The case is a test of the legal system’s ability to effectively address sexual harassment allegations against men in the judiciary.
By Niha Masih Niha Masih Foreign correspondent covering India Bio Follow May 2 at 7:00 AM NEW DELHI — India’s #MeToo movement has reached the highest court in the land, in a case that is testing the legal system’s ability to effectively address sexual harassment allegations against men in the judiciary.
The Washington Post and other news outlets are withholding the identity of the womanbecause Indian law mandates that victims of sexual assault and harassment not be named in the media. The accuser, who worked as a junior court assistant at Gogoi’s office in his residence for three months, told her story in a notarized affidavit on April 19 addressed to 22 sitting judges of the court requesting an inquiry by retired judges into her situation.
In response, Gogoi chaired a hearing of the Supreme Court on April 20 in which he publicly rejected the accusations and alleged the woman had a criminal background. Several lawyers condemned the hearing. One called it a “spectacle fit for a kangaroo court.” The woman’s statement also alleges that after she resisted Gogoi’s advances, her life changed. In a meeting with a small group of journalists before her allegations were published, the woman said she was transferred three times to different departments before being dismissed from her job in December. One of the reasons cited for her dismissal: taking a half-day leave without approval.
The absence of clear mechanisms for dealing with sexual harassment claims against judges is not new. In 2013, a three-judge panel of the court indicted a retired judge for “unwelcome conduct of sexual nature” with an intern. But it did not recommend any action, in part because the judge had already retired.
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