…

உண்மை எங்கே…??? ( பகுதி-2 )

சமூகப் பொறுப்புடைய 259 பெண்கள் ஒருங்கிணைந்து,
கையெழுத்திட்டு, ஒரு கடிதத்தை
உ.நீ.மன்ற நீதிபதிகளுக்கு அனுப்பியுள்ளனர்.

அதலிருந்து சில பகுதிகள் கீழே –
( இதை அப்படியே ஆங்கிலத்திலேயே
கொடுப்பது தான் பொருத்தமாக இருக்கும்
என்பதால், அப்படியே தந்திருக்கிறேன்…. )

In a letter addressed to the Judges of the Supreme Court of India

dated Wednesday April 24, 2019, over 250 women lawyers and academics

made an appeal to the apex court for a fair probe on the allegations

of sexual harassment raised by a former employee against Chief

Justice of India Ranjan Gogoi.

———————

We, lawyers, scholars and members of women’s groups and civil

society are shocked at reading the contents of the complaint of

sexual harassment and criminal intimidation suffered by a former

employee of the Supreme Court of India. An affidavit was submitted

by the aggrieved woman to the 22 judges of the Hon’ble Supreme Court

detailing the sexual harassment faced by her from none less than the

Chief Justice of India. The 29 pages-long affidavit explained how

she was posted in the office of the Chief Justice, systematically

pursued at her home and office through calls and messages,

encouraged initially with compliments, favours and excessive

attention, finally followed by sexual advances. The administrative

persecution both by way of termination of employment, and

registration of criminal cases against her and her family members

came upon her when she rejected the sexual advances made by the

Chief Justice.

While the allegations listed in the affidavit are shocking, equally

worrisome was the response of the Chief Justice: apart from denying

the charges, he constituted a Special Bench along with two other

Judges at 10.30 am to hear a matter of “great public importance

touching upon the independence of judiciary”. In short, he

constituted a Bench to hear his own case! Justice Arun Mishra and

Justice Sanjiv Khanna, who were part of the specially constituted

Bench, noted that they will not pass an Order, but nevertheless did

so. Referring to the allegations as “wild and scandalous”, they went

on to say that such allegations negate the independence of the

Judiciary. They also counseled the media to observe restraint.

Strangely, the Order did not name the presence of the Chief Justice

at whose instance the Special Bench was convened.

Further, there was nothing in the Order which indicated that the

Judges passed this Order based upon any investigation by a competent

authority.

We are both shocked and saddened that the Chief Justice of India as

well as the Special Bench have responded as most men, in public

office or in positions of authority and power do, when accused of

sexual misconduct. Denial of the allegations, maligning the

complainant, citing past histories, imputing ulterior motives to the

complainant are familiar and regular devices deployed by accused

men. Equally common is the undertaking of vindictive measures

including administrative harassment and suits of defamation against

complainants.

Not only have the Chief Justice and the Supreme Court of India not

set an example by their behavior, but they appear to have moved a

step ahead to delegitimize women’s complaints of sexual harassment –

they have declared that the allegation is itself an attempt to

tarnish the independence of the Judiciary. This is both indefensible

and appalling. We fail to see what this has to do with the

independence of the Judiciary, which we wish to uphold as

conscientious citizens, but this ought not to be interpreted to mean

immunity from investigation when allegations are made.

The Bar Council of India has rubbished the complaint as an attempt

to malign the Judiciary and termed it politically motivated. In the

absence of a duly conducted investigation or enquiry, we are puzzled

about how the BCI, lawyers and judges are concluding with such haste

that the complaint is false, baseless and motivated. On 24th April

it has been reported that, Justice Bobde, the next senior most judge

from

Supreme court has been asked by the CJI to appoint a committee which

will enquire into the allegations of sexual harassment against the

CJI.

Justice Bobde has appointed a committee with himself as chair and

Justice N V Ramana and Justice Indira Banerjee as members. The

constitution of this committee with no external member is in

complete violation of The Sexual Harassment of Women at Workplace

(Prevention, Prohibition, and Redressal) Act 2013. Media reports

that this committee will start hearing on Friday 26th April 2019 and

that it

has no fixed time frame in which to finish the proceedings, will

follow an in house procedure and will not allow legal representation

to either parties. While the Mr Ranjan Gogoi may not need legal

representation, this is tilting the balance against the complainant,

again violating the spirit of the Vishakha judgement and The Sexual

Harassment of Women at Workplace (Prevention, Prohibition, and

Redressal) Act 2013.

In the given circumstances, keeping in mind the magnitude of the

complaint we demand:

a) A Special Enquiry Committee consisting of credible individuals be

constituted to conduct a thorough enquiry at the earliest and create

an atmosphere of transparency and confidence for the complainant to

depose.

b) The Special Enquiry Committee should follow the norms of the IC

and accordingly conduct its enquiry.

c) The Chief Justice of India should refrain from transacting

official duties and responsibilities until the completion of the

enquiry.

d) The Complainant should be allowed legal assistance from lawyer of

her choice.

e) The enquiry should be completed within 90 days as stated in the

law.

It is these measures which will uphold the dignity and independence

of the Judiciary and more particularly, restore the faith of all

women, indeed all citizens of the country, in the Judiciary.

( https://www.thehindu.com/news/national/over-250-women-lawyers-and-academics-appeal-to-sc-for-fair-probe-on-cji-sexual-harassment-case/article26932650.ece )

.
———————————————————————————————————————-