Another graduate of NUJS Kolkata has alleged that she was sexually harassed by a then-sitting Supreme Court judge in 2011, reported the Indian Express today. The story follows in the wake of West Bengal Human Rights Commission (WBHRC) chairman AK Ganguly’s resignation after claims that he had harassed an intern after his retirement.
Update: Swatanter Kumar has been named as the the alleged former judge by IBNLive.
According to the Express, the new complainant was assisting the judge in organising a conference as part of her internship and was emboldened to make a complaint because of the stand taken by the complainant against Ganguly:
The Indian Express has confirmed from sources in Delhi and Kolkata that the woman sent her detailed complaint to the CJI last month. However, she was told by the apex court that there was little the CJI could do and that she could take appropriate action under law. It is likely that the complainant will file a petition seeking action against the former judge…
Sources said that “strongly disturbed and upset” with the behaviour of the judge, the woman left the internship mid-way. She is learnt to have talked to her close friends and family about the incident. Sources said she decided to bring the alleged incident to the CJI’s notice after the swift response of the apex court to the allegations against Ganguly.
Legally India understands that her internship was formally organised through her college internship processes, unlike in the case of Ganguly’s former intern, who was a research assistant informally deputed to the former judge by the college.
The allegation was first reported on 19 December 2013 by the Mail Today. The paper wrote at the time:
… it is learnt, the second intern has been told by the apex court that it can't take any action to help her in this case. "A senior law officer sent an affidavit to the Chief Justice affirming in a sealed cover that another intern had levelled allegation of sexual harassment against another recently retired Supreme Court judge," said the source. "But in a full court meeting (which comprises all the judges of the Supreme Court) convened to take a call on the Ganguly issue, a decision was taken that no more complaints against retired judges will be entertained by the court," the source said. This effectively has shut the door for any response to the second intern's complaint from the court.
threads most popular
thread most upvoted
comment newest
first oldest
first
Wrong question ! Why is this not happening to male students ?
NUJS VC and each Members of EC and GC are been paid from the fees of the students to do a job and thay just cant remain silent.......... thay have to answer to the Nation.
An appeal to all the media of the Nation to call for a press conference / discussion forum and let the NUJS VC and each Members of EC and GC be also invited to give their reply on their PERFORMANCE of work.
If the Chancellor of NALSAR could make a UNIVERSITY REVIEW COMMISSION why did not the Former Chancellor of NUJS cansititue the UNIVERSITY REVIEW COMMISSION in NUJS ?
We expect a reply from the Former Chancellor of NUJS or present Chancellor of NUJS ?
Quoting Guest:
Is this Arnab Goswami?
Now here comes another intern with another story. It is early to know where this will go but the damage is already done. Whether it was a friendly pat on the back or a creepy grope no one is likely to ever know that Justice Swatanter Kumar intended but it is almost certain that his name will now be associated with dark gossip. And people will whisper when he passes by.
It worries me that people are slowly beginning to see the power of media trials and mob justice and are more and more inclined to use the power of a million first impressions over having to withstand the rigour of a court scrutiny or police investigation, which however flawed, are for better or worse the appropriate course of action. Perhaps she will, unlike Stella, have the courage to file a complaint instead of fence-sitting and interview-giving. And perhaps Legally India will not repeat the earlier decision to increase viewership at the cost of a man's reputation.
As far as I know, in this case, the alleged victim formally complained to the CJI in December, who reportedly said that the court had no power to act. I don't know why a complaint to the apex court would ever be considered inappropriate? If anything, it is showing respect and deference to the court, surely...
And how is it the complainant's fault that the SC chose not to do anything and that the media got hold of the complaint somehow? And what legal obligation was she under to go to the police, after the SC refused to act?
Say you're working in a Sensex company, and the CEO sexually discriminates against you by not promoting you. You don't file a criminal complaint because it is perhaps not a criminal offence, but you write a letter of complaint to the board / sex harassment cell. Or you choose to write a letter to the shareholders. Or you go to the media about the guy, if no action is taken internally.
Are those ok, or should the victim just shut up according to you because the CrPC is silent?
Say the same CEO then propositions you indecently (or say touches you indecently) without any witnesses. A criminal case as 'outraging modesty' might just be a possibility but hard to prove. Many lawyers would surely advise you to follow the internal non-criminal procedure of lodging an internal complaint first (or perhaps talk to shareholders, etc, if unsuccessful), rather than wasting time and money with an FIR. Other lawyers might advise you to file an FIR anyway, to intimidate the offender.
Now take the SC allegations. The possibility of a criminal case might exist but it could be hard to prove. But administratively, the court does have jurisdiction to decide over wrong doing or breaches of ethics of sitting and possibly former judges, or at the very least, it should be allowed to have a view about it and take action (which is the same power the CJI used to institute a Vishaka-style cell late last year, covering advocates).
If the SC then chooses to start an administrative procedure, as is it's absolute prerogative, why should you or the criminal law care in such a case?
Or, take the example of the US or UK. Say, a rape victim chooses not to file a criminal case because proof beyond reasonable doubt might be hard to establish. However, a civil case for compensation, where proof is on a balance of probabilities, might very well be successful.
Ultimately, unless there is a law that compels a victim to use it, whatever the victim chooses is the victim's prerogative and no one else's.
Ganguly himself resigned voluntarily. The presidential reference never got a chance to come to a finding.
The media continued to write alleged victim and alleged harasser.
Protestors in Kolkata may have burnt effigies, but that is a matter for the police to take up if it amounts to harassment or assault.
Where is the wrong that's been committed?
Yes, Doomed ! He can't get interns of the female variety any more... that is an extreme punishment.
Write about the harasser in your blog. Write to National Womens Commission. Donate to some NGOs. Sue the CEO in personal capacity for damages suffered, agony, depression, shock. Engage moonlighting cyber cell cops to privately tap the harasser's emails and mobile phone (this service available if you know your way around), find the something fishy. Use it all to establish balance of probabilities. Enjoy.
Today a press conference has been organised by some Human Rights groups and some eminent advocated of SC and Del HC at Bango Bhavan, 3 Hailey Road, New Delhi-100001, demanding immediate resignation of Mr. Swatanter Kumar from the National Green Tribunal. The conference is to start at 2:00 PM.
Maybe NUJS is indeed better than hundreds/thousands of law schools...
threads most popular
thread most upvoted
comment newest
first oldest
first