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Use the context to explain the public shame and condemnation of sexual criminals on social media.
Explain your concerns about public naming-and-shaming.
Give an explanation of its importance in light of the loopholes that exist in other mechanisms.
Consider other ways to resolve the problem.
The following is a brief introduction to the topic:
Recenty, a number of women took to social media to shame sexual harassers at work. Women naming offenders and publicly shaming them reflects the lack of due process in society to deal with the problem.
The Body
The Challenges of Public Naming and Shaming
False accusations may be made due to the anonymity of victims. Spreading false information can lead to its spread. Useful for settling scores. Reputational damage that is irreparable.
This undermines any reform of the legal system and is in violation of its fundamental principle, the presumption innocence.
The Media Trial does not follow the ‘Guilty until proven otherwise’ rule. It will punish the process itself.
It can be irresponsible to name people and not give them the opportunity to defend themselves or respond to allegations.
Methods of protest or sharing grievances are not available to all.
What is the significance of this process?
Institutional mechanisms that are supposed to prevent harassment are failing. Sexual Harassment of Women at Workplace Act 2013, provides that all institutions in the organised sector must have an internal complaint committee which will investigate and solve cases of sexual harassment. This panel should have at least three women. This is not happening.
The issue of sexual harassment is seldom resolved satisfactorily for the victim, who in most cases is in subordinate status to her harasser.
In the case of victims who tried to make their organizations act on formal complaints, they found that the hierarchy and the hostile power structure in the organisations were complicit. Former TERI Chairman, R.K. Pachauri, and former editor of Tehelka Tarun Tejpal.
Women are often reluctant to bring their complaints to the committee because they do not have confidence in its redress mechanism or fear vengeful action by the perpetrator.
It takes a very long time for the victim to receive justice. The victims continue to be affected mentally and emotionally. For victims of sexual assault and harassment, the judicial system is often burdensome and traumatic.
The testimony of the victims can be used to identify him, while he continues to work or study in their presence. In such situations, anonymity is the best option.
The conclusion of the article is:
Nomination and shaming is not a replacement for a proper remedy. A process which respects rights is what constitutes due process. The most important is the right of all people to be informed about any accusation made against them and to have a chance to defend themselves, not only in court or in an inquiry but also in public.
Due process must be fair, functional and able to provide justice for all victims of false accusations.
Strengthening existing mechanisms. As an example, make internal complaint committees independent, accountable, open to everyone and gender sensitive.
