New Delhi: Several women’s activists, women’s rights groups, lawyers and feminists from across India have come together to issue a statement demanding a fair and impartial inquiry – in accordance with the Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act 2013 – into the sexual harassment allegations against Chief Justice of India Ranjan Gogoi.
In their letter to the apex court, the signatories demand that a special inquiry committee comprising “credible individuals” be set up, the complainant be allowed legal assistance of her choice and that Gogoi refrain from transacting official duties till the inquiry is over.
The inquiry should be completed within 90 days, the women say.
The Wire has reported on the matter – and the fact that the former apex court employee had in an affidavit dated April 19 revealed the apparent victimisation she, her husband and their family have undergone over the past few months. The victimisation, she claims, began after she spurned what she claimed were inappropriate advances of the CJI last October.
After the story came out, in an emergency hearing on Saturday, the chief justice himself presided over the matter. Refuting the allegations, Gogoi said that there was a “bigger plot” to deactivate the office of CJI.
Also read: SC Asks Lawyer to File Affidavit on Claim That Disgruntled Employees ‘Conspired’ Against CJI Gogoi
Earlier, several activists, writers and academics including Arundhati Roy, Medha Patkar, Aruna Roy, Kamla Bhasin, Bezwada Wilson and Anjali Bhardwaj had also endorsed a statement demanding an independent probe into the matter.
The letter also underlines how the CJI’s and the apex court’s response to the allegations delegitimise women’s complaints of sexual harassment.
“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,” the letter reads.
Also read: Charge Against CJI Gogoi Should Be Handled Correctly If SC Wants to Keep People’s Faith
“Media reports that this committee will start hearing on Friday 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 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,” they added.
Full text of the statement is reproduced below.
§
To
The Judges of the Supreme Court of India, New Delhi
CJI Sexual Harassment case: Seeking a fair and impartial enquiry in accordance with the Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act 2013
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 counselled 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 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.
- The Special Enquiry Committee should follow the norms of the IC and accordingly conduct its enquiry.
- The Chief Justice of India should refrain from transacting official duties and responsibilities until the completion of the enquiry.
- The Complainant should be allowed legal assistance from lawyer of her choice.
- 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.
Signed by:
- Rama Melkote, Prof.(Retd) Osmania University
- Amita Dhanda, Professor, Nalsar, Hyderabad
- S Jeevan Kumar, Human Rights Forum
- Flavia Agnes, Advocate
- Labia, A Queer Feminist LBT Collective Mumbai
- Chayanika Shah, FAOW
- V.Geetha, Writer, Chennai
- Vasudha Nagaraj, Advocate
- Jayasree Subramanian, Visiting Faculty, HBSE, Mumbai
- Veena Gowda, Advocate
- N. Vasanti, Professor of Constitutional Law, Nalsar, Hyderabad
- Mary E John, New Delhi
- Veena Shatrugna, Former Deputy Director, National Institute of Nutrition
- Uma Chakravarti, Historian
- Sandhya Gokhale, Mumbai
- Ammu Abraham, Mumbai
- Nandita Shah, Akshara, Mumbai
- B. Girija, State Project Manager, Sakhi Telangana
- Kabi Sherman, Mumbai
- Meena Gopalan, Mumbai
- Hasina Khan, Mumbai
- Shals Mahajan, Mumbai
- Rohit Prajapati, Vadodara
- Forum Against Oppression of Women, Mumbai
- A. Suneetha, Anveshi Research Center for Women’s Studies
- Susie Tharu, Prof.(Retd) EFL University
- K Sudha, Assistant Professor, DSNLU, Member, Human Rights Forum
- K Anuradha, Human Rights Forum
- Janaki Nair, JNU
- Sujata Patel, Indian Institute of Advanced Study
- Sukla Sen, Mumbai
- 32. Kamayani Mahabal, Mumbai
- Lara Jessani, Advocate, Mumbai
- Dr J Vijayalakshmi, Advocate
- Archana Pydah, Advocate
- K. Kiran Mayee, Advocate
- V. Naga Lakshmi, Advocate
- Sneha Bhogle, Advocate
- M. Mandakini, Advocate
- Mohammed Shakeel, Advocate
- Sherin. B.S, EFL University, Hyderabad
- Ranjana, Women against Sexual Violence and State Repression, Bhubaneswar
- Kalpana Karunakaran, IIT Madras
- B. Girija
- Kavitha Muralidharan, Journalist, Chennai
- Meera Velayudhan, Policy Analyst, Kochi
- Prema Revati, Educationist
- Rachana Mudraboyina, Telangana Hijra Intersex Transgender Samiti
- Karuna, Researcher, Chennai
- Dr Rukmini Rao, Gramya Resource Centre for Women, Hyderabad
- Saheli, Women’s Resource Center, New Delhi
- Vasudha Katju, Researcher, New Delhi
- K. Satyavati, Bhumika, Hyderabad
- Aisha Farooqui, Prof. (Retd) Osmania University
- Swathy Margaret, Researcher
- S. Ashalatha, Social Activist
- Sajaya. K, Caring Citizens Collective
- Vyjayanti Vasanta Mogli, Telangana Hijra Intersex Transgender Samiti
- Asma Rasheed, EFL University, Hyderabad
- Tejaswini Madabhushi, Hyderabad for Feminism
- Uma Bhrugubanda, EFL University, Hyderabad
- Radhika Khajuria, New Delhi
- Purwa Bharadwaj, Delhi
- Yenna Deepa Sai, Advocate
- Ketki Ranade, Mumbai
- Asha Achuthan, Mumbai
- Vineeta Bal, Pune
- Anjali Rawat, Law Researcher
- Anubha Rastogi, Lawyer, Mumbai
- Madhu Bhushan
- Aatreyee Sen, Forum for Human Rights and Justice, Himachal Pradesh
- Pragnya Joshi, PUCL, Udaipur
- Dr. Albertina Almeida, Advocate, Goa
- Vennela Madabhushi, Lawyer, Bangalore
- Harini Karnamadakala, Content Writer
- Nari Samata Manch
- Anuradha Pati, Development Professional
- Soma KP, Independent Research Scholar
- Lata Singh, JNU
- Urmilla Chandran, Principal Technical Writer
- Sarah Mathews, Sankalp Women’s Support Alliance
- Nari Samata Manch, Pune
- North East Network, Assam, Meghalaya, Nagaland
- Kaneez Fatima, Activist and Librarian
- Kalyani Menon-Sen, Feminist Learning Partnerships
- Masooma Ranalvi, We SpeakOut
- Srinivas Vellikad, Senior Manager, Documentation
- Seethalakshmi, Researcher
- Lakshmi Lingam, Professor, Mumbai
- Sunkara Rajendra Prasad, Advocate, Vijayawada
- Supriya Jan, CORO India
- Arundhati Dhuru, NAPM
- Vahida Nainar, Mumbai
- Karuna DW, Chennai
- Sumi Krishna, Independent Scholar, Bangalore
- Laxmi Murthy, Journalist, Bangalore
- Meena Seshu, Sangram
- Jayasree.A K., Professor, Community Medicine, Govt. Medical College, Kannur
- Shaitan Singh, Law Student, Visakhapatnam
- Anjana Ramanathan, Advocate
- Piyoli Swatija, Advocate
- VS Krishna, Human Rights Forum
- Smita Gupta, New Delhi
- North East Network, Assam, Meghalaya, Nagaland
- Saheli Women’s Resource Center, New Delhi
- Geeta Seshu, Journalist
- Lakshmi Krishnamurthy
- Reva Yunus, Azim Premji University
- Ritu Dewan, Vice President at Indian Society of Labour Economics
- Sarojini.N, New Delhi
- Brinelle D’souza, TISS
- Deeptha Achar, Professor, Baroda
- Shilpaa Anand, BITS- Pilani, Hyderabad campus
- Shefali Jha, University of Hyderabad
- M. Madhavi, Assistant Professor, Presidency University, Bangalore
- Kumar Shubham Raj, Advocate, Bihar
- Vedula Chitralekha, Advocate
- Bushra Quasmi, Asst Prof, DSNLU, Visakhapatnam
- Madhumeeta Sinha, EFL University
- B Syama Sundari, Dastakar Andhra
- Abha Bhaiya, Jagori
- Ambika Tandon, New Delhi
- Anandhi.S, Researcher, Chennai
- Dr. M. Ajay, Dermatologist
- Sumitra, Ankuram
- Shalini Gera, Advocate, Bilaspur High Court
- Meera Sanghamitra, National Alliance of People’s Movements, Telangana
- Smita Gupta, New Delhi
- Govind Kelkar, Senior Advisor – Women, Land & Productive Assets
- Sharmila Sreekumar, IIT, Bangalore
- P V Srividya, Journalist, Krishnagiri
- Jayasree Subramanian, Visiting Faculty, HBSCE, Mumbai
- K. Katyayani, Prof (Retd), Kakatitya University, Warangal
- Deepa V health Activist, Delhi
- Sunita Sheel, Forum for Medical Ethics Society, Mumbai; Vidhayak Trust, Pune
- Anuradha Kapoor, Kolkata
- Veena Johari, Advocate, Mumbai
- Mumtaz Sheikh, CORO Mahila Mandal federation Mumbai
- Rohini Hensman, Writer & Researcher
- Dr Sagari R Ramdas, Veterinary Scientist
- Tashi Choedup, Buddhist Monastic, Human Rights Activist
- Poushali Basak, Mumbai
- Aditi Joshi, Mumbai
- Amarjit Singh, Mumbai
- Kaveri Dadhich, Mumbai
- Padma, Independent Researcher , Mumbai
- Abhay. S
- Cleophas. B
- Leena. M
- Sonakshi.K
- Loshua. S
- Anurita.P
- Hitesh. F
- Shakun Doundiyakhed, Ooty
- R. Alphonso, Mumbai
- Neha Singh, Mumbai
- Shewli Kumar, Mumbai
- Bharati Kapadia, Mumbai
- Bindhulakshmi Pattadath, Mumbai
- Bharathi. G
- Catrinel Dunca, Ahmedabad
- Sudhanva. V
- Nirja Vasavada, Ahmedabad
- Shumona Goel
- Mani A., Kolkata
- Kamaxi Bhate, Mumbai
- Ariane. B
- Mehernosh. B
- Dhruvika. J
- Haresh. T
- Rajeev. C
- Mridul Dudeja, Mumbai
- Persis. S
- Pallavi. G
- Chandanathil. G
- Lavanya.J
- Pratishtha. P
- Satjot. L
- Margaret. G
- Jogitha. J
- Ajit. P
- Eshvendar. R
- Aapyayani. K
- Kavinder. R
- Doris. L
- Moruni. M
- Kavya. S
- Jayaram. N
- Ekta. S
- Samir. P
- Nandini Rao, Activist, New Delhi
- Rakhi Sehgal, Labour Activist, New Delhi
- Gayatri, Faculty, TISS, Hyderabad
- Abhiti Gupta, Legal Activist, New Delhi
- Maneka Khanna, Advocate, Delhi
- Surabhi Dhar, Advocate, Delhi
- Zeba Sikora, Advocate, Mumbai
- Rupali Samuel, Advocate, Delhi
- Payoshi Roy, Advocate, Mumbai
- Archit Krishna, Advocate, Chattisgarh
- Satnam Kaur
- Reethika Ravikumar
- Mini Mathew, Advocate
- Sadhna Arya, University of Delhi
- Fatima N, Tamil Nadu
- V Rukmini Rao, Hyderabad, Telangana
- Poorva Rajaram, Researcher, New Delhi
- Vanessa Chishti, Jindal Law University, Sonipat
- Esther Moraes, New Delhi
- Niti Saxena, Lucknow
- Tusharika Mattoo, Advocate, Delhi
- Maulshree Pathak, Advocate Delhi
- Shreya munoth, Advocate, Delhi
- Sayali Kadu, Advocate, Delhi
- Shuchi Dwivedi, Advocate, Delhi
- Rhea Goyal, Advocate, Delhi
- Sowjhanya Shankaran, Advocate, Delhi
- Anushree Malviya, Advocate, Delhi
- Sonal Sarda, Advocate, Delhi
- Sanya Kumar, Advocate, Delhi
- Shreya Rastogi, Advocate, Delhi
- Harshita Reddy, Advocate, Delhi
- Sanjana Srikumar, Advocate, Delhi
- Avantika, Advocate Delhi
- Ninni Susan Thomas, Advocate Delhi
- Nidhi Rao Gummuluru, Advocate, Delhi
- Vasundhara Majithia, Advocate Delhi
- Meghana Sengupta, Advocate Delhi
- Shailiza Sharma, Advocate, Delhi High Court
- Kanika Sood, Advocate Delhi
- Kruti Venkatesh, Advocate, Bombay High Court
- Bhavana Sunder, Advocate, Bombay High Court
- Rhea Jha, Advocate, Bombay High Court
- Devyani Kulkarni, Advocate, High Court, Bombay
- Khusboo Agarwal, Bombay
- Sara Ahmed, Bombay
- Surabhi Singh, Advocate, High Court at Bombay
- Ronita Bhattacharya, Advocate, High Court, Bombay
- Jahnavi Vishwanath, Chennai
- Janaki Abraham, Delhi University
- Dimple Oberoi Vahali
- Vandana Mahajan, A Feminist Practitioner
- Lalita Ramdas, Educator and Citizen, Alibag, Maharashtra
- Bebaak Collective
- Chitra Sinha, Centre for Gender Research, Uppsala University, Sweden
- Sana Contractor, Public Health Researcher, New Delhi
- Vasudha Sawaiker, Social Justice Action Committee, Goa
- Amita Kanekar, Writer, Goa
- Adsa Fatima, Health Activist, Delhi
- Dr Mira Shiva
- Dr. Saswati Ghosh, Academic and Activist, Kolkata
- Amita Pitre, Consultant, Public Health and Gender Justice, Mumbai
- Gayatri Singh, Senior Advocate, Bombay High Court
- Nisha Biswas, Kolkata
- Bindhulakshmi, Mumbai
- Kiran Shaheen
- Radhika Desai, Hyderabad
- Ritu Dewan, Mumbai
- Purnima Gupta, New Delhi