JUDGMENT SUMMARY
M J Akbar v. Priya Ramani
DATE OF JUDGMENT
17th February, 2021
JUDGES
Justice Shri Ravindra Kumar Pandey
PARTIES
M J Akbar (Petitioner)
Priya Ramani (Respondent)
SUBJECT
Before the Vishakha guidelines, there was nothing specific to protect those who were sexually harassed at their workplace. The present case is also a case regarding an incident that happened in the 1993, way before the Vishakha judgment came. Then, the victim Priya Ramani could not raise her voice against her sexual harassment but did it later in the year 2018 when the #MeToo Movement was at its peak. However, when she did reveal this incident, this case lodged against her for defamation.
This case is a remarkable case which sets a reminder to everyone, that a person’s reputation cannot be put above the other person’s life and dignity.
OVERVIEW
1. In October 2018, Priya Ramani accused Union Minister M J Akbar for sexual harassment which had happened in 1993 when she was called for a job interview to Mumbai’s Oberoi Hotel.
2. However, soon after this revelation, M J Akbar resigned as a Union Minister and filed a case of defamation against Priya Ramani contending that his reputation had been severely affected.
3. With the contention of defamation, the hearings of the case began.
4. For the perios of two years between the filing of the complaint and the final judgment, many witnesses were cross examined from both sides and more allegations of sexual harassment came to be recorded against M J Akbar.
5. However, he kept contending that he had not done anything and that such allegations affected how his friends and family looked at him.
6. On the 17th February, 2021, the Court finally acquitted Priya Ramani of charges of defamation.
ISSUES
Whether a case of sexual abuse could be filed after two years of the happening?
Whether there was a case of criminal defamation?
IMPORTANT PROVISIONS
Section 6 IEA
Section 9 IEA
Section 499 IPC
Section 500 IPC
ANALYSIS OF THE JUDGMENT
In this case, while the complainant contended that due to the tweets by the Priya Ramani he had been defamed, Priya Ramani took the defence of truth and good faith. The Complainant M J Akbar contended that his reputation had been severely damaged and therefore, he accused Priya Ramani of criminal defamation. He contended that Priya Ramani took false defence and had produced inadmissible evidence. It was also contended that the incident took place two decades back and Priya Ramani did not even lodge a complaint back then to a legal authority.
On the question as to why she had revealed this after such a long time, she replied that when the incident had happened she was not aware of any legal measures that could help her. She also stated that the Vishakha guidelines and then the Sexual Harassment Act came way after the happening. She contended that the revelation of the incident in her article and tweet were done in good faith and for public good.
After listening to the final arguments given by both the sides, the Court held the following:
1. The accused may take alternate defence. She is only supposed to establish the preponderance of probability to her denfence and does not have to prove it beyond reasonable doubt.
2. On the basis of the testimony of the witnesses, the Court accepted that the complainant was not a man of stellar reputation and hence accepted the contention of the accused.
3. The Court took consideration of the fact how a redressal mechanism for sexual harassment was not present when the incident took place.
4. It was observed by the Court that “most of the women who suffer abuse do not speak up” because of the “shame or stigma attached with the sexual harassment”.
5. The Court held that “the woman cannot be punished for raising voice against the sex-abuse on the pretext of criminal complaint of defamation as the right of reputation cannot be protected at the cost of right of life and dignity of woman as guaranteed in Indian Constitution under Article 21 and right to equality before law and equal protection of law as guaranteed under Article 14 of the Constitution”.
6. The Court acquitted Priya Ramani of the charge of criminal defamation and held that a “woman has a right to put her grievance at any platform of her choice and even after decades”.
CONCLUSION
This judgment is a remarkable blend of sensitivity, empathy, beautiful administration of justice and the pragmatic application of law. By the way of this judgment, the Delhi Court has made it clear that justice is what will always prevail. While this judgment has given encouragement to the many victims of sexual harassment to raise their voice against the abuse, it has also sent a strict message to the abusers that they cannot with play with law to discourage the genuine victims from coming forward and raising their voices against the abuse.
