ScoopWhoop’s same-sex sexual harassment case spotlights the challenge of male victims of abuse finding redressal. Legal experts say companies drafting a strict internal ethics code is some solace although it’s the hesitance to see policies through that’s a worry
Anwesh Sahoo, survivor
When I was molested six years ago, I didn’t know who could I talk to without being judged, let alone make a complaint.” Model and artist Anwesh Sahoo, who was crowned Mr Gay World India in 2016 is speaking to us over a phone call from Delhi. At 21, Sahoo alleges that he was sexually assaulted by someone he knew, and then spent a whole day denying it had happened. “We have all grown up with the view that men don’t need to be protected. I have a sister, and when we were growing up, I was always expected to protect her. We somehow don’t feel the need to protect boys or men.”
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Today, at 27, Sahoo works with Aristocrat Gaming, a firm he’s happy has been working towards being more inclusive. That he was asked what pronoun he preferred to be used for himself, was a good sign. “Here, I feel safe. I wouldn’t fear reporting an incident; the people are supportive.”
Ankit Bhuptani and Masooma Ranalvi
It’s a change he thinks has slowly crept in post September 2018, when in a historic judgment, the Supreme Court ruled that consensual adult gay sex is not a crime, striking down the Section 377. But Sahoo is honest to admit that even in the aftermath of that move, he wouldn’t file a complaint against his perpetrator. “I still don’t know who would stand witness. Cases take a lot of work, and money. I want to move on. There is more shame attached to men who get assaulted [than women], and I don’t want to draw unnecessary attention to myself. It never goes away. The only thing you can do is distract yourself.”
A case like Sahoo’s, one of male-against-male sexual assault, has been in the news recently. Media entertainment startup ScoopWhoop’s co-founder and CEO Sattvik Mishra was accused of sexual harassment by former ScoopWhoop anchor Samdish Bhatia. Bhatia used to anchor the platform’s news vertical, Unscripted. According to a post on his Instagram handle on January 14, Bhatia alleges that he was “infantilised, disrespected and gaslighted” in October 2020 by Mishra, 35, and he lodged a complaint with the firm’s internal complaints committee within days. The incident occurred at Mishra’s home, where according to Bhatia, his wife and business partner Sriparna Tikekar was witness. There to discuss a spin-off venture, Bhatia says Mishra made an advance, dropped his pants and asked for “a kiss in lieu of equity”.
Mishra, says Bhatia, WhatsApped an apology at dawn, but later in a response to Newslaundry denied the allegations, claiming that Bhatia wanted to extort Rs 7 crore from him and in fact it was he who had got rough and unreasonable demanding that he deserved 25 per cent stake in the business against the 7.5 that was being discussed
On January 19, the company moved Patiala house court, seeking injunctions against both to prevent the allegations from being made public. The court refused. Mishra has since resigned on February 6.
While men too can be victims of patriarchy and harassment, society doesn’t encourage them to come forward to report sexual harassment because the idea of masculinity challenges victimhood. India’s sexual harassment laws don’t quite provide protection to men, whether from abuse by women or men.
Independent lawyer Vijay Hiremath says that the need of the hour is to have gender-neutral laws for rape and sexual harassment. However, Article 14 of the Constitution makes the promise of equality and equal protection under the law. “I’ve seen complaints involving men as victims come up recently and the best we can do is advise the said company’s senior management to try and take concrete steps at the organisation level. Most survivors quit their jobs and don’t go to the police,” he says.
Activist Masooma Ranalvi, programme director with the Continuing Education and Training Centre (CETC), trains corporates on facing sexual assault in the workplace. She thinks a case like ScoopWhoop being made public if nothing else, encourages an open discussion. “Another barrier has been broken in a sense. I always say at my training sessions, that assault can be between genders, and the same sex too. The law talks about women, but there is a social and historical reason for that. Companies need to be inclusive, and strive to draft and follow gender-neutral policies. This sets a precedent and gives courage and hope to employees.”
In the absence of the Protection of Women from Sexual Harassment (POSH) Act empowering men and women to report same sex abuse, a company’s internal code of ethics may prove to come handy as protection. Ankit Bhuptani, LGBT rights activist and corporate trainer on diversity, equity and inclusion, says that the trouble is not with drafting a policy but seeing it through. “Despite gender-neutral policies, staffers rarely find the courage to report abuse. They fear ridicule. I have had queries from some individuals about what constitutes sexual assault. In the last 10 years, I have seen only two cases being filed. But companies are trying to have a zero-tolerance policy towards any sexual misconduct on company premises or work related areas.”
Equal rights activists like Harish Iyer draw hope from the POCSO Act (Protection of Children from Sexual Offences Act, 2012), which doesn’t differentiate on the basis of gender under the age of 18. He thinks, “We will get there. For now, it’s good that most companies are drafting their own internal ethics book and good practice code.”
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