Feminist Activists & Groups Release A Statement On The CJI Sexual Harassment Case

Feminists are seeking a fair and impartial enquiry in accordance with the Anti-Sexual Harassment of Women at Workplace Act in the CJI sexual harassment case.

By Guest Writer Apr 24, 2019 6 min read

24^th April, 2019
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 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 26^th 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
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.
S. 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, Kerala
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
Japleen Pasricha, FII