It is scandalous and shocking that former CJI A. Kabir has come out in support of Justice Ganguly who has been accused of sexual harassment by a former law intern. While we all respectfully wait for the CJI to make the findings of the Supreme court 3 Judge Committee public, the former CJI Kabir has cast aspersions on the law intern by claiming that this is a conspiracy against J. Ganguly. Former CJI has given a character certificate to J. Ganguly, based on his personal interactions and knowledge of J. Ganguly. By throwing his weight behind J. Ganguly the former CJI has further skewed an equation that is very unequal and heavily loaded against the woman law intern. Just as a small and very courageous effort is being made by young women lawyers to break the conspiracy of silence on sexual harassment that shrouds the legal profession, the back lash has begun. We all know of many many more incidents of sexual harassment of women lawyers.

Striking similarities between all the cases where women are fighting for their dignity, whether in the media or the judicary. The alibi of conspiracy, character assasination of the woman and character certificates from powerful friends in support of the accused are the running theme. The women in each case have only truth, integrity and rights on their side. In the specific case of the law intern it is critical that the findings of the 3 judge Committee of the Supreme Court are made public at the earliest. Most significantly the comments of former CJI Kabir are a reminder that even those who have taken an oath to defend the constitution, who have served in the highest judicial office, do not have faith in equality and gender justice, or due process. We have been asked to trust and place faith in all Judges enquiry committee, even as it violates Vishakha principles. How come former Judges don’t trust their own, and are making preemptive strikes?

Also with all the conversations in the media on the issue of sexual harassment, one would have thought that we were beginning to understand that ‘good’ men sexually harass women. Lets confront the issue of sexual harassment head on – it is an exercise of power in a gendered and unequal workplace environment. It discriminates against women; it violates her constitutional and legal rights; it is a crime in law.

However I am confident that this time round the silence and hypocrisy that surrounds sexual harassment will be shattered by brave women. All institutions including the courts will have to learn that women have equal rights and sexual harassment of any degree is an affront to their dignity. Institutional cultures that treat sexual harassment as chalta hai are unacceptable and unlawful. Its time for the Courts to walk the talk on the Indian constitution.