On 21st May 2021, a ghastly and aggregative verdict came by The Mapusa District and Sessions Court in Goa, where someone who was accused of sexual assault was let off the hook on the grounds of “benefit of the doubt."

I am a young girl, a minor, preparing to pursue a career in Indian Law. This judgment has put me in an acute dilemma, both as a girl willing to go out and explore the world as a working professional and a student willing to pursue my career as a lawyer. I cannot express my reluctance and will have to reconsider my planned endeavors post this bizarre judgment.

My annoyance made me more curious to understand the basis on which the accused was let off. After some failed efforts on my part, I consulted a practicing lawyer to help me find the fine prints of this acquittal judgment. She also started looking for it, only to realize that the judgment was still not available for four days since Tejpal's acquittal.

Finally, some excerpts were published, and as I read them, they seem shocking.

On 7th November 2013, Editor-in-Chief of Tehelka magazine, Tarun Tejpal, was accused of sexually assaulting a junior employee inside the lift of a starred hotel in Goa on the opening night of Tehelka’s Think festival. Later, when the victim filed a complaint, the accused, Tarun Tejpal, sent a long email to the victim in which he said:

“The last few days have been most testing, and I squarely take the blame for this... A bad lapse of judgment, an awful misreading of the situation, have led to an unfortunate incident that rails against all we believe in and fight for.” 

On 23rd November, the victim came forward and voiced the pressure put on her family by Tejpal’s team; she stated:

“On the night of 22nd November, a member of Mr. Tejpal's immediate family came to my mother's house in New Delhi, asking my mother to protect Mr. Tejpal and demanded to know who I was seeking legal help from. They also wanted to know what I "wanted" from of my complaint of sexual molestation against Mr. Tejpal." 

Later the same day, Tejpal was booked and arrested under several IPC Sections - sexual harassment, demand for sexual favors, use of criminal force to woman with intent to disrobe, a person in a position of authority over women, committing rape, etc.

And finally, on 21st May 2021, after seven years of prolonged hearings, the judge Kshama Joshi acquitted Tejpal from all his crimes...

Tarun Tejpal a free man today, while the victim is left to heal herself. The verdict of the Court is very controversial. The incident took place in 2013, but the hearing of the case started five years later in 2018.

One of the most important and glaring pieces of evidence was Tejpal’s letter to the victim, in which his words mark a clear admission of guilt. In the letter, he admitted that the incident was a "shameful lapse of judgment." Still, according to Judge Kshama Joshi, a feeble no is not a strong enough resentment, and it may be considered a form of consent. The Attacker was let off the hook on several bizarre grounds, a few being:

1. The Court observes that the pieces of evidence were destroyed by the Investigating Officer (IO). The “clear proof of evidence," the CCTV footage of the hotel's first floor, in which the accused attacked the victim, was found destroyed. Even though the IO “viewed” the footage nine days after the FIR was filed, not forgetting that the most significant evidence of the case was stored in an unsealed room.
2. The Judge found the two statements - “I picked up my panties” and “I pulled up my underwear” as “glaring contradictions" made by the victim.

3. On the account that it was “unnatural” of an immediate rape victim to message her location to a friend, the message sent was used as a ground to “prove” that the victim was not “traumatized” enough.
4. I am appalled and still shocked that the Court used such lopsided arguments to degrade the victim as a woman of compromised character.

As a student willing to pursue a career in law, I understand that we must respect a Court's verdict. Tejpal has not been convicted of rape. However, he has been guilty of sexual misconduct by his own admission. In his resignation letter, Tejpal wrote: “I have already unconditionally apologized for my "misconduct" to the concerned journalist, but I feel impelled to atone further… I feel atonement cannot be just words. I must do the penance that lacerates me."

I am amazed that the Judge did not consider these words an admission of guilt but a plain resignation letter. As per the Sexual Harassment of Women at Workplace Act and Rules, 2013, if a woman files a complaint against a man more powerful than her, the verdict automatically falls on her behalf. However, in my opinion, it is a flawed law because I have read about several examples where women used it as a false weapon. However, in this case, where did this law disappear when the victim needed it?

This case of sexual assault was less about sex and more about the abuse of power for sexual favor - an even worse offense, in my opinion. In the public domain, Tarun Tejpal has tried to coerce the victim, and his powerful buddies seemingly ran a campaign to malign the victim. This assault was wrong at so many levels!

This case is the most glaring example of why women do not go against powerful men. They know that it's useless; they know that money will speak louder than their pain. This verdict is not only an injustice to the victim but also to many women who have faced harassment. It is an injustice to the girls who are not allowed to work late. It is unfair to every girl who is made to sit at home because some believe is best to be cautious as "men will be men." It is, in plain words, the failure of courts, and the death of justice.

Image Source: The Hindu