May 19, 2019

India’s Supreme Court has a #MeToo problem

located:	India
editor:	Tish Sanghera

Women across India have erupted into protest in recent days, gagging their mouths with black scarves and holding signs reading “Supreme Injustice”.

The outpouring of anger and frustration seen on the streets of Delhi in the north, and down to Chennai in the south, is in response to the Supreme Court’s controversial handling of sexual harassment claims made against the Chief Justice, Ranjan Gogoi, by a former employee.

Controversy abounds for several reasons. Rather than initiating an external inquiry to investigate the claims, the court formed an emergency bench that included Gogoi essentially allowing the Chief Justice to pass judgement on himself. Meanwhile, the female complainant says she was denied a lawyer and that extensive evidence – including call logs and video recordings – were not properly reviewed. The Women’s Criminal Law Association has also raised serious questions about the lawfulness of the hearing, saying it was “in violation of the basic tenets of natural justice”. 

The Supreme Court’s #MeToo moment comes in the wake of similar accusations involving India’s media and film industry, which saw several resignations and public apologies from senior figures towards the end of 2018, at the campaign’s peak.

Yet while there are now multiple legal cases circulating through the courts, as more women have been encouraged to speak out and pursue action, it is not clear that the women in these cases are experiencing the justice they seek.

In the highest profile case currently ongoing, the accused has managed to put his accuser on trial instead. Former Union minister, MJ Akbar, has filed a criminal defamation case against journalist Priya Ramani, who along with numerous other women, alleges multiple instances of sexual harassment during his time as an editor. She faces the prospect of two years imprisonment if Akbar wins.

Ramani says Akbar is using intimidation tactics to silence her and other women, illustrating how up to 80 percent of sexual harassment cases can go unreported in Indian workplaces. Many women fear retribution and have little faith in the authorities acting in their interest.

The Supreme Court’s rebuff of an official complaint is therefore a missed opportunity to demonstrate just how such cases should be handled. Many feel its actions have instead shown disregard for women’s voices, perpetuating patriarchal attitudes in the highest court of the land. By appearing to protect one of its own, the institution appears to have undermined its own position as a bastion of truth and justice.