Press Statement on the Tehelka Sexual Assault Case
Tags: Tehelka case, Tarun Tejpal, Shoma Choudhary
Related Issue: Freedom of the press and protection of journalists (Article 19(1)(a) – Right to Freedom of Speech and Expression), along with the right to a safe workplace and protection against sexual harassment (Articles 14, 19, and 21)
02.12.2013
The PUCL
1. Expresses Solidarity with the struggle of the Tehelka Journalist who raised her voice against Rape
and Intimidation by the Ex-Editor Tarun Tejpal.
2. Demands fair investigation and early charge sheet into the matter, from the Goa Police.
3. Considers Six Day of Custodial interrogation of Tarun Tejpal granted by the Goa Judicial Magistrate
Court unnecessary and invidious.
4. Appeals that police custody and the case not become a tool in the hands of BJP administered Goa
police to settle scores with Tejpal.
The People’s Union for Civil Liberties from the very beginning has supported the complaint of the woman
journalist of Tehelka magazine who accused the editor of Tehelka, Tarun Tejpal, of rape and sexual assault.
PUCL salutes her courage for breaking the silence on rape and sexual intimidation carried out by her senior
colleague and editor. We have also admired the consistent and principled manner in which the young girl stated
her case, initially via internal emails within Tehelka, and later on to the media, neither allowing vituperation or
anger at the blatant violation of her body to sensationalise her case or to prevaricate about the fact of the
offence having been committed. Through her dignified stand she stands as a model to all women who suffer
similar sexual violence, that the dignity of a woman’s body cannot be a plaything for anybody howsoever
influential and powerful they be. By the same token, we also denounce the vilification campaign carried out by
Tarun Tejpal and his lawyers against the complainant by seeking to impute that the entire crime was actually a
`consensual’ act or at trying to trivialise the crime by calling it "light hearted banter".
PUCL wishes to point out that Tehelka, which has extensively covered cases of sexual harassment in the work
place and sexual violence, has itself not constituted an independent internal complaints committee as mandated
by the Vishakha Guidelines laid down by the Supreme Court to look into allegations of sexual harassment in the
workplace. This is most unfortunate and unacceptable. We especially note with concern the response of the
Managing Editor, Shoma Choudhury whom the woman journalist first approached with her complaint of rape
and sexual assault by Tarun Tejpal. As the Managing Editor, Shoma Choudhury, had an institutional
responsibility under the criminal laws as also under the Visakha guidelines to report the crime forthwith; instead
the response was one of diverting, diluting and covering up the incident. Such a response akin to how most
male dominated institutions respond to such accusations, is not just unfortunate but also unacceptable and to be
denounced.
We therefore once again raise our voice in support of the demand for the implementation of Vishakha
Guidelines, which are an effort towards enforcing sexual harassment-free workplace norms for all women,
particularly for women in the media; as also other sectors, all over India.
Six Days Custodial Interrogation: Unnecessary and a tool to harass Tejpal?
While we support the prosecution of Tarun Tejpal, we at the same time would like to express our concern over
the granting of six days police custody of the accused by the Judicial Magistrate to the Goa State police. The
grant of PC has to be seen in the background of the complainant having recorded a sec. 164 Criminal
Procedure Code statement before the local Magistrate and the police having seized all the relevant emails and
other records including CC Video tapes form the hotel. The accused, Tarun Tejpal, has already been questioned
by the police.
Considering the very limited frame of reference of the complainant’s case, the legality of granting days PC is
questionable. What causes concern is that some papers report that the 6-days are required to extract a
confession out of Tarun Tejpal. Whatever the veracity of this, we are concerned that force may be used to
extract an involuntary confession This is totally against the law and unacceptable.
It is also difficult not to ignore the allegation that the prosecution is using the judicial process as a tool to
humiliate and harass the accused. We clarify that in the present case the evidence that needs to be collected
could have been gathered in a day and the accused ought to have been sent into judicial custody. In any case,
we hope that no further extension of Police custody is granted at the end of the current remand period. We also
call upon the Goa police not to indulge in torture or in any way, maltreatment of the accused Tarun Tejpal.
PUCL would like to stress that the criminal justice system, and the police who are its administrators, are under a
constitutional obligation to remain unbiased, independent and committed to the truth. The police are also under
a constitutional duty to implement the law without fear or favour of the ruling government. Unfortunately, in the
current case, we cannot lose sight of the conflict-ridden and acrimonious relations between the ruling BJP
government and the Tehelka magazine. We are concerned that this specific case of sexual violence and assault
on a woman journalist may become politicized and become the basis for settling scores by the ruling BJP
government against Tarun Tejpal. If this were to happen, it will seriously weaken the case of the woman
journalist, divert attention from the serious nature of such sexual assaults and in the end denigrate the entire
criminal justice system.
PUCL condemns and expresses concern over the vandalization of residence of Shoma Choudhary, former
Executive Editor of Tehelka by some members of the BJP last week. This is unacceptable and anti-democratic
act.
In conclusion, PUCL calls upon all political parties, organizations and other groups to respect the sensitivities of
the victims and the serious nature of the rape case and to desist from creating further controversies.
Sd/-
Prabhakar Sinha, President; Dr. V Suresh, General Secretary; Kavita Srivastava, National Secretary