?amp=1 (07/12/2020, 5:19PM)

Anyone who knows of criminal law would tell you this- that an offence whose maximum punishment is 2 years is often a 'Bailable offence', which means the bail is a matter of right for the accused person, not a matter of discretion left w/ the court. #nosgbv #prajnya16days. (07/12/2020, 5:19PM)

Which means any kind of 'sexual abuse'  faced by a trans person is not as serious, is not equal or on the same footing as any other sexual offence which currently protects cisgender women and not us. #nosgbv #prajnya16days. (07/12/2020, 5:19PM)

also means, there is higher incentive for accused person to be out of jail despite being accused of sexual abuse of a trans person, which also means greater danger for the victims who are trans persons even if we come forward to file an FIR. #nosgbv #prajnya16days. (07/12/2020, 5:19PM)

This should be seen in the context of the criminal law reforms post 2013. We now have a range of victim protection provisions including the fact that cis women cannot be arrested post sunset or without a woman police person present etc. #nosgbv #prajnya16days. (07/12/2020: 5:19PM)

Section 18(d), is a CutCopypaste from Section 3(a) of Protection of Women from Domestic Violence Act, 2005. A provision in the context of a civil remedy law to define 'domestic violence' is being imposed in this Act to create criminal remedy. #nosgbv #prajnya16days. (07/12/2020, 5:20PM)

It's interesting because the Act never specifies that this 18(d) is only in the context of domestic violence. Instead it places the power in the court to place us in rehabilitation centres. #nosgbv #prajnya16days. (07/12/2020, 5:20PM)

So while hard fought rights to reside, the right to maintenance, the right to the household has never reached or found place in the Act. #nosgbv #prajnya16days (07/12/2020, 5:20PM)

It's important in this context to recognise how kidnapping (Section 359) is often used by parents of estranged couples on transgender persons (as well on queer persons) #nosgbv #prajnya16days. (07/12/2020, 5:31PM)

Anti-begging laws, anti-trafficking laws are used a lot like Prevention of Immoral Traffic Act, especially against trans persons on the streets & trans sex workers. @NNSWIndia #nosgbv #prajnya16days. (07/12/2020, 5:31PM)

Having said all this what is the solution(s) - there are no easy answers either. The criminal law reforms committee is doing consultations literally during a pandemic in a highly inaccessible manner through the internet. https://thenewsminute.com/article/explained-why-union-govt-s-panel-criminal-law-reform-being-opposed-134322 #nosgbv #prajnya16days. (07/12/2020, 5:34PM)

This important session hosted by @LiveLawIndia on their YouTube Channel is an important eye opener to the pitfalls & the problems of the criminal law reform committee & why it's process is very wrong! #nosgbv #prajnya16days. (07/12/2020, 5:37PM)

Apart from this there is an important @redditindia AMA thread by @Dalit_Swag & @arushigarg90 that's critical to why this undemocratic, opaque criminal reforms committee needs to be questioned & held accountable: #nosgbv #prajnya16days. (07/12/2020, 5:43PM)

Apart from this there has been a statement from queer feminists, activists on why this committee is undemocratic, opaque etc: #nosgbv #prajnya16days. (07/12/2020, 5:47PM)

The entire idea behind talking on Gender-based violence against transgender persons, around criminal law is to focus on the breadth of work needed to change the situation. #nosgbv #prajnya16days. (07/12/2020, 5:51PM)

Right from the older colonial laws of IPC,CrPC, Evidence Act, to recent Trans Act, to so-called committee constituted to change criminal law have major problems which from a legal perspective contributes to gender based violence on us, trans persons. #nosgbv #prajnya16days. (07/12/2020, 5:51PM)

 

With this I shall end the takeover. Have attempted to give only short snippets & point to larger issues which need discussion. Hope this was informative. Thank you for the opportunity :) #nosgbv #prajnya16days. (07/12/2020, 5:57PM)

 

 

 

Day 13: Friends@Prajnya Twitter Takeover: "Workplace Sexual Harassment and the Law" || @MumbaiCentral & @AkilaRS1

    On December 7th, 2020, from 11 AM to 1 PM, we had Amba Salelkar (@MumbaiCentral) and Akila RS (@AkilaRS1), lawyers and founders of Paarvai Advisors tweet about "Workplace Sexual Harassment and the Law":

Hello Hello from Amba and Akila from Paarvai Advisors and we are honoured to be taking over the Prajnya handle today to talk about all things related to sexual harassment at the workplace #metoo #prajnya16days #nosgbv (07/12/2020, 11:06AM)

Akila RS here. Full-time litigating advocate based in Chennai, Fometimes academic. Co-Founder of Paarvai Advisors. Ask us anything related to Sexual Harassment at Workplace. #prajnya16days #nosgbv (07/12/2020, 11:06AM)

Amba Salelkar, also co founder, based in Chennai. I work with the International Disability Alliance on Capacity Building of Persons with Disabilities but I come from a background of 7 years of crim lit with a lot of GBV work (07/12/2020, 11:06AM)

We have worked with a range of organizations, corporate entities, institutions - public and private sector to help them develop anti sexual harassment policies to ensure that they can retain the gender based diversity they have at the workplace. #nogbv #prajnya16days (07/12/2020, 11:11AM)

We have also served as external members to organizations to ensure impartiality and bring a legally informed perspective to inquiries. #nogbv #prajnya16days (07/12/2020, 11:11AM)

So today, we are mostly here for an #AMA on all things related to anti sexual harassment law and policies, but along the way we will share some resources if you'd like to know more about the situation on the ground. (07/12/2020, 11:16AM)

@swarraj: Hey, Amba and Akila, thanks for doing this? I have a question, actually about testimonies. When the complainant is #illiterate, what's the best practice for recording a complaint and what's an acceptable practice. (07/12/2020, 11:18AM)

@prajnya: Great Qs. The Complainant can approach the organisation/IC, and the IC can help reduce the complaint into writing. A good practice that has emerged is for orgs to have facilitators who support anyone who requires support in reducing things into writing. (07/12/2020, 11:24AM)

@prajnya: Support to write out complaints can also be a good reasonable accommodation for some persons with disabilities, or some people who may be in distress over the violence they have faced. (07/12/2020, 11:24AM) 

@prajnya: Always remember that any statement/testimony of the complainant should be read out to them in the language they are conversant with. #16DaysOfActivism #prajnya16days #nogbv (07/12/2020, 11:31AM)

@Shakthi_2016: Hi Amba and Akila, could you list some best practices in terms of addressing WSH complaints that are not mentioned explicitly in the 2013 law? Thanks! (07/12/2020, 11:59AM)

@prajnya: We love these questions, so please bear with us and our long responses :) We've spoken about some, like training facilitators to support complainants. But here are a few more and shoutout to some of our clients who helped us put these to practice. #prajnya16days (07/12/2020, 12:14PM)

@prajnya: Hold inquiries away from the main workplace. If you want to ensure confidentiality, and a safe space for the inquiry, find a suitable venue and organize transportation for the parties, witnesses etc. Don't hold inquiries in glass door conference rooms!!!! (07/12/2020, 12:14PM)

@prajnya: Documentation is key. Assume that everything is going to be appealed. Witness statements should be recorded on audio and transcribed. Ensure these are stored safely. Minute IC meetings. Ensure detailed reports where all aspects are discussed. (07/12/2020, 12:14PM)

@prajnya: Train train train the IC, all members. We cannot stress this enough. Inquiries don't come naturally to ANY of us (including lawyers!) so all of need to be trained to recognize our own biases, what the inquiry purpose and outcomes should be and principles of natural justice. (07/12/2020, 12:14PM)

@prajnya: Also remember that IC is supposed to work together to arrive at conclusions so the training also needs to be about creating that safe space for discussion and debate within the committee. #prajnya16days #nogbv (07/12/2020, 12:18PM)

@prajnya: First meeting of the IC - use opportunity to find out from the complainant her fears and concerns about the process and address them. Ask, don’t assume. Does she want leave, or does she want her seating arrangement to be changed, is there* (corrected) an appraisal coming up #prajnya16days (07/12/2020, 12:18PM)

@prajnya: Have a diverse Internal Committee. The law has a requirement of seniority for the Chairperson, but don't limit the others to HR and legal. Train more people than the minimum to account for conflicts of interest and unavailability. Ensure participation across intersectionalities. (07/12/2020, 12:27PM)

@iissarayu: Hi Amba and Akila! Could you talk a bit about jurisdiction in sexual harassment laws and policies? (07/12/2020, 11:29AM)

@prajnya: Thanks for this question! The answer is going to take a while, so #thread alert time #prajnya16days #POSH #sexualharassment #nogbv (07/12/2020, 11:43AM)

@prajnya: Sexual harassment at the workplace can *also* be a crime - see Section 354A IPC https://indiacode.nic.in/show-data?actid=AC_CEN_5_23_00037_186045_1523266765688&orderno=395 as well as other offences under the IPC. So one can register an FIR with the police station that has jurisdiction. (07/12/2020, 11:43AM)

@prajnya: IC committees take take up matters filed within 3 months of the alleged date of commission. In appropriate cases, this time period can be extended by 3 months at the discretion of the IC. #prajnya16days #nogbv (07/12/2020, 11:49AM)

@prajnya: The IC committee can take up cases that happen 'at the workplace' which is any place that an employee may be in connection to or related to employment. So: work travel, conferences, offsites and now, even if you're working from home (07/12/2020, 11:49AM)

@prajnya: The Respondent, or person being accused of sexual harassment, must be an employee of the organization whose IC receives the complaint. A complainant can be any woman who encounters the respondent at the workplace - a fellow employee, a client, customer etc. (07/12/2020, 11:49AM)

@prajnya: On the point of time and delays: if the complainant approaches the IC belatedly, good practice of org to still look into the complaint and use the opportunity to investigate whether the workplace is a safe space and how to make it safer for its employees (07/12/2020, 12:00PM)

@prajnya: Anecdotally neither of us have seen ICs refusing to extend the limitation to the discretionary additional 3 months. Also remember, its 3 months from the "last offence" so even if it happened a while back the respondent may have triggered the complainant again in some way. Ask! (07/12/2020, 12:00PM)

Here is a report by @hrw on the Prevention of Sexual Harassment Act highlighting issues faced by women in the informal sector #MeToo (07/12/2020, 11:18AM)

Here is a recent report by @UN_Women on sexual harassment of women with disabilities at work and on campus https://unwomen.org/-/media/headquarters/attachments/sections/library/publications/2020/discussion-paper-sexual-harassment-against-women-with-disabilities-en.pdf?la=en&vs=1256 #prajnya16days #nogbv (07/12/2020, 11:29AM)

Here's a poll! If you work in an organization with more than 10 employees (who could be full time/part time/consultants/volunteers) do you know if your org has an anti sexual harassment policy? (07/12/2020, 11:37AM)

Alright, another thread - here are some #DidYouKnow tweets on the anti sexual harassment law. #Didyouknow that if your organisation does not have an Internal Committee, you can approach the Local Complaints Committee of your district? (07/12/2020, 11:54AM)

#Didyouknow that you can also approach the Local Committee if you have faced #sexualharassment by the head of your organization? #prajnya16days #nogbv (07/12/2020, 11:56PM)

#DidYouKnow that unpaid interns, consultants, ad hoc/temp workers, full-time employees, volunteers can all make complaints under the POSH Act if they experience sexual harassment at the workplace? #nogbv #prajnya16days (07/12/2020, 12:02PM)

#DidYouKnow that the IC process is completely confidential under Section 16 & 17 of POSH Act and disciplinary action can be taken against employees who violate as a breach of the org's code of conduct #nogbv #prajnya16days (07/12/2020, 12:05PM)

So here we need to clarify - because this comes up a LOT - confidentiality is different that anonymity. Processes are confidential re the organization, but the name of the complainant and details will be provided to the respondent. This is necessary to ensure due process.(07/12/2020, 12:22PM)

This is where the interim measures become so important. #prajnya16days #nogbv: (Tweet Link) (07/12/2020, 12:23PM)

#Didyouknow that ICs have to be reconstituted every 3 years? It's important that the best practices that the organization has developed on inquiries continues even with the reconstitution, so make sure that as HR or management, this is kept in mind. (07/12/2020, 12:40PM)

@DorodiSharma: @prajnya Very basic question, what is the first piece of advice if someone is going through sexual harassment at work or if somebody one knows is going through such harassment? #MeToo (07/12/2020, 12:22PM)

@prajnya: Thank you for this question, its probably the most relevant to the largest number. If you are facing sexual harassment, recognising and coming to terms with sexual harassment is hard. Seek help from colleagues, friends, family. Remember its not your fault, ever. (07/12/2020, 12:33PM)

@prajnya: Even if you aren't sure about filing complaints, backup any evidence you have on your phone or email (photos, whatsapp chats etc.). Remember its OK to not have eye witnesses! Its rare to have cases with eye witnesses. A witness could even be a friend you confided in at the time. (07/12/2020, 12:33PM)

@prajnya: If you know someone who has faced sexual harassment, support them without judgment. Most women do not report sexual harassment because of fear that they will not be believed; that they will be subject to rumour-mongering and that they will be isolated. (07/12/2020, 12:33PM)

@prajnya: Please volunteer if there is an opportunity for you to stand as a witness because you saw something or because the complainant informed you of what happened. It can make a huge difference. #nogbv #prajnya16days (07/12/2020, 12:33PM)

@prajnya: As HR/employer, ensure that the employees know about the org’s anti-sexual harassment policy and how to activate the complaints process. Build up their confidence that they can use it without fear that they will be victimised at work. This includes people who may be witnesses. (07/12/2020, 12:34PM)

@prajnya: The employer should also ensure that complainants are providing assistance where required, which included referral services re lawyers/police if she wants to register FIR; and access to mental health services or supports if this is something that they require as well. (07/12/2020, 12:37PM)

The law talks about prevention, prohibition and redressal. The only effective way to prevent sexual harassment is through awareness and advocacy. Go beyond the mandate in the law; ensure frequent resource-sharing about sexual harassment whether it be through emails or posters. (07/12/2020, 12:43PM)

We've seen plenty of instances where organizations have told us that we only need to train the women staff on prevention of sexual harassment at the workplace. (07/12/2020, 12:43PM)

Taking this opportunity to also plug this related webinar this evening focused on women with disabilities and the #metoo movement where @MumbaiCentral  gets to wear both her hats https://twitter.com/RisingFlameNow/status/1332657707434745856 #16DaysOfActivism (07/12/2020, 1:04PM)

Alrighty then, that's a wrap from @AkilaRS1 and @MumbaiCentral  - thanks for your time and attention this Monday morning and hope you have a great week ahead. Keep following the #prajnya16days movement and please tweet at us if you have more questions on #POSH Thanks!!! (07/12/2020, 1:05PM)

Day 5: Friends@Prajnya Twitter Takeover: "A Movement To Reclaim Public Spaces" || @whyloiter

     On November 29th, 2020, from 6 PM to 8 PM, we had Shilpa Phadke and Sameera Khan from Why Loiter (@whyloiter) tweet about "A Movement To Reclaim Public Spaces":

Hi everyone, this is @whyloiter and @samjourno123- we are taking over the @prajnya handle this evening in order to have a great discussion with you all on women, public space, citizenship, pleasure, violence .... #prajnya16days #nosgbv #WhyLoiter (29/11/2020, 06:06 PM)

That we are in the midst of a pandemic, with limited mobility makes it difficult for us to lay claim on public space. How has it been for you? #prajnya16days #nosgbv #WhyLoiter (29/11/2020, 06:09 PM)

@wohoothisnut: Incredibly difficult. It has been very tiring to manage household chores and academic work. Added to this is the stress brought in by the pandemic and of having senior citizens and immunocompromised folks at home. (29/11/2020, 06:26 PM)

@prajnya: The stress and anxiety at this time is unprecedented. @guptasonali we know has important things to say about this. #prajnya16days #WhyLoiter #nosgbv (29/11/2020, 06:30 PM)

@swarraj: Haven't stepped out in months. But have also had no time to loiter. Or linger. Or leisure. (29/11/2020, 06:11 PM)

@holywalkamoly: In the past 9 months, I have stepped outside only for 'essential' work like buying grocery, medicines, office for imp meetings. Only recently, I have started walking & hiking but that too because of the unavoidable need to exercise. Walking is no longer for leisure, for small discoveries, for clearing your mind, for being in touch with your surroundings. Interestingly though, I have re-discovered the familiar places in a new way in their new avatar, post-lockdown. (29/11/2020, 06:22 PM)

@whyloiter: This is so interesting - rediscovering the familiar. What do these spaces come to mean in the lockdown? #prajnya16days #nosgbv #WhyLoiter (29/11/2020, 06:28 PM)

 

Let's start a conversation! Question 1 here. #prajnya16days #WhyLoiter #nosgbv (29/11/2020, 06:12 PM)

@SanskariStree: I think of the women who are the backbones of our cities, the domestic workers, the labourers, now jobless; so many of them heads of their households as the sole breadwinners. the #pandemic must’ve been much more than the threat of illness #prajnya16days #whyloiter 

@swarraj (29/11/2020, 07:47 PM)

@holywalkamoly: For many Indian women & girls, home is not the safest place. As many women are now locked inside houses, the need to discuss feminist access to public space is all the more urgent during pandemic. #prajnya16days #WhyLoiter #nosgbv @weloiter (29/11/2020, 07:00 PM)

@prajnya:  Yes! This ridiculous binary of public and private and pushing women into their legitimate "safe" spaces of the home has caused a lot of damage . #prajnya16days #nosgbv #WhyLoiter @whyloiter (29/11/2020, 07:04 PM)

@whyloiter: In face women's homes may be the least safe places for them. But the discourse of safety only addresses the public making it very clear that control of women rather than women's safety is the actual concern. #prajnya16days #WhyLoiter #nosgbv @prajnya  (29/11/2020, 07:09 PM)

We have fought hard for women's right to access public space. Will these nascent rights be taken away by the pandemic/ shutdowns of our city? #prajnya16days #WhyLoiter #nosgbv (29/11/2020, 06:17 PM)

@whyloiter:  The big concern is that the pandemic is being used to suppress dissent. What will it mean for the gains we have made in women's access to the public. Just before the pandemic we saw women led movements for democracy and citizenship. @prajnya #prajnya16days #nosgbv #WhyLoiter (29/11/2020, 06:19 PM)

@whyloiter: We now see even fewer women out in public. We need to think about what the post pandemic city will look like. Do weigh in on how you imagine the post pandemic city? @swarraj @Shakthi_2016 @SupriyaJaan @CityOrdinary @Laadli_PF @weconpol #prajnya16days #nosgbv #WhyLoiter (29/11/2020, 06:24 PM)

@whyloiter: What might it mean to be stuck inside dreaming of the outside? @prajnya @SanskariStree @CityOrdinary @SupriyaJaan @Laadli_PF @weconpol #prajnya16days #nosgbv #WhyLoiter (29/11/2020, 06:17 PM)

Yes, what might it mean? Esp. when  public space is still looked at as a space of 'danger'  and contagion- danger from a  virus, from a pandemic...#prajnya16days #WhyLoiter #nosgbv @whyloiter (29/11/2020, 06:21 PM)

@swarraj: To be honest, I cannot remember what the world looks like outside. As an introvert, being inside has suited me well. But if I had to pick one concern it would be what you posted earlier about women getting pushed back to domestic spaces. (29/11/2020, 06:34 PM)

@prajnya: Back to domestication !! And the heightened levels of violence for women in that private space. #prajnya16days #nosgbv #WhyLoiter (29/11/2020, 06:39 PM)

@whyloiter: Also I think many women have lost jobs. In any case as @WILPodcast  has focused on, women were in any case being pushed out of the labour force. The pandemic has only worsened this situation. #prajnya16days #nosgbv #WhyLoiter (29/11/2020, 06:39 PM)

@prajnya: The implications on women's work outside the home has been hit the hardest along with girls education #prajnya16days #WhyLoiter #nosgbv (29/11/2020, 06:49 PM)

 

In re-discovering the familiar in new ways,  how might we bring back pleasure in experiencing the city? #prajnya16days #nosgbv #WhyLoiter @whyloiter (29/11/2020, 06:27 PM)

Going to school/college is a way for girls to access public space. News such as this is disheartening - #prajnya16days #nosgbv #WhyLoiter Covid blow: 37% girls from poor families uncertain of returning to school | India News - Times of India (29/11/2020, 06:43 PM)

Here is Question 2:  we wld love to hear yr opinion ? #prajnya16days #nosgbv #WhyLoiter (29/11/2020, 06:33 PM)

 

@swarraj: I think absolutely! One of the great lessons younger feminists have taught me is that the absolutely personal is absolutely political. In ways that I could not have imagined possible. And loitering and pleasure are central. (29/11/2020, 06:42 PM)

@prajnya: And this is a right to be claimed not just by women and girls but all citizens - including those on the margins often accused of making public space inaccessible for women. #prajnya16days #nosgbv #WhyLoiter @whyloiter (29/11/2020, 06:46 PM)

@whyloiter: Loitering has become very much part of a feminist lexicon of access to public space. Something that we find really exciting. #prajnya16days #nosgbv #WhyLoiter (29/11/2020, 06:48 PM)

@holywalkamoly: What comes to mind are the people dependent on public transport to access place of work, hospitals, etc. The basic bus services (for all people) started very late. Pre-covid, many college-going and working women used to take a day pass & go to parks, monuments and markets. (29/11/2020, 06:47 PM)

@holywalkamoly: Inefficient city planning and design restricts the movement of people with disabilities. A city not designed for them forces them to restrict movement to essential purposes. Their constant dependence on an able body also increases. (29/11/2020, 06:50 PM)

 @prajnya: Absolutely! In a sense the pandemic  may force us to experience the city the way differently abled people always have: with limited access to  public space @saysnidhigoyal @RisingFlameNow wld love to hear from u #prajnya16days #nosgbv #WhyLoiter (29/11/2020, 06:55 PM)

@holywalkamoly: We cannot keep the kids outside of the 'loitering' discourse either. Children are loiterers by nature. Few public places and playgrounds, unsafe access and commute to schools are some of the big deterrents to their emotional and psychological growth. (29/11/2020, 06:54 PM)

@whyloiter:  We keep being asked what loitering means to women in the slums. Our research showed that women ACROSS CLASS wanted to loiter, to have fun in the public and hang out purposelessly. #prajnya16days #nosgbv #WhyLoiter (29/11/2020, 06:36 PM)

@TTheej: Many of us have a very unidimensional image of the public. Apart from having all voices heard, it is necessary for all peoples to be seen, not just as tokens. Especially since the visual medium has been complicit in validating diversity only as long contributes to the exotic. (29/11/2020, 07:48 PM)

@TTheej: I remember being consoled by a fellow commuter on the bus after a miserable day. It was a private pain, yes, but her consolation was not an intrusion, it was an acknowledgement. Everyone needs the possibilities of these encounters. They are reqd reminders of a world outside. (29/11/2020, 07:52 PM)

This is what @whyloiter has always maintained about everyone's right to public space (29/11/2020, 07:00 PM)

Question 3: women's agency & choices cannot be limited to just public space ....#prajnya16days #nosgbv #WhyLoiter (29/11/2020, 06:57 PM)

Want to hear from you:  @kavita_krishnan @anniezaidi @supriyan @busydot (29/11/2020, 07:16 PM)

@whyloiter: The fabulous instagram account @IndLoveProject challenges so wonderfully and and brilliantly ideas of love jihad, centring the right of people to make choices and exercise agency and centring the right to love by choice. #prajnya16days #nosgbv #WhyLoiter 

(29/11/2020, 07:12 PM)

@prajnya: Excellent initiative @IndLoveProject - challenging simply and directly what the State wld prefer stays private and hidden! #prajnya16days #nosgbv #WhyLoiter (29/11/2020, 07:14 PM)

@whyloiter: "Anxieties about love jihad do not exist in a vacuum, they exist along a continuum which encompasses a range of fears in regard to the potential outcomes of women’s mobility and exercise of agency of any kind, particularly sexual agency." [Link] #WhyLoiter (29/11/2020, 07:03 PM)

@prajnya:  This is also part of the fears that families have when women access the public - consensual friendships & relationships that women may strike up there - esp outside the boundaries of their class, caste, religion. #prajnya16days #nosgbv #WhyLoiter (29/11/2020, 07:07 PM)

@whyloiter: Here's another piece speaking to love jihad: Love-Jihad (Muslim Sexual Seduction) and ched-chad (sexual harassment): Hindu nationalist discourses and the Ideal/deviant urban citizen in India by Aastha Tyagi & Atreyee Sen #prajnya16days #nosgbv #WhyLoiter (29/11/2020, 07:05 PM)

@whyloiter: Is Love without Borders Possible? by Tanika Sarkar #prajnya16days #nosgbv #WhyLoiter (29/11/2020, 07:06 PM)

@whyloiter:  Love Jihad and Demographic Fears by Mohan Rao #prajnya16days #nosgbv #WhyLoiter (29/11/2020, 07:08 PM)

 

From @whyloiter: (29/11/2020, 07:19 PM)

Question 4 : why is public space always framed in terms of danger? Why is the loss of accessibility to the public not seen as a form of violence? @kavita_krishnan @BlankNoise @jasmeenpatheja @pinthecreep @viswanathkv #prajnya16days #nosgbv #WhyLoiter @whyloiter (29/11/2020, 07:24 PM)

 @holywalkamoly: Public spaces are fount of possibilities. By framing them as 'dangerous' it is easier for the establishment to reduce the possibility of upsetting the hierarchies & status-quo (of all kinds). Public spaces pose a real danger to the power that the state commands over its people (29/11/2020, 07:32 PM)

@holywalkamoly: State and patriarchy thrive on limiting accessibility, suppressing sexuality & policing liberties. What is violence for the governed/vulnerable is not so for the governing. #prajnya16days #whyloiter @weloiter @whyloiter (29/11/2020, 07:51 PM)

@whyloiter:  We at #WhyLoiter wrote this piece long ago ...but the same rhetoric on women's 'safety' is still presented to us !! (29/11/2020, 07:32 PM) 

@wohoothisnut: The concept "curfews" in women's hostels which is imposed under this idea of "protecting women" while men have relaxed/no curfews. Hence, when women face violence in public spaces, there is always this question of what she was doing out late (past her curfew). (29/11/2020, 07:34 PM)

@prajnya: What was she doing there? What was she wearing? With whom was she there? No man is ever asked that even if he has been assaulted in public space.  #prajnya16days #nosgbv #WhyLoiter (29/11/2020, 08:07 PM) 

 @BlankNoise: 'Why was she out past curfew?' Circles of victim blaming / shaming narratives #INeverAskForIt Blame is sticky. Follows us where we go. Pasted on street walls, campus corridors, home. (29/11/2020, 07: 38 PM)

@whyloiter:  If Women Could Risk Pleasure: Reinterpreting Violence in Public Space by Shilpa Phadke speaks to the question of what we count as violence. Only unstructured stranger violence is seen as violence. #prajnya16days #nosgbv #WhyLoiter (29/11/2020, 07: 28 PM)

 @whyloiter: The everyday restrictions on mobility which women experience as violence are called by other names like protectionism and love. #prajnya16days #nosgbv #WhyLoiter (29/11/2020, 07:29 PM)

@whyloiter: In our research every time there was a widely reported sexual assault on a woman, young women in our workshops expressed the fear, not that they would be attacked but that they would face greater restrictions on their mobility as a result of the narratives of danger produced. (29/11/2020, 07:30 PM)

@prajnya: The media narrative on women and safety establishes a hierarchy of danger with a) men safe everywhere b) women safe at home c) strangers as the ones to fear ! So totally bogus ! #prajnya16days #nosgbv #WhyLoiter (29/11/2020, 07:37 PM)

@prajnya:  In actuality: a) more men assaulted in public BECAUSE of the statistical reality of there being more men in public b) More women in India assaulted at home (NCRB) c) NCRB & UN stats show women are most often attacked by people they know ! #prajnya16days #nosgbv #WhyLoiter (29/11/2020, 07:40 PM)

From @whyloiter book: (29/11/2020, 07:27 PM)

 

 

Question 5: what increases accessibility to the city - tall fencing or low unlocked gates? #prajnya16days #nosgbv #WhyLoiter @whyloiter (29/11/2020, 07:43 PM)

@whyloiter: In our book we talk at length about the difference between the fenced (and beautified) Oval maidan and the katta bounded Shivaji Park arguing that the latter is a much more accessible and therefore friendly for women and other marginal citizens. #prajnya16days #nosgbv #WhyLoiter (29/11/2020, 07:47 PM)

@prajnya: Which Mumbaikar has not hung around at #ShivajiPark ? How many can claim loitering at #OvalMaidan  beautiful as it is! Infrastructure - just fencing- makes a huge difference to how welcome people feel in a space  #prajnya16days #nosgbv #WhyLoiter (29/11/2020, 07:50 PM)

@prajnya: Tell us abt such spaces in your city/ town? Which are welcoming to all citizens including women? #prajnya16days #nosgbv #WhyLoiter (29/11/2020, 07:59 PM)

@prajnya: Delhi folks? @safetipinapp Kolkata folks? Bengaluru? @BlankNoise Kochi people? Chennai ? Hyderabad? Pune? Patna? Friends in Karachi?  @girlsatdhabas #prajnya16days #nosgbv #WhyLoiter (29/11/2020, 08:05 PM)

 @swarraj: Wrong person to answer but in Chennai, I would imagine the two beaches--Marina and Elliot's. (29/11/2020, 08:08 PM)

 

What research by @whyloiter showed us consistently:   (29/11/2020, 07:47 PM)

And our final question for this evening . Ques 6: #prajnya16days  #WhyLoiter #nosgbv (29/11/2020, 07:55PM)

As @whyloiter says: (29/11/2020, 07:57 PM)

Ok folks this is @samjourno123 & #ShilpaPhadke from #WhyLoiter  saying bye fm the @prajnya handle - thanks to all at #Prajnya for inviting us ! Looking fwd to more such conversations. One final slide of the  most famous quote fm @whyloiter #prajnya16days #nosgbv #16DaysOfActivism (29/11/2020, 08:17 PM)

And one more quote from @whyloiter .. what we want is our rights as equal citizens not benevolent protectionism #prajnya16days #nosgbv #WhyLoiter #16DaysOfActivism (29/11/2020, 08:23 PM)