By
Kian Ganz
Wednesday, 30 March 2016 18:42AnalysisAn estimated 6 minute read...
Artist's impression of how a rehabilitation could look
On Saturday (26 March), The Guardiannewspaper published a much-viral, much-sympathetic and much-criticised feature about RK Pachauri, the part-disgraced former Teri head who stands accused of criminal charges relating to his alleged sexual harassment over a junior colleague.
Following several minor victories, such as entering Teri in a new role and winning the right to travel, the Guardian article gave Pachauri space to air his defence to the charges - as is his legal right. He also claimed that his accuser had been “actively” flirting and “aggressively encouraged a deeper relationship” with him, and that her allegation cooked up in a conspiracy by anti-environmentalists and his many other enemies (the complainant was not pleased by the spin, according to this report).
But this is not a new narrative, either in Pachauri's or other cases; in fact, such rehabilitation of powerful men, whether in the eyes of the mainstream media, politics or the common man and woman, is par for the course, albeit a massively nuanced matter.
The two-and-a-half-year rehabilitation of AK Ganguly
Acknowledgements from Ganguly's book: Sweet or not so nice?
AK Ganguly, retired judge of the Supreme Court and ex-chairman of the West Bengal Human Rights Commission (WBHRC), was a panellist on the Telegraph National Debate earlier this month; a lawyer who attended blogged that Ganguly's appearance without the slightest protest about his character, had convinced him that the “issue was 'now confined to the dustbin of history'”.
To jog memories, the issue in question is that Ganguly had resigned mere days from the state HRC before parliament had begun impeachment proceedings to remove him from office, after a three-Supreme-Court-judge committee in November 2013 had found prima facie evidence of “unwelcome behaviour” by the ex-judge towards one of his former student research assistants.
While Ganguly continued to deny all allegations in his resignation letter as “unfounded and baseless”, the way the wind was blowing and evidence was stacking up, it's fair to describe it as a narrow escape for him: more likely than not the presidential reference against him would have succeeded.
Also pertinent to mention is that towards the latter stages of the scandal the poor man (and it seems proportionate to use that adjective in this context), was hounded by TV camera crews on his morning walks and had effigies of himself burnt outside of his office.
But only seven months later, the rehabilitation began: several stories in July of 2014 stated matter-of-factly that Ganguly had received a "clean chit" from the police after the intern “refused” to testify.
Powerful men have other tools available too. Late last year, for instance, in the acknowledgements of his book, Landmark Judgements That Changed India, Ganguly by name thanked four interns, including the one who had famously made the sex harassment allegation against him: "In writing this book, I received invaluable assistance from various interns. I would especially like to mention the names of [AA], [BJ] and [SJ]. [...] All of them were bright students of the West Bengal University of Juridical Sciences, Kolkata. It is futile for me to express my gratitude to these students as they are virtually like my children. I wish and pray that all of them have a bright future."
On one level, it is kindly uncle Ganguly making an innocent, even sweet statement of thanks to interns, who no doubt deserve credit for their often uncredited work.
One reasonable interpretation is Ganguly continuing to white-wash his own image, particularly as the intern's name is well-known after she made the initial allegations (without naming Ganguly) in her own name on a blog.
Even NUJS Kolkata - the college that provided Ganguly with student interns of whom he allegedly harassed one - recently re-welcomed Ganguly.
Ganguly had quit in January 2014 as NUJS guest faculty member because he did not want to “be a burden” following the brouhaha, with the college distancing itself from him after faculty and student protests. But exactly two years later, on 9 January of this year, Ganguly was chief guest at a campus event.
It is understood that Ganguly's former intern was in touch with the college about the invite with several faculty members registering their protest, and it emerged that an external organiser of the event had 'accidentally' invited Ganguly.
When asked via email why Ganguly was invited, NUJS vice chancellor, Professor Ishwara Bhat, responded only in an email with: "I have intimated Ms [SJ] on this matter. We are fully committed to the cause of protection of women and girls in the campus."
Pachauri claims victimhoodLegitimate question
It is instructive to look at the rehabilitation, or otherwise, of other powerful men accused of sexual harassment in the past few years in India.
Ex-Supreme Court judge Swatanter Kumar, for instance, has continued as chairman of the National Green Tribunal (NGT) after an aggressive defamation action and questionable gag order against several media organisations, as well as against the intern who filed a formal complaint of sexual harassment against him in the Supreme Court.
Ganguly's, Kumar's, and Pachauri's rehabilitations, in-part and in varying degrees, would suggest the following roadmap for others finding themselves in similar situations and wanting to remain in public life: avoid allegations becoming proven facts, sometimes by stalling legal processes; lay low, let things blow over; then gradually and cautiously re-emerge into public life.
But at the same time, their stories also raise a legitimate question: how long should a powerful man accused (or even convicted) of sexual harassment be a persona non grata, publicly, particularly since powerful men often have a value that they can contribute to the public discourse?
How does the limitation period for (alleged?) sexual harassment stack up against (alleged or proven) corruption, or white collar crimes, for instance?
It is hard to tell whether it is the rape charge that has apparently made Tarun Tejpal a more permanently toxic brand than the others, or whether it has been the fact that Tejpal was jailed, that the media establishment had turned on one of their own with glee, or that the substance of the allegations went public (and viral), in unvarnished detail, very quickly.
When Tejpal was invited to the Times of India litfest as a speaker in November 2014, he was almost immediately uninvited after a public outcry, mostly on Twitter.
Or maybe that was just a function of time, having been not even a year after the first surfacing of the allegations against him?
There is no obvious answer except that such arbitrary inconsistency is an indictment of the legal system more than anything else, being linked to the legal and PR strategies that are pursued rather than any culpability or guilt.
Due to the gaps in our criminal and civil justice system, it becomes easy to try and skirt responsibility, while the powerful man, by definition, continues to have access to media and the corridors of power for months and years after the initial allegations die down. For a lifetime (or usually sooner, when all has been forgotten), alleged perpetrators can hide behind 'but it was never proven', which gradually gets reshaped into a clean chit and then into conference and party invites again, as in the good old days.
So, while it may seem that it is easy to destroy the reputations and life works of powerful men when initial allegations surface, for most it ends up being little more than a speedbump in their career that needs to be carefully managed.
It would be preferable, as it is so often when we speak about the legal system, if such cases were opened and shut in a few months, letting all parties involved get on with their lives and put the past behind them, without recourse to double-speak.
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What is the basis of this statement of yours? Do you know the particulars of each of these cases? I am not even trying to refute your statements because I'm sure you're relying on anecdotal evidence of the nudgenudgewinkwink variety and there isn't a point in arguing with that. I'm not even saying that there are women have never used their sexuality to boost their careers. But you can't really substantiate that all women do that. Nor can you (probably) substantiate, that the women in all these instances have done that. This is pure hypothesis that is constructed on the rickety shambolic structure of your biases.
This is exactly what the article is talking about - you are now shifting the gaze from the alleged perpetrator to the alleged victim. What benefits have these women reaped from their complaints? And whatever these women are like, if they were harrassed, is that not wrong?
Also, you do a disservice to men by stating that they cannot control their behaviour or find all women irresistable. That's an unphelpful regressive view on men as well and reduces men to their sexual desires.
I think you need to think things through with more nuance. I am happy to stand corrected where there is a demonstrable mala fides and condemn women who act deviously or further an agenda like in the case of those women who randomly beat up the men in a bus and circulated the clip citing that they were molested. But your broadbrush generic approach is emblematic of the very issues these kinds of articles seem to highlight.
I am happy that you have not tried to refute my statement as stated in 1st para.
Coming next , what benefit these old men have forcibly extracted ?
Why these so called victim got only so close to be victimised as they claim ?
Why these so called victim tried to get in to the circle so early in their life far beyond their inherent strength ?
Can I take my house-maid to a small south Indian restaurant ? This I am talking about the old man taking a intern to Five Star Hotel for a glass of bear ?
can I take my steno on a foreign tour ?
can my driver afford a private car also with all sorts of branded consumer goods and consumer durables ?
To answer your questions, which seem kind of obvious:
1. For one, the old men get the 'benefit' of having the chance of sleeping with younger women who would normally not give them the time of day if their employment weren't dependent on the old man? But there could also be other things, such as validation, feeling of power, etc at play.
3. What does that mean? If a woman is harassed it's her fault for working in what they thought was a professional environment?
4. If you have to ask whether you can take your maid to a restaurant, then the answer is probably no. It's not rocket science to figure out if you're being a creep. If in doubt, don't do it. If you have an honest and respectful relationship with your maid and you can invite her to dinner without it being creepy or her having serious doubts about your intentions, maybe avoid it.
5. Steno on foreign tour - see 4. If you have to ask whether it's creepy or not, maybe you shouldn't, since you clearly don't seem to have the common sense to figure out yet when something is appropriate or not. If you take your female steno on a foreign tour and behave professionally, there should not be a problem. If you try to hit on her or make inappropriate comments throughout the trip, then the answer is no: go by yourself.
6. Huh? What does your driver and consumer goods have to do with anything?
Not defending AKG, but he was treated unfairly compared to Swatanter Kumar. Also, Professor Shamnad Basheer of NUJS instigated everyone to settle his personal battles. He did untold harm to NUJS. I want to know whether he similarly went on the rampage against Justice Kumar.
First off, Shamnad Basheer wasn't the only academic who spoke in favour of the complainant in the AKG case, and the vilification you indulge in here is exactly another reason of why powerful men win in these kind of battles: they have thousands willing to jump to their defence and do their hatchet jobs for them.
The evidence in the AKG case was very compelling and if the legal process had been followed to its conclusion, AKG would have likely lost his position at the WBHRC.
Basheer, I believe, was aware of much of this evidence and as someone with a voice in the legal and NUJS community stood up someone who did not, compared to AKG. To call that a 'rampage' or attribute it to 'personal battles' is dishonest.
Ahh...a nice flunkey of Justice Ganguly to defend the judge! Funny that you begin with: "Not defending AKG". Really? What is your argument? That the NUJS student intern's story was false? Ganguly himself realised the weight of evidence was against him! A number of NUJS faculty members demanded that Ganguly not be permitted to teach at NUJS and that he was a serious risk to safety of our students. So it was not just Prof Basheer alone. In fact, as I recall, it was Prof Saurabh Bhattacharjee who initiated the petition.
Somewhat agree with Guest123456 on the point of comparative unfairness......don't know much about SB episode, so no comments offered on that......but Kian seriously, I mean how can you write "ex-chairman of the National Human Rights Commission (NHRC) of West Bengal".....its West Bengal Human Rights Commission (WBHRC).....there is only one NHRC (located in the national capital).....ask someone to proof-read your article before putting it on the website dude.....
Very well made points by Kian. I am invoking the Epistolary Jurisdiction of the SC and sending across a letter to Dishonourable Justice Ganguly and the Chief. Will send it to Kian too for perusal. All you shitheads who are doing, blah blah it is my open challenge - save Justice Ganguly if you can! I am going to break this secrecy indluged by both the perpetrator and the victim. NUJS cannot get away with by saying they contacted SJ. Kian, call up the President of the Calcutta Club, as well. We want his two bits.
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This is exactly what the article is talking about - you are now shifting the gaze from the alleged perpetrator to the alleged victim. What benefits have these women reaped from their complaints? And whatever these women are like, if they were harrassed, is that not wrong?
Also, you do a disservice to men by stating that they cannot control their behaviour or find all women irresistable. That's an unphelpful regressive view on men as well and reduces men to their sexual desires.
I think you need to think things through with more nuance. I am happy to stand corrected where there is a demonstrable mala fides and condemn women who act deviously or further an agenda like in the case of those women who randomly beat up the men in a bus and circulated the clip citing that they were molested. But your broadbrush generic approach is emblematic of the very issues these kinds of articles seem to highlight.
Coming next , what benefit these old men have forcibly extracted ?
Why these so called victim got only so close to be victimised as they claim ?
Why these so called victim tried to get in to the circle so early in their life far beyond their inherent strength ?
Can I take my house-maid to a small south Indian restaurant ? This I am talking about the old man taking a intern to Five Star Hotel for a glass of bear ?
can I take my steno on a foreign tour ?
can my driver afford a private car also with all sorts of branded consumer goods and consumer durables ?
Dear, problem lies somewhere else also ?
Also, what do allusions to the driver etc seek to prove?
1. For one, the old men get the 'benefit' of having the chance of sleeping with younger women who would normally not give them the time of day if their employment weren't dependent on the old man? But there could also be other things, such as validation, feeling of power, etc at play.
2. If the women decline to 'get close', there's always the risk they might be fired. These allegations about Pachauri yesterday make exactly that point - she was allegedly fired when she confronted him: www.legallyindia.com/news/third-woman-alleges-rk-pachauri-had-sexually-harassed-her-at-teri-delhi-when-she-was-19-then-fired-her
3. What does that mean? If a woman is harassed it's her fault for working in what they thought was a professional environment?
4. If you have to ask whether you can take your maid to a restaurant, then the answer is probably no. It's not rocket science to figure out if you're being a creep. If in doubt, don't do it. If you have an honest and respectful relationship with your maid and you can invite her to dinner without it being creepy or her having serious doubts about your intentions, maybe avoid it.
5. Steno on foreign tour - see 4. If you have to ask whether it's creepy or not, maybe you shouldn't, since you clearly don't seem to have the common sense to figure out yet when something is appropriate or not. If you take your female steno on a foreign tour and behave professionally, there should not be a problem. If you try to hit on her or make inappropriate comments throughout the trip, then the answer is no: go by yourself.
6. Huh? What does your driver and consumer goods have to do with anything?
The evidence in the AKG case was very compelling and if the legal process had been followed to its conclusion, AKG would have likely lost his position at the WBHRC.
Basheer, I believe, was aware of much of this evidence and as someone with a voice in the legal and NUJS community stood up someone who did not, compared to AKG. To call that a 'rampage' or attribute it to 'personal battles' is dishonest.
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