Supreme Court faces litmus test of a lifetime
Chief Justice of India P Sathasivam has done well to initiate an inquiry into the allegation of a former law intern that she was sexually harassed by a sitting judge of the apex court. The accusation was made earlier this month in a blog hosted on the legal website, Journal of Indian law and Society, and was brought to the Chief Justice's attention on Tuesday after it was reported in the media. He lost no time in responding to the grave issue; that very day he set up a three-member probe panel to look into the charges. The Chief Justice of India could have chosen to dismiss the allegation as an effort to launch a smear campaign against a former senior judge or wait till a report was filed with the police, for instance. That he instead took prompt suo motu action shows that he is indeed seriously concerned about the matter and hopes to get to the bottom of it. Having said this, however, it must be added that without the presence of an external member, the probe panel remains open to charges of prejudice. This is not to in any way question the integrity of the panel members — all serving judges — but a suggestion to help the Chief Justice pre-empt allegations of partisanship. It is still not too late to revise the panel’s membership to include perhaps an eminent civil society member or someone associated with the victim's law college. The panel is expected to conclude its investigation in a fortnight, after which one of the two following things or both can happen: First, the matter is forwarded to the apex court’s Gender Sensitisation & Internal Complaints Committee, which follows up on it. And/or second, the alleged victim lodges a police complaint after which it becomes a criminal matter.
It is striking that the alleged episode of sexual harassment seemingly played out against the backdrop of the December 16 Delhi gang rape case. It is a reminder that even members of the judiciary are vulnerable to such accusations and that concerns of a safe working environment for female professionals extend, ironically, even to the highest seat of law and justice in the country. The episode will probably encourage more women to come out with their stories of abuse. It is hoped that the legal fraternity will not view this as the opening of the proverbial Pandora's Box but as an opportunity to cleanse the system. To that end, it must shed its traditional closed-door approach and open up for reforms. As of now, victims of sexual harassment have limited recourse to justice — they are pitted against senior, powerful members of the legal fraternity and must worry about their career prospects; they have to fight the social stigma that comes with sexual harassment; and, after they have dodged all those bullets, face a grievance redressal mechanism that barely works. In July this year, came the Gender Sensitisation and Sexual Harassment of Women at the Supreme Court of India (Prevention, Prohibition and Redressal) Regulations, 2013, which included the establishment of a sexual harassment committee. The panel was constituted last month, but only on paper, as the Advocate Bar Association and Clerks Association have still to nominate members to it. Hopefully, the legal fraternity will now take proactive measures to ensure that the courts make for a safe workplace.