Table of Contents
What has happened?
- Journalist Priya Ramani was acquitted by a Delhi court Wednesday afternoon over a defamation case filed by former Union Minister MJ Akbar,
- Whom she had accused of sexual misconduct in 2018.
- A year earlier Vogue India published an article by Ms Ramani, in which she described an incident with a “former boss” and a “sexual predator.”
Priya Ramani’s MeToo charges against Akbar?
- Ramani’s charge against MJ Akbar had come in the backdrop of a global MeToo campaign that began with a series of allegations against film producer
- Harvey Weinstein in the US in 2017.
- Ramani wrote an article in 2017 titled,
- “To the Harvey Weinsteins of the World”.
- She said, “Everyone said you had transformed Indian journalism and I wanted to be on your team.
- So, we set a time you could interview me at the plush south Mumbai hotel where you always stayed.“
- “It was more date, less interview. You offered me a drink from the mini bar (I refused, you drank vodka), we sat on a small table for two that overlooked the Queen’s Necklace (how romantic!) and you sang me old Hindi songs after inquiring after my musical preferences. You thought you were irresistible.”
- “The bed, a scary interview accompaniment, was already turned down for the night.
- Come sit here, you said at one point, gesturing to a tiny space near you. I’m fine, I replied with a strained smile.
- I escaped that night, you hired me, I worked for you for many months even though I swore I would never be in a room alone with you again.”
When was the defamation case filled?
- In October 2018, Ms Ramani named MJ Akbar – then a minister in Prime Minister Narendra Modi’s government – in a tweet.
- A week later MJ Akbar filed the criminal defamation case and resigned as minister two days later.
- The trial began in January 2019, and today’s verdict was read out by Additional Chief Metropolitan Magistrate Ravindra Kumar Pandey.
- In his defamation suit, MJ Akbar had claimed that Priya Ramani caused damage to his “stellar reputation“ By accusing him of sexual harassment in an article written in 2017 and a tweet posted in 2018.
- Ramani countered Akbar saying that she said what actually happened.
- “Truth is my defence,” Priya Ramani said.
Court’s judgement
- Women can’t be punished for raising instances of sexual abuse.
- The Constitution allows women to put forward her grievances before any forum and at any time.
- It cannot be ignored that, most times, sexual harassment is committed behind closed doors.
- Most women can’t speak up due to (fear of) stigma and an attack on their characters.
- Priya Ramani’s disclosure was in the interest of anti-sexual harassment at workplace.
- The court (also) takes (into) consideration (instances) of systematic abuse at the workplace.
- Society must understand the impact of sexual abuse and harassment on its victims.
- Sexual abuse takes away dignity and self-confidence.
- Even a man of (high) social status (standing) can be a sexual harasser.
- Right of reputation (referring to MJ Akbar’s claim that Ms Ramani’s allegations had tarnished his image) cannot be protected at the cost of right to dignity.
Sexual Harassment
The Sexual Harassment of Women (Prevention, Prohibition and Redressal) Act 2013 defines namely:
- Physical contact and advances
- A demand or request for sexual favours
- Making sexually coloured remarks
- Showing pornography
- Any other unwelcome physical, verbal or non-verbal conduct of a sexual nature.
The following may amount to sexual harassment at the workplace:
- Implied or explicit promise of preferential treatment in her employment in her employment; or Implied or explicit threat of detrimental treatment in her employment; or
- Implied or explicit threat about her present or future employment status; or
- Interference with her work or creating an intimidating or offensive or hostile work environment for her; or
- Humiliating treatment likely to affect her health or safety.
Q) Which of the following statements regarding Convention on the Elimination of all Forms of Discrimination Against Women (CEDAW) is correct?
- The treaty was adopted in 1979 by the United Nations General Assembly.
- India has signed and but not ratified the CEDAW.
- 1 only
- 2 only
- Both 1 & 2
- None of the above
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