NUJS prof Basheer backs intern, calls for college to protect students from sexual harassment in ‘academic engagements’

NUJS professor Shamnad Basheer has called for the administration to launch an investigation to protect interns from such cases in future.

Basheer, who is the Ministry of Human Resource Development chaired professor in intellectual property (IP) law, wrote in a Facebook post: “I’m urging the NUJS administration to investigate this immediately, since this was committed during the course of an ‘academic’ engagement and the judge was provided with research assistance by the University.”

He also defended why the graduate, who was first interviewed by Legally India about the allegation yesterday, did not identify the judge by name:

“in the last year alone, I’ve been privy to 3 different instances of sexual harassment and what the women went through….very often at the hands of their bosses or someone in a position of power over them.

Those of us who’ve had the luxury of being untouched by this phenomenon cannot even begin to fathom the trauma that such incidents unleash. It takes a long time to acknowledge or accept it for what it is…a perverse act of exploitation and depravity, often times at the hands of someone you trust. You wish it away, you hope that the “touch” was an innocent one or a one off accident…but when the full force of the incident finally hits you, you go through a multitude of confusing and conflicting emotions.

You begin to wonder whether you were to blame in the first place. Or perhaps this kind of behavior is to be expected from bosses and those in positions of power? What of the consequences? If I tell my husband, will he ask me to leave my job and sit at home? If I tell my friends, will they simply laugh it off? If I complain to my institution, will they try and hush it up? Will my male colleagues begin keeping a distance from me? Will I be fired? After all, the more powerful the perpetrator of the offence, the more potent the chance of a backlash! And if I remain quiet, will I be accused of cowardice?

And it is in this context that you must view […]’s angst and what she went through at the hands of a senior supreme court judge with stellar credentials… someone she trusted…someone with a reputation for justice and fairness…and someone she least expected would perpetrate such a wanton act of degeneracy. It must have taken her a lot to come out in the open with this. But what surprised me most was the spiritual maturity with which she handled it.

Crying foul and baying for blood would have been the most obvious reaction of someone who went through what she did…a reaction that often caters to our primal need for revenge. And yet this girl, all of 23 years old who just graduated form law school decided that that was not the path for her. Rather, in a deeply reflective post, she mulls over the larger context of the incident, the recent protests against sexual violence, her understanding of current feminist paradigms and her inability to pigeonhole her reaction within any of the existing templates…

… her outpouring and public exposure is not a vengeful one, designed to make someone pay for what he did. But with a view to preventing future assaults. Something that our criminal justice system should actually be about. Not vengeance, but aimed at preventing future crimes and hopefully reforming the deviant as well. I can theorise and wax eloquent about this aspect of the criminal justice system, but I doubt very much if I can ever actualize it in the way Stella did, were I to be faced with a similar assault. And for that, she is my hero.

Journalist Nikhil Kanekal, tweeting on @nkanekal, wrote: “The university to which the retired Supreme Court justice was affiliated to is likely to pursue charges against him under their code.”

Comments

Respect 12 Nov 2013, 11:17
+8 -3
True that. Stella you are my hero.
Rohan 12 Nov 2013, 17:43
+5 -0
Better to reveal the name and end the silly speculation over who it was. All judges who retired in that period are being discussed in court corridors. that's not right either.
u2 12 Nov 2013, 18:22
+0 -0
Kian while it is good that you are covering this story I am surprised at your website's silence on the very very very serious allegations made by Gurudas Dasgupta against the Attorney General, considering that you wrote an article for the same magazine.

http://www.outlookindia.com/article.aspx?288473
AngryIndian 12 Nov 2013, 18:52
+1 -0
Instances of moral turpitude are coming out.The most recent one a year back was that of a prominent spokesperson of a political party [...]. It's high time we had a professional Indian Judicial Service,in the lines of IAS etc,like they have in France.Few weeks back we had an Addnl CJM who refused to record the testimony of a witness/accused in the Solar Scam in Kerala,that she had been sexually used/abused by a few prominent persons.High Court Vigilance Registrar has released a report today that implicates this Addnl CJM. Now,will the CJ of Kerala High Court act and throw this ACJM out ? Interested Indians can wait and watch.Since this is a legal community blog,I am sure most of the people here know the answer.
Mohd. Usman 13 Nov 2013, 07:11
+0 -0
Basheera well done!Good to see the universit strongly behind our young Ms Courageous - Stella James. Stella, [b]WE ARE ALL WITH YOU[/b].
Basheer Fan 13 Nov 2013, 09:27
+1 -2
“I’m urging the NUJS administration to investigate this immediately, since this was committed during the course of an ‘academic’ engagement and the judge was provided with research assistance by the University.”

SB- Do you think they need your prodding? Would they not do this of their own accord??
noojie 14 Nov 2013, 03:05
+5 -1
You really think so? The NUJS higher ups tried everything they could to silence a lady who complained of sexual harassment some months ago. Since the University was dragging its feet, she filed a criminal complaint and got speedier resolution there...the accused is on the run....and courts denied bail. Bloody shame really that a leading legal institution that pontificates on women's rights cannot stand up for it!
ex nujs 14 Nov 2013, 17:38
+2 -2
[...]... let the probe be done and then we'll see where is water in the milk.
Guest 15 Nov 2013, 07:00
+2 -0
Dr. Vikram Singh Nain
It is very very serious issue which has been raised by a damsel intern, a young student. Her courage is certainly a matter of appreciation. I would like to congratulate NUJS professor, Basheer, who also gathered courage to stand by the victim at the juncture when she needs mantle strength. Suggestion for investigation by the NUJS or by a joint committee of NLUs is not only wothwhile but also the need of hour because most of the inters are from the NLUs. The investigating committee should also find out the modality to avoid such incidents in future.

The allegation is not only painful for the victim but it more painful for the common man of the country, who has deep belief in the Indian Judicial System as well as in the persons holding the pretigeous chair of judge. How the incident is happened is not important but important is that behaviour of a person enjoying the office of high power is quetioned. There may not be fume without fire whether one believe in Dwetwad, Adwetwad or Dwetadwetwad, as described by Indian philosophers like Shankaracharya or Ramanuj. The prsence of fume around power-sharing chair creats illusion and diminish the faith of people in such a chair.

The Supreme Court has also initiated immediately and hope for better consequences so that no such incident can be repeated in future.

Students are hope of future. Hope in future.
Once a victim...... 16 Nov 2013, 05:27
+0 -0
SJ is truly a hero! It’s also great that many in the legal fraternity stand in support of SJ. It’s very difficult for the victim of such a situation to survive once her identity is revealed. Not only does the victim face social exclusion and ostracization but will also leave a deep scar on her own individuality and self – esteem. What SJ has done and has stood up for – is most often the same reason why any other victim also chooses to stand up and speak against the perpetrators of such crimes. But not all find justice – and most often than not – the constituted panel – inevitably questions the sensibility and sense of judgment of the victim. Questions such as “how could you be so naive” or “how could you be so stupid” or “how could you have not foreseen what was going to happen to you” are still questions that victim is asked. I really hope that SJ can stand her ground till the end and find justice – not just for herself but for all women who have gone through the same harassment at the hands of SJ’s violator and many other such perpetrators of the crime.
Daljit 16 Nov 2013, 06:31
+3 -1
Is this a case of hero-worshipping going on before the truth is established???

Spare a thought for the judge in question who's now in the worst of situations, with no official complaint so no response and a trial by media circus.

Or is everyone assuming that the girl student's blog is the gospel truth???
Rj 26 Nov 2013, 08:24
+0 -1
Hmm perhaps as Mr. Daljit says, we should spare a though for this Judge who has manned the highest judicial office in this country and retired, armed with the admiration of his peers, a stellar CV, and an unblemished reputation. Surely someone of his caliber would not stoop so low? How could a lowly intern, a woman at that, misconstrue his patronage and affection? How could she bear to complain? Not because she felt assaulted and traumatized, surely. Not because a person of his supposed integrity and honesty did an act that demeaned the very position he occupied? Not because it was patently and inherently wrong? Surely?? Gods, Mr. Daljit, it is because of people like YOU that women who gather the courage to face their demons, end up demonized and victimized themselves. Do you imagine any woman will, without cause, allow herself and her dignity to be vilified the way SJ's is, at the moment? Who wants to go against those superior to them, and be professionally ostracized, slandered and leered at? No one, I assure you. So yes, to me and to all others out there who understand the ground realities, SJ's word is gospel, her courage is admirable and she is our hero.
Guest 16 Nov 2013, 15:47
+0 -0
State Committee of All India Lawyers Union, Rajasthan strongly condemn the happening with the student intern
and applause her courage to raise her voice against the unhealthy atmosphere at the high profile power-centres. A.I.L.U. also support the stand adopted by Prof. Basheer with all corners. The victim has proved her graduation in law by knowing her Rights, now it is duty of the concerned institutions and members of the legal fraternity to play their role to provide justice to the victim.

Dr. Vikram Singh Nain
General Secretary, AILU, Rajasth
Guest 16 Nov 2013, 15:48
+1 -0
A girl student's blog or statement is certainly not be considered as the 'gospel truth' but it is gospel truth that Caesar's wife must be above suspicion. One should keep in mind that against whom such blog has been written.

Dr. Vikram Singh Nain
Show message history
Another Guest 16 Nov 2013, 21:27
+1 -1
[quote name="Guest"]A girl student's blog or statement is certainly not be considered as the 'gospel truth' but it is gospel truth that Caesar's wife must be above suspicion. One should keep in mind that against whom such blog has been written.

Dr. Vikram Singh Nain
Show message history[/quote]

It's fun to shower classical quotations no?

Tomorrow when a blog pops up accusing you, Mr Vikram Singh Nain, of an offence and the onus falls on you to disprove that accusation, lets see how "supportive" you are.
Guest 24 Nov 2013, 07:02
+0 -0
I would like to inform you that one of the Faculty of NUJS in 2009 also raised the illegal functioning of NUJS VC and the SC and EC which then exposed a Financial scam in NUJS through RTI.
VC and Judge nexus was alo proved when the resolution of the EC dated 8th May 2010 called for University Review Commission which was not consitituted by the Ex- CJI and the then Chancellor of NUJS. RTI also reavealed the above action of the then Chancellor of NUJS. Why the Ex- Chancellor did not consitute the above University Review Commission ? is a question which remains unanswered till date.Whom the Ex- Chancellor was trying to protect? When the VC resigned why was he asked to withdraw his resignation and why the resignation of the Registrar was accepted ? Till date all remains unanswered. If I am not wrong, the particular Judge was also present in that EC and GC meeting. Why UGC is not making an enquiry inspite of the directive of MHRD. Is that the snale in NUJS will come out.... and all will be caught ?

Why Prof. Basheer remained silent on the FINANCIAL SCAM of NUJS when we was in NUJS ?
Ex IDIAian :NUJS 19 Sept 2017, 08:08
+0 -0
Being an ex IDIA member of NUJS chapter, I'm surprised why VC & Sarfaraz sir (acting registrar) both trying to cut IDIA link from NUJS in this crisis moment. Let's not forget IDIA movement started from NUJS. Diversity accounts still operational from NUJS and VC is one of the signatories there. We did multiple IDIA sensitisation at Sarfaraz sir's school, SAKET and sir also took part at IDIA sensitisation in various other places. I'm surprised and ashamed the way NUJS admin is making the issue as IDIA vs NUJS. Let's not forget and shift the focus from the fact that 'Law students are attacked for fighting for the justice'.