FWICE demands director Mukesh Chhabra's services be reinstatated

FWICE demands director Mukesh Chhabra's services be reinstatated 

The Federation of Western India Cine Employees (FWICE) has written a

letter addressing the Managing Director of Star India, requesting that

director Mukesh Chhabra’s ‘arbitrary and illegal suspension’ be revoked

immediately. The letter has cited the non-observance of the provisions of

the POSH Act, 2013, in the enquiry procedure that started after

anonymous complaints surfaced against him in the ongoing #MeToo

movement, in the last two weeks. Mukesh Chhabra was suspended as the

director of ‘Kizie Aur Manny’, starring Sushant Singh Rajput and debutante

Sanjana Sanghi, on October 19, following anonymous sexual harassment

complaints.

The letter states, “It is gratifying to know that Star India is committed to an

anti-sexual harassment policy and, has recently conducted an enquiry to

investigate allegations of sexual harassment and abuse against its CEO, in the light of a recent anonymous complaint. From

this, it appears, that the company is well aware that the Sexual Harassment of Women at Workplace (Prevention, Prohibition &

Redressal) Act, 2013, (POSH), has well defined procedures for registering and investigating a sexual harassment complaint. The

POSH enquiry procedure is based on the principle of natural justice which requires that both the victim and the alleged

harasser shall be provided an opportunity to be heard, before any disciplinary action is taken. Disciplinary action may be taken

only after the POSH enquiry has been completed, both sides have been duly heard, witness statements recorded and a copy

of the findings shared with both the victim and the alleged harasser. It is pertinent to note, that, the POSH Act recognises the

possibility of false complaints being filed and mandates equal disciplinary action against false complainants, so that the

innocent are not wrongly defamed or charged. However, it has come to our notice, that, in violation of the POSH enquiry

procedure and the principle of natural justice as laid down under the POSH Act, a notice has been served on our affiliate,

IFTDA’s member, director Mukesh Chhabra, arbitrarily suspending his services as director of the film ‘Kizie Aur Manny’, based

on hearsay and anonymous complaints. This is a blatant violation of the enquiry and investigation procedure laid down in the

POSH Act.”

BN Tewari, the president of FWICE, told BT, “We are a trade union organisation with 24 crafts under our umbrella. We have to

ensure that the dignity and honour of our members are intact and their fundamental right to work and make a living is not

snatched away from them. The POSH Act supports the right to have a fair chance to be heard. So, we have requested the said

studio to inform us as to why a POSH enquiry was not conducted as per the legal provisions of the act. We also want to know

why our member was not provided with a copy of the written complaint against him, why he was not given a chance to present

his defense before an Internal Complaints Committee (ICC) and why a copy of the enquiry report was not served to him. On the

basis of all these shortcomings, we have requested the company to revoke Chhabra’s suspension with immediate effect.

Failing to do so, we will have to take further action, as per our rules and regulations.”