New Delhi: Several women’s activists, women’s rights groups, lawyers and feminists from across India have come together to issue a statement demanding a fair and impartial inquiry – in accordance with the Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act 2013 – into the sexual harassment allegations against Chief Justice of India Ranjan Gogoi.In their letter to the apex court, the signatories demand that a special inquiry committee comprising “credible individuals” be set up, the complainant be allowed legal assistance of her choice and that Gogoi refrain from transacting official duties till the inquiry is over.The inquiry should be completed within 90 days, the women say.The Wire has reported on the matter – and the fact that the former apex court employee had in an affidavit dated April 19 revealed the apparent victimisation she, her husband and their family have undergone over the past few months. The victimisation, she claims, began after she spurned what she claimed were inappropriate advances of the CJI last October.After the story came out, in an emergency hearing on Saturday, the chief justice himself presided over the matter. Refuting the allegations, Gogoi said that there was a “bigger plot” to deactivate the office of CJI.Also read: SC Asks Lawyer to File Affidavit on Claim That Disgruntled Employees ‘Conspired’ Against CJI GogoiEarlier, several activists, writers and academics including Arundhati Roy, Medha Patkar, Aruna Roy, Kamla Bhasin, Bezwada Wilson and Anjali Bhardwaj had also endorsed a statement demanding an independent probe into the matter.The letter also underlines how the CJI’s and the apex court’s response to the allegations delegitimise women’s complaints of sexual harassment.“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,” the letter reads.Also read: Charge Against CJI Gogoi Should Be Handled Correctly If SC Wants to Keep People’s Faith“Media reports that this committee will start hearing on Friday 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 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,” they added.Full text of the statement is reproduced below.§ToThe Judges of the Supreme Court of India, New DelhiCJI Sexual Harassment case: Seeking a fair and impartial enquiry in accordance with the Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act 2013We, 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 counselled 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 26th 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 UniversityAmita Dhanda, Professor, Nalsar, HyderabadS Jeevan Kumar, Human Rights ForumFlavia Agnes, AdvocateLabia, A Queer Feminist LBT Collective MumbaiChayanika Shah, FAOWV.Geetha, Writer, ChennaiVasudha Nagaraj, AdvocateJayasree Subramanian, Visiting Faculty, HBSE, MumbaiVeena Gowda, AdvocateN. Vasanti, Professor of Constitutional Law, Nalsar, HyderabadMary E John, New DelhiVeena Shatrugna, Former Deputy Director, National Institute of NutritionUma Chakravarti, HistorianSandhya Gokhale, MumbaiAmmu Abraham, MumbaiNandita Shah, Akshara, MumbaiB. Girija, State Project Manager, Sakhi TelanganaKabi Sherman, MumbaiMeena Gopalan, MumbaiHasina Khan, MumbaiShals Mahajan, MumbaiRohit Prajapati, VadodaraForum Against Oppression of Women, MumbaiA. Suneetha, Anveshi Research Center for Women’s StudiesSusie Tharu, Prof.(Retd) EFL UniversityK Sudha, Assistant Professor, DSNLU, Member, Human Rights ForumK Anuradha, Human Rights ForumJanaki Nair, JNUSujata Patel, Indian Institute of Advanced StudySukla Sen, Mumbai32. Kamayani Mahabal, MumbaiLara Jessani, Advocate, MumbaiDr J Vijayalakshmi, AdvocateArchana Pydah, AdvocateK. Kiran Mayee, AdvocateV. Naga Lakshmi, AdvocateSneha Bhogle, AdvocateM. Mandakini, AdvocateMohammed Shakeel, AdvocateSherin. B.S, EFL University, HyderabadRanjana, Women against Sexual Violence and State Repression, BhubaneswarKalpana Karunakaran, IIT MadrasB. GirijaKavitha Muralidharan, Journalist, ChennaiMeera Velayudhan, Policy Analyst, KochiPrema Revati, EducationistRachana Mudraboyina, Telangana Hijra Intersex Transgender SamitiKaruna, Researcher, ChennaiDr Rukmini Rao, Gramya Resource Centre for Women, HyderabadSaheli, Women’s Resource Center, New DelhiVasudha Katju, Researcher, New DelhiK. Satyavati, Bhumika, HyderabadAisha Farooqui, Prof. (Retd) Osmania UniversitySwathy Margaret, ResearcherS. Ashalatha, Social ActivistSajaya. K, Caring Citizens CollectiveVyjayanti Vasanta Mogli, Telangana Hijra Intersex Transgender SamitiAsma Rasheed, EFL University, HyderabadTejaswini Madabhushi, Hyderabad for FeminismUma Bhrugubanda, EFL University, HyderabadRadhika Khajuria, New DelhiPurwa Bharadwaj, DelhiYenna Deepa Sai, AdvocateKetki Ranade, MumbaiAsha Achuthan, MumbaiVineeta Bal, PuneAnjali Rawat, Law ResearcherAnubha Rastogi, Lawyer, MumbaiMadhu BhushanAatreyee Sen, Forum for Human Rights and Justice, Himachal PradeshPragnya Joshi, PUCL, UdaipurDr. Albertina Almeida, Advocate, GoaVennela Madabhushi, Lawyer, BangaloreHarini Karnamadakala, Content WriterNari Samata ManchAnuradha Pati, Development ProfessionalSoma KP, Independent Research ScholarLata Singh, JNUUrmilla Chandran, Principal Technical WriterSarah Mathews, Sankalp Women’s Support AllianceNari Samata Manch, PuneNorth East Network, Assam, Meghalaya, NagalandKaneez Fatima, Activist and LibrarianKalyani Menon-Sen, Feminist Learning PartnershipsMasooma Ranalvi, We SpeakOutSrinivas Vellikad, Senior Manager, DocumentationSeethalakshmi, ResearcherLakshmi Lingam, Professor, MumbaiSunkara Rajendra Prasad, Advocate, VijayawadaSupriya Jan, CORO IndiaArundhati Dhuru, NAPMVahida Nainar, MumbaiKaruna DW, ChennaiSumi Krishna, Independent Scholar, BangaloreLaxmi Murthy, Journalist, BangaloreMeena Seshu, SangramJayasree.A K., Professor, Community Medicine, Govt. Medical College, KannurShaitan Singh, Law Student, VisakhapatnamAnjana Ramanathan, AdvocatePiyoli Swatija, AdvocateVS Krishna, Human Rights ForumSmita Gupta, New DelhiNorth East Network, Assam, Meghalaya, NagalandSaheli Women’s Resource Center, New DelhiGeeta Seshu, JournalistLakshmi KrishnamurthyReva Yunus, Azim Premji UniversityRitu Dewan, Vice President at Indian Society of Labour EconomicsSarojini.N, New DelhiBrinelle D’souza, TISSDeeptha Achar, Professor, BarodaShilpaa Anand, BITS- Pilani, Hyderabad campusShefali Jha, University of HyderabadM. Madhavi, Assistant Professor, Presidency University, BangaloreKumar Shubham Raj, Advocate, BiharVedula Chitralekha, AdvocateBushra Quasmi, Asst Prof, DSNLU, VisakhapatnamMadhumeeta Sinha, EFL UniversityB Syama Sundari, Dastakar AndhraAbha Bhaiya, JagoriAmbika Tandon, New DelhiAnandhi.S, Researcher, ChennaiDr. M. Ajay, DermatologistSumitra, AnkuramShalini Gera, Advocate, Bilaspur High CourtMeera Sanghamitra, National Alliance of People’s Movements, TelanganaSmita Gupta, New DelhiGovind Kelkar, Senior Advisor – Women, Land & Productive AssetsSharmila Sreekumar, IIT, BangaloreP V Srividya, Journalist, KrishnagiriJayasree Subramanian, Visiting Faculty, HBSCE, MumbaiK. Katyayani, Prof (Retd), Kakatitya University, WarangalDeepa V health Activist, DelhiSunita Sheel, Forum for Medical Ethics Society, Mumbai; Vidhayak Trust, PuneAnuradha Kapoor, KolkataVeena Johari, Advocate, MumbaiMumtaz Sheikh, CORO Mahila Mandal federation MumbaiRohini Hensman, Writer & ResearcherDr Sagari R Ramdas, Veterinary ScientistTashi Choedup, Buddhist Monastic, Human Rights ActivistPoushali Basak, MumbaiAditi Joshi, MumbaiAmarjit Singh, MumbaiKaveri Dadhich, MumbaiPadma, Independent Researcher , MumbaiAbhay. SCleophas. BLeena. MSonakshi.KLoshua. SAnurita.PHitesh. FShakun Doundiyakhed, OotyR. Alphonso, MumbaiNeha Singh, MumbaiShewli Kumar, MumbaiBharati Kapadia, MumbaiBindhulakshmi Pattadath, MumbaiBharathi. GCatrinel Dunca, AhmedabadSudhanva. VNirja Vasavada, AhmedabadShumona GoelMani A., KolkataKamaxi Bhate, MumbaiAriane. BMehernosh. BDhruvika. JHaresh. TRajeev. CMridul Dudeja, MumbaiPersis. SPallavi. GChandanathil. GLavanya.JPratishtha. PSatjot. LMargaret. GJogitha. JAjit. PEshvendar. RAapyayani. KKavinder. RDoris. LMoruni. MKavya. SJayaram. NEkta. SSamir. PNandini Rao, Activist, New DelhiRakhi Sehgal, Labour Activist, New DelhiGayatri, Faculty, TISS, HyderabadAbhiti Gupta, Legal Activist, New DelhiManeka Khanna, Advocate, DelhiSurabhi Dhar, Advocate, DelhiZeba Sikora, Advocate, MumbaiRupali Samuel, Advocate, DelhiPayoshi Roy, Advocate, MumbaiArchit Krishna, Advocate, ChattisgarhSatnam KaurReethika RavikumarMini Mathew, AdvocateSadhna Arya, University of DelhiFatima N, Tamil NaduV Rukmini Rao, Hyderabad, TelanganaPoorva Rajaram, Researcher, New DelhiVanessa Chishti, Jindal Law University, SonipatEsther Moraes, New DelhiNiti Saxena, LucknowTusharika Mattoo, Advocate, DelhiMaulshree Pathak, Advocate DelhiShreya munoth, Advocate, DelhiSayali Kadu, Advocate, DelhiShuchi Dwivedi, Advocate, DelhiRhea Goyal, Advocate, DelhiSowjhanya Shankaran, Advocate, DelhiAnushree Malviya, Advocate, DelhiSonal Sarda, Advocate, DelhiSanya Kumar, Advocate, DelhiShreya Rastogi, Advocate, DelhiHarshita Reddy, Advocate, DelhiSanjana Srikumar, Advocate, DelhiAvantika, Advocate DelhiNinni Susan Thomas, Advocate DelhiNidhi Rao Gummuluru, Advocate, DelhiVasundhara Majithia, Advocate DelhiMeghana Sengupta, Advocate DelhiShailiza Sharma, Advocate, Delhi High CourtKanika Sood, Advocate DelhiKruti Venkatesh, Advocate, Bombay High CourtBhavana Sunder, Advocate, Bombay High CourtRhea Jha, Advocate, Bombay High CourtDevyani Kulkarni, Advocate, High Court, BombayKhusboo Agarwal, BombaySara Ahmed, BombaySurabhi Singh, Advocate, High Court at BombayRonita Bhattacharya, Advocate, High Court, BombayJahnavi Vishwanath, ChennaiJanaki Abraham, Delhi UniversityDimple Oberoi VahaliVandana Mahajan, A Feminist PractitionerLalita Ramdas, Educator and Citizen, Alibag, MaharashtraBebaak CollectiveChitra Sinha, Centre for Gender Research, Uppsala University, SwedenSana Contractor, Public Health Researcher, New DelhiVasudha Sawaiker, Social Justice Action Committee, GoaAmita Kanekar, Writer, GoaAdsa Fatima, Health Activist, DelhiDr Mira ShivaDr. Saswati Ghosh, Academic and Activist, KolkataAmita Pitre, Consultant, Public Health and Gender Justice, MumbaiGayatri Singh, Senior Advocate, Bombay High CourtNisha Biswas, KolkataBindhulakshmi, MumbaiKiran ShaheenRadhika Desai, HyderabadRitu Dewan, MumbaiPurnima Gupta, New Delhi
