My final conclusion - I think Sonali could be lying - Page 8

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kaushikbasu thumbnail
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Posted: 10 years ago
#71

Originally posted by: hippopotamus

Burden of Proof

Under most legal systems, an individual making a sexual harassment claim under civil law is required to prove that the illegal and sexually harassing behavior occurred and that it constituted sex discrimination, a violation of dignity or a health and safety hazard. The respondent (the harasser or employer), by contrast, often has no burden of proving that the behavior did not constitute discrimination, a violation of dignity or a health and safety hazard.

I am not sure from where you are quoting but here is the legal declaration from the government of India http://wcd.nic.in/wcdact/womenactsex.pdf as per chapter 4 section 9 subsection 1, the accused have only to file a written complaint of the situation.

1011128 thumbnail
Posted: 10 years ago
#72

Originally posted by: akankshaArsha

goli maro sonali ko...
hippo i was travelling in train...
some one came nd was trying to take my bag...in the process he also touched my foot nd was moving fingers upside down...
what should i conclude ????


that person is total stranger - not someone who you have been living with 24 hours with weeks

person is a thief first of all and should be sent to police


sharif_lafungi thumbnail
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Posted: 10 years ago
#73

Originally posted by: hippopotamus



that person is total stranger - not someone who you have been living with 24 hours with weeks

person is a thief first of all and should be sent to police



m really neutral for bb contestants nd my personal opinion has no sympathy with sonali...bt i found the act disgraceful(of ali..)
nd acc to ur logic...
since they live under same roof...how it gives him right to caress her knee ????
1011128 thumbnail
Posted: 10 years ago
#74

Originally posted by: kaushikbasu

I am not sure from where you are quoting but here is the legal declaration from the government of India http://wcd.nic.in/wcdact/womenactsex.pdf as per chapter 4 section 9 subsection 1, the accused have only to file a written complaint of the situation.


hmm.. did u quote wrong one? this talsk about victim/accuser filing a report and not burden of proof




1011128 thumbnail
Posted: 10 years ago
#75

Originally posted by: akankshaArsha


m really neutral for bb contestants nd my personal opinion has no sympathy with sonali...bt i found the act disgraceful(of ali..)
nd acc to ur logic...
since they live under same roof...how it gives him right to caress her knee ????



hmm u side tracked my answer.

u guys are treating this incident as a snapshot. this did not happen in vacuum

the fact that ali, sonali and upen were in bed means they are close enough to share a bed, talk and have fun

in this friendly environment he could touch her..like many times my friends come and give me a shoulder massage type stuff. or pat on the back

all i am saying even that is wrong if sonali says and then ali does it again

However

- this has nothing to do with consent

- and since we dont know evidence and we dont trust both lets not make it sexual
kaushikbasu thumbnail
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Posted: 10 years ago
#76

Originally posted by: hippopotamus


hmm.. did u quote wrong one? this talsk about victim/accuser filing a report and not burden of proof



No this the right one. If you read further the committee has to start investigation. Else as in most cases you would have to file complaints and submit all evidences relating for the investigator to start looking into the complaint and evidence e.g. if you accuse someone of stealing, you have to file complaint and give evidence of the same for the investigator to start investigating.
sharif_lafungi thumbnail
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Posted: 10 years ago
#77
its not about ali nd sonali yar...i give a damn to this incident coz how much we go on saying right or wrong...her actions make it evident that she will be fyn with it...still hippo ji ethically the touch was wrong...
nd about sexual...
honestly..m fed up of this discussion..considering its about sonali...
1011128 thumbnail
Posted: 10 years ago
#78

Originally posted by: kaushikbasu

No this the right one. If you read further the committee has to start investigation. Else as in most cases you would have to file complaints and submit all evidences relating for the investigator to start looking into the complaint and evidence e.g. if you accuse someone of stealing, you have to file complaint and give evidence of the same for the investigator to start investigating.


that could just be nature of the issue. nowhere it talks about burden being on accused or accuser. it even says that committee wil try to negotiate first.

i think you have misread it. if anything burden of proof is on no one and it is that committee which will probably ask both and come to a conclusion
1011128 thumbnail
Posted: 10 years ago
#79

Originally posted by: akankshaArsha

its not about ali nd sonali yar...i give a damn to this incident coz how much we go on saying right or wrong...her actions make it evident that she will be fyn with it...still hippo ji ethically the touch was wrong...
nd about sexual...
honestly..m fed up of this discussion..considering its about sonali...


i respect you and respect women more than women respect themselves

u dont know me

if i had detected clear evidence of ali doing it believe me i would have made an example of him here...and like none of you could do..lol

however i jusyt dont get that bad vibes from him. this more of a case of someone trying to get free with a girl ...flirt. however girl had agenda and did not like it and therefore overblew it

least we should do is accuse that person of feeling, sexual..its wrong. he is also son brother of someone..at least sonali sleeps in bed with others,,,upen gautam touches her..he has not done anything like that.

be fair..u can love gautam or p2g whatever...however be fair to everyone.

and my fair = stay neutral. and no sexual accusation
Edited by hippopotamus - 10 years ago
GoodGoneWrong thumbnail
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Posted: 10 years ago
#80
I agree with ur take...when u live in close proximity with a person in the house, accidental touches are bound to happen. Ali and Sonali have spent a lot of one on one time too.
Yes she did not give him consent to touch her...but did she take consent before putting her head on Gautam's shoulder? How about giving consent to Gautam and Upen for wherever they have touched her? If she was such a upright and straight forward girl, she would have made that clear by her behavior. As you rightly pointed look at Karishma and Minisha...

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