Sexual Harassment At The Workplace In India: Over-Powering Patriarchy At Work
We, the undersigned activists and organizations of the Indian women’s movement express our outrage at the fact that R.K. Pachauri has filed a civil suit for injunction and demanded damages of Rs. 1 crore against Advocate Vrinda Grover. The attempt is to hold Ms. Grover liable in a civil suit for her efforts towards bringing official cognizance of two complaints of sexual harassment at the workplace brought against Mr. R.K. Pachauri by two of his former colleagues. Both these women have complained that they were sexually harassed at TERI by Mr. Pachauri much prior to the complainant of FIR dated 18th February 2015, in which Mr. R.K. Pachauri has now been charge-sheeted in February 2016. Alarmingly, despite the fact that Ms. Grover has sent repeated written communications to senior officers of the Delhi police informing them that her two clients would like their statements to be recorded, the police have till date not taken any steps in this regard.The very public attack on Ms. Grover is a matter of concern for all those who, like the signatories to this letter, are struggling to deliver substantive justice under the laws on sexual harassment in the workplace in India today.
Firstly: All codes of professional ethics have been breached in this act of suing Ms. Grover for damages. Mr. Pachauri’s legal representative, Ashish Dixit, in The New Indian Express article titled “European Woman Accused Pachauri of Harassment”, dated 31st March 2016, has charged Ms. Grover of leading a “conspiracy to defame”Mr. R.K. Pachauri. This imputation of motives of a criminal nature to Ms. Grover, the opposing counsel, is a serious violation of the statutorily binding professional code of conduct and etiquette expected from advocates. This breach is made even more egregious by the fact that Ms. Grover is the woman lawyer representing two women in their complaints of sexual harassment by the petitioner, leading as it does to the inescapable conclusion that the civil suit is just a continuation of the intimidation and vilification of women (be they complainants or their lawyers) who have the temerity to pursue complaints of sexual harassment against powerful men.
Second: Given that laws and provisions legitimizing the grievance of workplace sexual harassment are relatively recent, investigation into such charges needs to record the complete history of every case that may be relevant to ongoing investigations. By refusing to record the statements of Ms. Grover’s clients against Mr. R.K. Pachauri for close to a year after Ms. Grover approached them on their behalf, the police have already demonstrated its lack of commitment to a full and vigorous investigation of these women’s grievances. Now, by suing Ms. Grover for acting on her clients’ instructions to make their statements public, Mr. Pachauri seeks to restrain her from executing her responsibilities to her clients. Clearly his intent is also to deny to these two women, and by implication all complainants, the right to share their experiences of sexual harassment in public when their every effort to access justice has been thwarted.
The fact of the matter is that this civil suit against Ms. Grover is yet another instance of the impunity which Mr. Pachauri has been able to maintain with respect to his abuse of three women’s human rights.His objective in trying to gag Ms. Grover, is to consolidate the immunity given to him by his organisation TERI, by ‘cooperative’ police officials strangely reluctant to record the two statements that will strengthen the case against him, and amenable sections of the media which have buttressed his claims of being framed in the charges against him.
Over the past month or so, Mr. Pachauri has courted the international media. In interviews given to The Guardian and The Observer, he presents himself as a man beleaguered and hounded by climate-change sceptics and women activists, conflating women activists taking up charges of sexual harassment with climate change sceptics.The three women complainants it should be pointed out were working for the cause of climate change to the point of enduring sexual harassment from Pachauri, which makes such a charge of belittling the cause of climate change absolutelyridiculous.
As individuals and organizations committed to the implementation of the country’s laws on sexual harassment in the workplace, we condemn in the strongest terms Mr. Pachauri’s shamelessly transparent bid to influence the sub judice case about to enter its trial phase in a month’s time. The fact that Mr. Pachauri’s suit is also directed simultaneously at prominent Indian media houses, such as Bennett Coleman, NDTV, and India Today, reveals an intent aimed at throttling all public reference to the complaints of sexual harassment against him.
Furthermore, we would like to emphasise that Mr. Pachauri’s suit against opposing counsel has implications that will have a chilling effect on complaints of sexual harassment, as it has all the characteristics of an instance of a strategic lawsuit against public participation (SLAPP). Such legal actions are intended to censor, intimidate, and silence critics by burdening them with the cost of a legal defence until they abandon their criticism or opposition. In addition, since Mr. Pachauri’s suit also targets prominent media houses, the aim is perpetuation of a social space in which only Mr. Pachauri’s defence and allegations against complainant(s) holds sway, thereby creating an atmosphere that is in general disbelieving and often downright hostile to complainant(s) and their efforts to access justice.
Accordingly, we demand that official cognizance be taken of the attempt to intimidate Ms. Grover and her clients. Mr Pachauri’s actions suggest that he has learnt nothing from the failure of his earlier attempts to silence the complainants. Mr. Pachauri it appearsis finding it difficult to understand that he can no longer evade the law and he will have to face legal consequences.
We expect those who bear the responsibility of bringing him to justice, to convey this message to Mr. Pachauri in clear and unambiguous terms. We also urge the National Commission for Women to maintain oversight of the pre-trial process and ensure that it is not influenced or subverted by those who seek to protect Mr. Pachauri from the consequences of his actions.
We call upon all like-minded individuals and organizations to join us in supporting the right of Advocate Vrinda Grover to pursue this case and bring justice where it is due.
- Ayesha Kidwai, Jawaharlal Nehru University
- Ania Loomba, JNIAS/ University of Pennsylvania
- Kalyani Menon-Sen, Feminist Learning Partnerships, Gurgaon
- Mary E John, Centre for Women’s Development Studies
- Kavita Krishnan, AIPWA
- Janaki Abraham, Delhi University
- AIDWA, Delhi
- Nandini Rao, New Delhi
- Geetha Nambisan, Jagori
- Annie Raja, NFIW
- Syeda Hameed
- Mani, University of Calcutta
- Aarthi Pai, Lawyer
- Aatreyee Sen, Forum for Human Rights and Justice
- Ahmad Faraz, Coordinator MenEngage Delhi
- Ammu Joseph, Independent journalist and author
- Anita Ghai, Ambedkar University
- Anja Kovacs, Internet Democracy Project
- Anjuman Ara Begum, Women in Governance, India
- Ankita, NIRD
- Anuradha Kapoor, Swayam
- Aprajita Sarcar, Queen’s University, Canada
- Archana, PRADAN
- Aruna Gnanadason, Independent Consultant
- Arundhati Dhuru, NAPM
- Ashish Kothari, Pune
- Ashok Yadav, Social Worker
- Bhim Subba, Delhi University
- Sen, PUCL /MFC
- Burnad Fathima Natesan, Tamil Nadu Women’s Forum.
- Chayanika Shah, LABIA – A Queer Feminist LBT Collective
- Chirashree Das Gupta, Jawaharlal Nehru University
- D Subrahmanyam, PUDR
- Deepa V, Delhi
- Deepak Xavier, New Delhi
- Devadeep Chowdhury, Journalist
- Dr Nandita Shah, Akshara
- Dr Sandeep Pandey, Socialist Party
- Dr V Rukmini Rao, Gramya Resource Centre for Women
- Anand Philip,
- Anant Phadke, Health activist
- Durgesh, Tata Institute of Social Sciences, Mumbai
- Dyuti, Researcher
- G Arunima, Jawaharlal Nehru University
- Gabriele Dietrich, Movement for Women’s Rights, Madurai
- Gargi Mishra, Lawyers Collective Women’s Rights Initiative
- Gayatri Sharma, Women Power Connect
- Geeta Seshu, Independent Journalist, Mumbai
- Gina Dias, New Delhi
- Ginny Shrivastava, Women’s Movement
- Githa Hariharan, Writer
- Gouranga Ch. Mohapatra, Janaswasthys Abhiyan, Odisha
- Imrana Qadeer, Council for Social Development
- Indranil, Public Health Foundation of India
- Ira Bhaskar, Jawaharlal Nehru University
- Ishita Chaudhry, Founder, The YP Foundation
- Janaki Nair, Jawaharlal Nehru University
- Jashodhara Dasgupta, SAHAYOG
- Jasmeen Patheja, Blank Noise
- Javed Malick, Retired Academic
- Jaya Menon, Professor, Shiv Nadar University
- Jayati Ghosh, Jawaharlal Nehru University
- Johanna Lokhande, Independent
- Julia George, Lawyer
- Jyoti Sabharwal, University of Delhi
- Jyotsna Sivaramayya, Independent Researcher
- Ajitha, Anweshi Women’s Counselling Centre, Kozhikode, Kerala
- Kalpana Mehta, M.P. Maahila Manch
- Kamayani Bali Mahabal, Feminist and Human Rights Activist
- Kartika Bhatia, The World Bank
- Kasturi Chatterjee, Jawaharlal Nehru University
- Kaushik Roy Chowdhury, Accenture
- Kavitha Kuruganti, ASHA
- Khushboo, University of Delhi
- Kriti Budhiraja, University of Minnesota
- Lata Singh, Jawaharlal Nehru University
- Laxmi Murthy, Journalist, Bangalore
- Lina Krishnan, Bangalore
- Madhu Bhushan, Independent activist. (re)searcher, writer
- Madhu Sahni, Jawaharlal Nehru University
- Madhurima Nundy, Institute of Chinese Studies
- Malika Virdi, Maati
- Mamatha Karollil, Ambedkar University Delhi
- Manak Matiyani, The YP Foundation
- Meena Menon, Journalist
- Mihira Sood, Advocate, Supreme Court
- Mita Deshpande, Jawaharlal Nehru University
- Mohan Rao, Jawaharlal Nehru University
- Moushumi Basu, Jawaharlal Nehru University
- Mridu Kamal, Women’s Rights Activist
- Mukul Mangalik, Delhi University
- Nalini Nayak, Kerala Stree Vedi
- Nandita,
- Navaneetha M, Jawaharlal Nehru University
- Neeraj Malik, Delhi University
- Neha G, Communications Professional
- Nisha Biswas, WSS, WB
- Nivedita Menon, Jawaharlal Nehru University
- Nupur Basu, Journalist
- Nupur Chowdhury, Jawaharlal Nehru University
- Om Prakash, Delhi University
- Padma Deosthali, CEHAT
- Padma Velaskar, Tata Institute of Social Sciences,Mumbai
- Padmaja Shaw, (retd) Osmania University
- Padmini Swaminathan, Tata Institute of Social Sciences
- Pamela Philipose, Senior Journalist
- Panchali Ray, Jadavpur university
- Papiya Mazumdar, Institute of Public Health Kalyani, West Begal
- Paromita Vohra, Filmmaker and Writer
- Poorvi Bhargava, Student
- Poulomi Pal, Fulbright scholar
- Prabha, TARSHI
- Pramada Menon, Independent Consultant
- Pratiksha Baxi, Jawaharlal Nehru University
- Preeti Chauhan, Individual
- Primla Loomba, National Federation of Indian Women
- Prof Pritam Singh, Oxford Brookes University
- Anjali Monteiro, Tata Institute of Social Sciences
- Gopinath, Jamia Millia Islamia
- Radha Holla, Independent researcher
- Radhika, Advocate
- Rajni Palriwala, Department of Sociology, University of Delhi
- Ramnarayan, Uttarakhand
- Ranjan De, Documentary film-maker
- Reva Prakash, Jawaharlal Nehru University
- Ridhima, Delhi
- Rigya Singh, NGO
- Ritambhara, Nazariya and ASER Centre – Pratham
- Rohini Hensman, Union Research Group
- Ashalatha, Mahila Kisan Adhikaar Manch
- Sadhna, Saheli, Delhi
- Sadhna Saxena, Delhi University
- Sagari Ramdas, Food Sovereignty Alliance, India
- Saheli Women’s Resource Centre, Delhi, Saheli Women’s Resource Centre
- Samir Kumar Dass, Jharkhand Science Forum & JSA
- Sandhya Srinivasan, Journalist
- Sangeeta Dasgupta, Jawaharlal Nehru University
- Sangeeta Rege, Personal
- Sanjay Kak, Film maker, New Delhi
- Sarita Falcao, Individual
- Sarojini N, Health Researcher
- Savita Prabhune, Advocate
- Shambhavi Prakash, Jawaharlal Nehru University
- Sharmila Sreekumar, Academic
- Shehla Rashid, Vice-President JNUSU, Jawaharlal Nehru University
- Shewli, Tata Institute of Social Sciences
- Shilpa Phadke, TISS
- Shoba Ghosh, University of Mumbai
- Shobha, WSS
- Shobhana Warrier, Delhi University
- Shraddha, concerned citizen
- Shraddha, phD candidate UoH
- Shraddha Chigateri, ISST
- Shubhangi, Association for Adovcacy and Legal Initiatives (AALI)
- Siddharth Narrain, Lawyer, Delhi
- Simona Sawhney, Indian Institute of Technology, Delhi
- Soma Kishore Parthasarathy, CAWL Rights
- Somya, Student
- Sona Mitra, CBGA
- Sonal Narain,
- Subhash Gatade,
- Sucharita Sen, Jawaharlal Nehru University
- Sujata Patel, University of Hyderabad
- Sukumar Muralidharan, Independent Journalist
- Sunalini Kumar, Delhi University
- Suneeta Dhar, Activist
- Sunil Kaul, The Ant
- Sunita Bandewar, Vidhayak Trust, Pune
- Supriya Varma, Jawaharlal Nehru University
- Surabhi Sharma, Independent filmmaker
- Svati P Shah, University of Massachusetts
- Swatija Manorama, Forum against oppression of women, Mumbai
- Tanvi Mishra, Feminist Approach to Technology
- Tenzing Choesang, lawyers collective
- Tultul Biswas, Madhya Pradesh Mahila Manch
- Ujwala Kadrekar, Socio-legal Consultant
- Uma Chakravarti, Feminist historian, Delhi
- Urmimala Sarkar Munsi, Jawaharlal Nehru University
- Urvashi Butalia, Zubaan Publishers Pvt Ltd
- Usman Jawed,
- Sujatha, Jawaharlal Nehru University
- Vanita Leah Falcao, Independent policy researcher
- Vasanth Kannabiran, Asmita Resource Centre for Women
- Veronica George, Independent Consultant
- Vibhuti Patel, WRAG, Mumbai
- Vinay Kulkarni, Prayas Health Group Pune
- Vineeta Bal, Scientist, New Delhi
- Virginia Saldanha, Indian Christian Women’s Movement
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Huge number of cases are pending in lower and higher courts, specially cases of national importance, rights of LGBTQ, harassment and rapes and atrocities on women,etc. The verdicts take years and the accused are left free so as to enable them to find pretexts to drag the case further and further. Pachauri has found a ploy of extending the ‘freedom’ granted to him by our judicial system. Nirbhaya’ case is dragging on and on… Many cases on politicians on scams worth crores are pending without any conclusion… Maoists and innocents are waiting in over-crowded prisons awaiting the date of hearing their pleas – let alone verdicts!
There is an urgent need for timed disposal of cases, civil or criminal. Otherwise, many ‘Pachauris’ would take advantage of a judicial system full of loopholes and enjoy life without remorse. In the process, justice will be delayed, denied and destroyed by the accused by razing out witness or fabricating evidence or compelling witness turning into approvers.
Advocates and civil society must try to evolve framework for speedy disposal of cases by increasing competent judges, measures to stop the accused from filing suits to deliberately delay verdicts and turn the final judgement in the favour of accused and restrictions on the accused in performing his task until the case is cleared.
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Reblogged this on wingedream and commented:
It is encouraging to see so many women together prepared to resist for a common cause against people and power at high places.It is also not just a question of gender sensitivity.It is also about universal injustice and human rights . Misuse has to be fought be it by men or women !
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While in full agreement with the above, I also find it encouraging that many women have got together to see a finer attempt in the garb of legalese to gag the voice against sexual harassment of women at workplace and decided to resist .. . It is the aggregation of such efforts that societal rules gradually change….Keep it up…..
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