New Delhi: More than 300 women – including civil society groups, lawyers, activists and academics – have issued a statement expressing their solidarity with the woman who alleged sexual harassment by Chief Justice of India Ranjan Gogoi, and supported her decision to withdraw from the in-house panel looking into the allegations.
The 35-year-old woman raised four specific objections while withdrawing from the committee: that she was not allowed to have her lawyer accompany her, that there were no video or audio recordings of the committee proceedings, that she had not been given copies of her depositions and that she had not been informed of the procedure that the committee was following.
She also alleged that the judges on the panel – Justice S.A. Bobde, Indu Malhotra and Indrani Banerjee – were not treating the case with sensitivity. She described the atmosphere in the committee meeting “very frightening” and said she felt that she was “not likely to get justice” there.
In their statement, the women have said that the committee has “delegitimised” itself by continuing with the inquiry and summoning CJI Gogoi even after the women withdrew. They have asked that the court put a stop to these proceedings, and said that the panel is “inherently flawed” due to the lack of an external member.
Read the full text of their statement below.
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We, members of women’s groups, lawyers, scholars and civil society, stand in solidarity with the decision of the complainant to withdraw from the in-house committee proceedings into her complaint of sexual harassment at workplace, against the Chief Justice of India. The reasons given by her in the letter justify her decision to abstain, especially in the context of total imbalance of power vis-a-vis her on one side and the members of highest judiciary on the other.
Post the Complainant expressing her decision not to participate in the process, the Chief Justice of India is said to have appeared before the Committee and the Committee has decided to proceed with the enquiry ex-parte.
By this very conduct the committee has completely delegitimized itself. If the committee continues to proceed with the enquiry instead of satisfactorily concluding the matter it will raise many more questions.
We write again, calling upon the Supreme Court judges to take corrective steps and put a halt to these proceedings. If they fail to do so, not only the complainant but the citizens of this country, especially women and marginalized sections, will lose faith in the judicial system.
Also read: Handling of Harassment Complaint Against CJI Perpetuates Existing Power Imbalance
We are aware, that this is an extraordinary case that calls for extraordinary measures to be put in place, as this is a matter pertaining to the highest judicial authority under the constitution.
However, extraordinary measures cannot and ought not to overlook, fundamental principles of natural justice and fair hearing.
We reiterate that the constitution of the three judge Committee is inherently flawed, as the Chief Justice is senior to the three judges hearing the complaint and head of the Institution. The Committee also does not adhere to the spirit of either the 2013 Act or the Vishaka Guidelines, laid down by the Hon’ble Supreme Court itself in 1997. The absence of an external member, whose role is to ensure that there is no undue pressure or influence on either the complainant or the witnesses during the enquiry, casts a shadow on the intent behind and the purpose of setting up this Committee itself.
Further, failing to stipulate the procedure to be followed, terming the proceeding as an ‘informal’, and not allowing a lawyer/support person to be present, completely ignores the unequal balance of power not only between the parties but also between the complainant and the Committee itself.
Also read: Even Judges Are Mortals When it Comes to Sexual Harassment at the Workplace
The procedure established by law has not only to be followed by those subordinates to the Hon’ble Supreme Court, but by the Supreme Court itself. Articles 14 and 21 of the Constitution of India would have no meaning otherwise.
If the highest judicial authority does not follow its own procedures and stand up in support of the less powerful, it will send a message of disquiet to all those keeping faith in the system.
In order to maintain this faith and to stand with the less powerful, the complainant in this case, we implore the present Committee to immediately stop hearing this Complaint.
We once again demand of the Hon’ble Supreme Court of India:
- 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 the principles of natural justice 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 must be allowed to be represented by a lawyer/support person of her choice.
Endorsed by,
- Forum Against Oppression of Women, Mumbai
- Nari Samata Manch, Pune
- North East Network, Assam, Meghalaya, Nagaland
- Labia – A Queer Feminist LBT Collective Mumbai
- Saheli Women’s Resource Center, New Delhi
- Bebaak Collective
- People’s Union for Civil Liberties (PUCL), Maharashtra
- National Federation of Indian Women
- All India Progressive Women’s Association (AIPWA)
- Nari Ekta Shakti Sangathan, Delhi
- Women Against Sexual Violence and State Repression
- National Alliance of People’s Movements
- Nirantar, A Center for Gender and Education, New Delhi
- Sandhya Gokhale, FAOW
- Gautam Mody, General Secretary, New Trade Union Initiative
- Veena Gowda, Advocate, Mumbai
- Adv Vasudha Nagaraj, Lawyer, High Court of Telangana, Hyderabad
- Chayanika Shah, Queer Feminist Researcher and Activist, Mumbai
- Nisha Biswas, Scientist and WSS, Kolkata
- Dr. Veena Shatrughna, Former Director, National Institute of Nutrition, Hyderabad
- Vyjayanti Vasanta Mogli, Transgender RTI activist, Telangana
- Meera Sanghamitra, National Alliance of People’s Movements, Telangana
- Kavita Srivastava, PUCL
- Adv. Pyoli Swatija, Supreme Court of India and WSS
- Flavia Agnes, Advocate
- Sandhya, Progressive Association of Women, Telangana
- V. Geetha, Historian and Writer, Chennai
- N. Vasanti, Professor of Constitutional Law, Nalsar, Hyderabad
- Mary E John, New Delhi
- Uma Chakravarti, Historian, New Delhi
- Ammu Abraham, Mumbai
- Nandita Shah, Akshara, Mumbai
- Meena Gopal, Mumbai
- Hasina Khan, Mumbai
- Shals Mahajan, Mumbai
- Rohit Prajapati, Vadodara
- Susie Tharu, Feminist Academic and Researcher, Avneshi, Hyderabad
- Amit Kumar, Student, LLB, Faculty of Law, University of Delhi
- Sarah Mathews, Sankalp Women’s Support Alliance
- Bijaya Chanda, Advocate, Alipore Court, Kolkata, West Bengal
- Nityanand Jayaraman, Writer, Social activist. Chennai.
- Sumi Krishna, Former President (2005-08), Indian Association for Women’s Studies,Bengaluru
- Kiran Shaheen, Journalist and Feminist Activist, New Delhi
- Uma Shankari, Farmer, Researcher on Water, Environment and Livelihoods
- Chitra, Labia, Mumbai
- Adv Lara Jesani, People’s Union for Civil Liberties (PUCL), Maharashtra
- Vandita Morarka, Founder/CEO, One Future Collective
- Tara, Feminist Collective, Sonepat
- Saumya Malhotra, Democracy Collective , Delhi NCR
- Arundhati Dhuru, NAPM Lucknow,U P
- Lovika Jaiswal, Campus Law Centre, University of Delhi, Noida
- Leena Pujari, K C College, Mumbai.
- Vimal Bhai, National Convenor, National Alliance of People’s Movements
- B.Girija, State Project Manager, Sakhi Telangana
- Meena Seshu and Aarthi Pai, Sangram, Maharashtra
- Gita Chadha, Sociologist, Mumbai
- Shruti Chakravarty, Mental Health Practitioner, Bombay
- Nandita Narain, Associate Professor, St Stephen’s College, Delhi University. Former President, Delhi University Teachers’ Association and Federation of Central Universities Teachers’ Associations
- Mitra Mukherjee-Parikh, Former Head, Associate Professor, SNDTWU
- Dr. Joseph M.T., Department of Sociology, University of Mumbai, Kalina, Mumbai 61. Rukmini Banerjee, Researcher, Mumbai
- Kabi. S, Mumbai
- Dr V Rukmini Rao, Executive Director Gramya Resource Centre for Women, Tarnaka, Secunderabad, Telangana
- Karuna DW, Chennai
- Padmaja Shaw
- Purnima Gupta, Delhi
- Khadijah Faruqui, The Alternate Space Delhi, A Women’s Collective, New Delhi
- Tanya Jaiswal, Modern school, Noida
- Supriya Jain, CORO India, Mumbai
- K Ramnarayan, Uttarakhand, India
- Kamayani Bali Mahabal, Humans Rights Activist, Mumbai
- Bharat, Feminist Activist, Vishakha, Jaipur
- Shahira Naim, Special Correspondent, The Tribune, Lucknow
- Aiman Khan, Bangalore
- Varsha Mehta
- Roshni, Research Scholar, Tata Institute of Social Sciences
- Pallavi Sobti Rajpal, Ahmedabad
- Meher Bhoot, WDC, University of Mumbai, Mumbai
- Kusumtai Chaudhari Mahila Kalyani C/o Snehja Rupwate
- Anupama Potluri, Assistant Professor, University of Hyderabad, Hyderabad
- Minakshi Sanyal, Queer feminist activist, Kolkata
- Poushali Basak, FAOW, Tata Institute of Social Sciences, Mumbai
- Anita Rego, Social Researcher
- Smita Parmar, Social Activist, Hajipur, Bihar
- Swabhiman Lok Seva Sansthan run by Medical Mission Sisters
- Aruna Rodrigues,Environmental and Agro-ecology, Sunray Harvesters, MP
- Subhasat
- Bindu Doddahatti, Advocate, Bangalore
- Tejaswini Madabhushi, Hyderabad for Feminism
- A. Suneetha, Senior Fellow, Anveshi Research Center for Women’s Studies
- Dr. Asma Rasheed, Assistant Professor, EFL University
- Sumitra Anukram, Founder of Anukram
- Madhumita Sinha, EFL University, Hyderabad
- Sajaya K., Independent Journalist and Social Activist, Caring Citizens Collective
- Khalida Parveen, General Secretary Amoomat Society
- Madhavi Mirapa, Scholar
- Uma Bhrugubanda, EFL University, Hyderabad
- Jayasree Subramanian, Visiting Faculty, Homi Bhabha Center for Science Education, Mumbai
- Aileen Marques, Advocate Mumbai
- Pratibha Shinde, Lok Sangharsh Morcha, Nandurbar, Maharashtra
- Bittu K., Women Against Sexual Violence and State Repression, Telangana Hijra Intersex Trans Samiti, Asawarpur, Haryana
- Tara Murali, Architect, Chennai
- Padma, Human Rights Activist
- Samar Bagchi, Educationist and Former Director, Birla Industrial and Technological Museum, Kolkata
- Nandini Rao, Feminist Trainer and Activist, Women Against Sexual Violence and State Repression, New Delhi
- Sandeep Pandey, Socialist Activist and NAPM, UP
- M. Mandakini, Lawyer
- Kondaveeti Satyavati Bhumika, Hyderabad
- Sherin B.S.,English and Foreign Languages University
- Lawrence, President, Inigo Foundation
- Madhurima Majumder, Assistant Professor, Rajiv Gandhi National Institute of Shyamala Nataraj, South India AIDS Action Programme
- Anupama J, Counselor
- M.Sujatha, SPERDS NGO
- Jayna Kothari, Senior Advocate
- Bindulakshmi, Mumbai
- Suresh Melettukochy, Bhopal
- Jai Sen, Researcher and Editor, New Delhi
- Shubhada Deshmukh, Mahila Arogya Parishad, Gadchiroli, Maharashtra
- Sana Contractor, Public Health Researcher, New Delhi
- Youth Development
- Nandita Gandhi, Activist, Mumbai
- Manisha Gupte, Feminist, MASUM, Pune
- Madhu Madhavan, Ex. JJP Member, Current PhD student from Tata Institute of Social Sciences, Mumbai
- Vimalbhai, Matu Jan Sangatgan, Uttarakhand
- Mamta Singh, Social Worker, Women Rights Activist, Lucknow, UP
- Rama Melkote, Prof.(Retd) or Political Science, Senior Activist, Osmania University, Hyderabad
- S Jeevan Kumar, Human Rights Forum
- K Sudha, Assistant Professor, DSNLU, Member, Human Rights Forum
- K Anuradha, Human Rights Forum
- Janaki Nair, JNU, New Delhi
- Sujata Patel, Indian Institute of Advanced Study
- Sukla Sen, Mumbai
- K. Kiran Mayee, Advocate
- V. Naga Lakshmi, Advocate
- Mohammed Shakeel, Advocate
- Ranjana, Women against Sexual Violence and State Repression, Bhubaneswar
- Kalpana Karunakaran, IIT Madras
- Kavitha Muralidharan, Journalist, Chennai
- Meera Velayudhan, Policy Analyst, Kochi
- Prema Revati, Educationist
- Rachana Mudraboyina, Telangana Hijra Intersex Transgender Samiti
- Saheli, Women’s Resource Center, New Delhi
- Vasudha Katju, Researcher, New Delhi
- Aisha Farooqui, Prof. (Retd) Osmania University
- Swathy Margaret, Researcher
- S. Ashalatha, Social Activist
- Radhika Khajuria, New Delhi
- Purwa Bharadwaj, Delhi
- 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
- Pragya Joshi, PUCL, Udaipur
- Dr. Albertina Almeida, Advocate, Goa.
- Vennela Madabhushi, Lawyer, Bangalore
- Anuradha Pati, Development Professional
- Soma KP, Independent Research Scholar
- Lata Singh, JNU
- Urmilla Chandran, Principal Technical Writer
- Kaneez Fatima, Activist and Librarian
- Kalyani Menon-Sen, Feminist Learning Partnerships
- Masooma Ranalvi, We SpeakOut
- Srinivas Vellikad, Senior Manager, Documentation.
- S. Seethalakshmi, Researcher
- Lakshmi Lingam, Professor, Mumbai
- Sunkara Rajendra Prasad, Advocate, Vijayawada
- Vahida Nainar, Mumbai
- Laxmi Murthy, Journalist, Bangalore
- Jayasree.A K., Professor, Community Medicine, Govt. Medical College, Kannur, Kerala
- Shaitan Singh, Law Student, Visakhapatnam
- Anjana Ramanathan, Advocate
- Piyoli Swatija, Advocate
- VS Krishna, Human Rights Forum
- Smita Gupta, 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
- Bushra Quasmi, Asst Prof, DSNLU, Visakhapatnam
- B Syama Sundari, Dastakar Andhra
- Abha Bhaiya, Jagori
- Ambika Tandon, New Delhi
- Anandhi.S, Researcher, Chennai
- Shalini Gera, Advocate, Bilaspur High Court
- Govind Kelkar, Senior Advisor – Women, Land & Productive Assets
- Sharmila Sreekumar, IIT, Bangalore
- PV Srividya, Journalist, Krishnagiri
- K. Katyayani, Prof (Retd), Kakatitya University, Warangal
- Deepa V health Activist, Delhi
- Sunita Bandewar, 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
- Aditi Joshi, Mumbai
- Amarjit Singh, Mumbai
- Kaveri Dadhich, Mumbai
- Padma, Independent Researcher , Mumbai
- Shakun Doundiyakhed, Ooty
- R. Alphonso, Mumbai
- Neha Singh, Mumbai
- Shewli Kumar, Mumbai
- Bharati Kapadia, Mumbai
- Bindhulakshmi Pattadath, Mumbai
- Catrinel Dunca, Ahmedabad
- Nirja Vasavada, Ahmedabad
- Shumona Goel
- Mani A., Kolkata
- Kamaxi Bhate, Mumbai
- Mridul Dudeja, Mumbai
- 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, Chhattisgarh
- Satnam Kaur, New Delhi
- Reethika Ravikumar, Mumbai
- Mini Mathew, Advocate, Mumbai
- Sadhna Arya, University of Delhi
- Fatima N, Tamil Nadu
- Poorva Rajaram, Researcher, New Delhi
- Vanessa Chishti, Jindal Law University, Sonipat
- Esther Moraes, New Delhi
- Niti Saxena, Lawyer, Researcher, and Activist, 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
- Chitra Sinha, Centre for Gender Research, Uppsala University, Sweden
- 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
- Bindhulakshmi, Mumbai
- Radhika Desai, Hyderabad
- Ritu Menon, New Delhi
- Shraddha Chickerur, Hyderabad
- Svati Joshi, Ahmedabad
- Aruna Burte, Pune
- Malavika Karlekar, New Delhi
- Sujata Gothoskar, Trade Union Activist, Mumbai
- Nalini Nair, SEWA, Kerala
- Sangeeta Chatterji, FAOW
- Nisha, National Convenor, WSS
- Ajita, National Convenor, WSS
- Shalini, National Convenor, WSS
- Rinchin, National Convenor, WSS
- Hiranmay Karlekar, New Delhi
- Rina Mukerji, Independent Journalist
- Vibhuti Patel, Mumbai
- Kavita Krishnan, AIPWA, New Delhi
- Swarna Rajgopalan, Chennai
- Chittaroopa Palit, Madhya Pradesh
- Bondita Acharya, Human Rights Activist, Assam
- Bela Bhatia, Bastar
- AI Sharada, Laadli, Population First
- Amit Mitra, New Delhi
- Sujata Mody, National Secretary, New Delhi Trade Union Initiative
- M. Dilli, Joint Secretary, Garment and Fashion Workers Union, Chennai
- Anju Talukdar, Independent law and development professional, New Delhi
- Vidha Saumya, Visual Artist, Oshiwara, Mumbai
- Jasveen Jairath, Consultant, Water and Ecology, Concerned Citizens, Hyderabad
- Shreya Suresh, Advocate, Bangalore
- Sowmya Khandelwal, Associate at a Law Firm, Bangalore
- M.V. Swaroop, Advocate, Madras High Court
- Mangla Verma, Advocate, New Delhi
- Chitra Narayan, Advocate, Chennai
- Anusha Ramanathan, Visiting Faculty, University of Mumbai, Consultant, TISS
- Richa, Humsafar, Lucknow
- Sunila Singh, Woman Human Rights Defender, New Delhi
- Zainab, Humsafar, LucknowAfroz Jahan, Humsafar, Lucknow
- Anurekha, Associate Professor, Department of Psychology, University of Hyderabad, Hyderabad
- Lalita, National Alliance of Women’s Organizations, Odisha
- Sister Lissy Joseph, National Domestic Workers Movement, Hyderabad
- Nikhat Fatima, Journal Activist
- Vasundhara Vedula, Mumbai
- Swatija Manorama, Mumbai
- Amrita Howlader, Kolkata
- Nazia Akhter, Hyderabad
- Swarup Beria, Guwahati
- Arpita Jaya, Quill Foundation
- Sheela Rahulan, Vanithakalasahithi, Trivandrum
- Dr. Iris Koileo, Assocaite Professor (Retd.), St. Xavier’s College,
- Women Writers Group, Vinimaya, Thiruvananthapuram, Kerala