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From Me Too to Acquittal from Defamation

Posted on February 22, 2021 by admin1  441

In News: Delhi court acquitted journalist Priya Ramani in M J Akbar’s criminal defamation case.

  • A defamation case was filed by MJ Akbar over the allegations of sexual harassment.
  • Delhi Court said, “a woman has the right to put grievances before any platform of her choice even after decades”.

Chronology of Case

Oct 2018
  • Ramani names MJ Akbar, then Union Minister in a #MeToo Campaign related tweet giving reference to the 2017 Vogue India article titled “To the Harvey Weinsteins of the World”.
  • MJ Akbar filed a defamation suit and had to resign from his post.

May 2019- Jan 2021
  • MJ Akbar termed Ramani’s tweet as deeply offensive and hurting his reputation.
  • He also denied meeting Ramani at Oberoi Hotel or any other harassment charges.
  • Other women also emerged alleging MJ Akbar.
  • Ramani argued selective targeting, her innocent intentions while tweeting.
  • Ramani also deleted her Twitter account in October 2019 which was termed as an attempt to destroy the evidence by Akbar’s lawyer.
  • Ramani also termed the incidents mentioned by her not mere imagination.
  • And it is wrong to presume the entire Vogue Article targeting Akbar.

Feb 2021
  • Delhi Court acquitted Priya Ramani, dismissing Akbar’s plea.
  • The judges noted that such disclosures are in the interest of helping those facing sexual harassment at workplace.

MeToo Movement and Feminism

  • In 2017, a social media campaign named #MeToo was started. It gave females open up and speak of their sexual harassment at the workplace.
  • Many women came forward and tweeted their past experiences worldwide.
  • Many feminists viewed it as an optimist development whereas the critics termed it as a fake event full of derogatory and revengeful allegations without significant proof.

Other Challenges faced by Women at Workplace

  • Glass Ceiling: Invisible barrier that prevents women from rising beyond a certain level in a hierarchy.
  • Glass Cliff: Phenomenon of organizations appointing women and minorities to top positions during times of crises when failure is more likely.
  • Not considered equally capable: The patriarchial attitude is visible from the skewed sex ratio at the workplace.
    • Women are not considered fit for certain jobs involving field work.
  • Unequal pay: Women also face discrimination in Wage, even though it is their fundamental right under Article 14 of the Constitution.
  • Lack of Maternity Leave and Creche Facility: Many MSMEs and big firms are non-compliant with government norms like maternity leave and Creche Facility.
  • Dual Responsibility of Household and Work: Many working women face the burden of dual responsibility of home and office due to the traditional mindset.

Government Steps to Promote Women at Workplace:

  • Constitutional Provisions: Multiple Articles like Art 14 (Right to Equality), Art 15, Art 16, Art 39(a) & (d), Art 42, Art 44, Art 51(A), Art 243 have provisions of Women Empowerment.
  • Legal cases:
    • Air India v. Nargesh Meerza case: The Supreme Court struck down regulations of Air India and Indian Airlines that provided an air hostess would retire on attaining the age of 35 years, or on the first pregnancy, whichever was earlier.
    • C.B. Muthamma v. Union of India case: The Supreme Court held that provision of service rules requiring a female employee to obtain permission of the government in writing before getting married, and denying her the right to be promoted on the ground of her being married, was discriminatory.
  • Legal Provisions for Protection of Women at Workplace
    • Maternity Benefit Act (1961): Maternity Benefits like leave during pregnancy.
    • Equal Remuneration Act (1976): Promotes Equal pay for Equal Work.
    • Legal Services Authorities Act (1987): Free legal Aid to women is provisioned
    • Minimum Wages Act (1948): Again provides for equal wages.
    • Mines Act (1952) and Factories Act (1948) prohibits beyond 7 P.M.(late night) women employment in mines and factories.
    • National Commission for Women Act (1990): It studies and monitors all matters relating to the constitutional and legal rights and safeguards of women.
    • Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act (2013): Protects women from sexual harassment at workplaces both in public and private sector, whether organised or unorganized.
    • The Vishaka Guidelines: Procedural guidelines in cases of sexual harassment.
      • Promulgated by the Indian Supreme Court in 1997, were superseded in 2013 by the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013.
    • New legal provisions evolved to suit the changing nature of crimes
      • Information and Technology Act (2008)
      • Child Labour (Prohibition and Regulation) Amendment Act (2016)
      • Criminal Law (Amendment) Act (Death penalty for raping a minor- 2018).

Conclusion

The patriarchy is the most prevalent yet least emphasised aspect of our society. In the words of Vivekanand, No bird can fly with one wing and similar is Humanity. For real progress and prosperity it is needed to modernise our society. Every citizen should contribute to this empowerment drive as its well said “Charity begins at Home”.

Source: IE

 
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