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51. The allegations set out in the Mail & Guardian are not necessarily the words of ‘Jane’ and she cannot be held to the veracity of everything written by one or more journalists. However, the proceedings before the Panel and the evidence of Isaacs has been recorded and made available to both ‘Jane’ and the WLC to enable ‘Jane’ to respond and challenge Isaacs should she so wish. Jane has elected not to present herself before the Panel and respond to Isaacs’ version. She has chosen not to be subjected to any form of testing of the allegations as they appear in the M&G or of the response and denial given by Isaacs23.

Additionally and importantly, for individuals who are able to work, social services should be structured to provide temporary “lifeline” assistance, not access to a lifetime of welfare dependency, which too commonly evolves into an multigenerational cycle.

285. Within less than ten days, the entire process of dealing with ‘rumours’ which had now erupted within this coterie of EE persons had been implemented.

The year which slips into the past has witnessed the emergence of Rahul Gandhi as a credible leader. He may not yet be a challenger to Mr Modi in terms of popularity, charisma and capacity to keep the audience spellbound with rhetorical oratory. But he has emerged as the only Opposition leader with a pan-India public presence. He may not yet be a potential Prime Minister in the waiting, but has surely begun to be taken more seriously. This transformation has been aided in no small measure by Mr Modi and his party. By heaping scorn and ridicule on the Congress president all the time, the BJP has repeated the mistake of the Sonia Gandhi-led party which had constantly targeted Mr Modi, contributing greatly in his rise.

It was B.R. Ambedkar, the key driver of the Constituent Assembly, who said: “The assertion by the individual of his own opinions and beliefs, his own independence and interest as over and against group standards… is the beginning of all reform.” These ideas also find their way into the Constitution.

141. I appreciate however, that the WLC has raised issues about how and in what manner women experience sexual harassment and the many sequelae thereof. I do note the advice by the WLC to this Panel that this Panel should reflect in this Report why it was that the complainants chose not to make their submissions available to those against whom they made complaints. The WLC wrote that the complainants came forward under the conditions given “within a climate and environment where hostilities and influence exist that are beyond the powers of this Panel to address.”

Of these, the vast majority – 1.9 million – are Hindu women. The total number of “separated” Muslim women is 0.28 million.

139. The WLC pointed out that the Terms of Reference of this enquiry as drafted by EE had not, perhaps, fully taken into account that the EE manuals and procedures were not the basis for this particular enquiry when no employee was the subject matter thereof. It may have been more helpful not to have grounded the enquiry within the usual EE process since no disciplinary steps could have been contemplated. The WLC responded that the way forward for their clients and for other women, would be to fully examine the toxicity of certain cultures and the means whereby these could be remedied and abuse prevented.

“Instead of having to keep a whole room clean you can just keep the wound clean and allow medical devices through while preventing dust or germs,” Boschitsch said.

Bad habits are not compatible with a healthy lifestyle. To be healthy, you need to stop smoking, and not abuse alcohol. You need to be often in the fresh air and lead an active lifestyle

147. ‘Fairness’ is indeed a flexible concept which must be tailored to each situation and each enquiry. Hence, my comments on some of the procedural issues which can be considered in an enquiry investigating sexual harassment because it is contextual factors which may determine the content of what is fair in a given situation.