A Black Spot on the Civil Society

Dear Friends and comrades,

It is a matter of concern and shame for all of us as to what is happening in the civil society of the capital city of India. To be precise and brief, it has become known that a serious offence of exploitation has taken place in a deemed organisation of Delhi named "Butterflies". It must be noted that this organisation was set up by some senior members of PCC- CPI(ML). It has a rich experience and legacy of working with the dispossessed and homeless children equipping them with basic tenets of life.

Around a dozen workers of Butterflies have raised their voices collectively against the tyranny of a loyal and senior worker of this organisation Mr. P.N. Rai with reference to the harassment of a music teacher by him two months back. It must be noted down what the teacher had quoted in her complaint to the director Ms. Rita Panikkar: "When I reached the Fatehpuri Shelter on 23 rd of October '07, my senior Mr. P.N. Rai stopped me in an indecent way to get in the premises. When I asked her the reason behind this, I was intimidated of being kicked out. He spoke categorically that no one can challenge his decision in this organisation."

It is more shocking that when the victim with the support of her more than a dozen colleagues complained the incident to the director, she was asked not to make an issue of that and give a written apology that this act would not be repeated. Although, she refused to give the apology but no action was taken for the next one month as it was awaited. A written apology letter, which was rather more of a clarification, was given by the accused to the victim after one month just before a review meeting of the incident and the whole proceedings of the meeting were carried out in English which was illegible for the victim as she hails from the Hindi belt. This was not taken care of the least, knowing this fact in advance.

Now, the director has finally ordered an inquiry into the matter by a two member external committee headed by Aparna Bhatt of Human Rights Law Network. To remind you, this HRLN is the same organisation where a case of sexual harassment had occurred a few months back by a peon loyal to the director. The result was the termination of the victim rather any action over the accused peon. The recent information is that, the victim has to give her statement in front of this committee on 15 th of this month.

The director has clearly said in one of her letters to the victim that this incident does not relate to the sexual harassment at work place policies. In this regard, we can note down some points as stated by the honorable Supreme Court in its Vishakha legislation:

"Sexual harassment includes such unwelcome sexually determined behavior as physical contacts and advance, sexually coloured remarks, showing pornography and sexual demands, whether by words or actions. Such conduct can be humiliating and may constitute a health and safety problem; it is discriminatory when the woman has reasonable grounds to believe that her objection would disadvantage her in connection with her employment, including recruiting or promotion, or when it creates a hostile working environment ."

Further, Supreme court has stated:

"It is clear violation of the rights under Articles 14, 15 and 21 of Constitution. One of the logical consequences of such an incident is also the violation of the victim's fundamental right under Article 19(1)(g) 'to practice any profession or to carry out any occupation, trade or business' . Such violations, therefore, attract the remedy under Article 32 for the enforcement of these fundamental rights of women. This class action under Article 32 of the Constitution is for this reason. A writ of mandamus in such a situation, if it is to be effective, needs to be accompanied by directions for prevention; as the violation of fundamental rights of this kind is a recurring phenomenon. The fundamental right to carry on any occupation, trade or profession depends on the availability of a "safe" working environment. Right to life means life with dignity. The primary responsibility fro ensuring such safety and dignity through suitable legislation, and the creation of a mechanism for its enforcement, is of the legislature and the executive. When, however, instances of sexual harassment resulting in violation of fundamental rights of women workers under Articles 14, 19 and 21 are brought before us for redress under Article 32, an effective redressal requires that some guidelines should be laid down for the protection of these rights to fill the legislative vacuum."

We can refer to some of the constitutional sections for this matter:
Section 509: Uttering any word or making any gesture intended to insult the modesty of a womanPunishment: Imprisonment for 1 year, or fine, or both. (Cognizable and bailable offense)
A 'hostile working environment' type of argument can be made under this act. Section 7 (Offences by Companies) - holds companies where there has been 'indecent representation of women' (such as the display of pornography) on the premises guilty of offenses under this act.
Punishment: Minimum sentence of two years

About more than a dozen employees of Butterflies have approached PUDR (People's Union for Democratic Rights) in this regard. Their case has been heard but no action has yet been taken.
We appeal all the concerned civil society members to mobilise in support of the victim and demand the immediate termination of the accused. Apart from that, we demand an independent inquiry into the matter by the senior democratic rights and women activists. This is because of the fact that the committee headed by Aparna Bhatt is in close confidence of the director Rita Panikkar who is helping the matter to get freezed and has not taken any action against the accused after two months of this shameful incident.
Please raise your voices against this shameful incident!!!

Concerned citizens of Civil Society Scanner