TMC mulls massive stir against Guv over ‘sexual harassment’ allegations

Pradip Chatterjee, MP, 18 July 2024, Kolkata: Trinamool Congress (TMC) is gearing up to carry out a massive protest against Bengal Governor C V Ananda Bose over his alleged sexual harassment of a woman employee of Raj Bhawan at her workplace.

The ruling party in Bengal during its protest may highlight the Supreme Court judgement in Vishakha v State of Rajasthan case where the Apex Court had laid down elaborate guidelines to deal with the menace of sexual harassment against women at workplaces.

The Governor had earlier filed a defamation case against the Chief Minister after she said that women had told her that they were scared of visiting Raj Bhawan.

The remarks were made after a contractual woman employee of Raj Bhawan had made an allegation of sexual harassment against Governor Bose on May 2.

It was learnt that Trinamool supremo and Bengal Chief Minister Mamata Banerjee may also file a counter-defamation suit against the Governor in court. The ruling party is taking legal consultations in this regard, it was learnt.

Trinamool MP and senior lawyer Kalyan Banerjee on Wednesday pointed out that the Supreme Court judgement said that cognizance has to be taken against anybody holding high office if sexual harassment takes place in the workplace.

“Governor moved the Calcutta High Court and filed a defamation case against the Bengal Chief Minister and the Trinamool Congress supremo. Chief Minister may also file a counter-defamation suit against the Governor in court within two months. As per the Supreme Court ruling in the Vishakha case, cognizance can be taken against anybody holding high office if an employee becomes a victim of sexual harassment in the workplace,” Kalyan Banerjee said.

Incidentally, in an interim order in connection with a defamation suit filed by the Governor, the High Court had restrained Chief Minister Mamata Banerjee and three other Trinamool leaders from making any defamatory statements against the Governor till August 14.

Sanjay Basu, the lawyer representing the Chief Minister in a statement on Tuesday said Banerjee has a right to freedom of speech and was alluding to the apprehensions of numerous women who approached her. The utterances of Banerjee to the extent they represent rejection of injustice and gender asymmetry, cannot be restrained and the “order of the Hon’ble Court will be challenged”, Basu added.

Meanwhile, Kalyan Banerjee in a post on X said: “If the constitutional provision protects the Governor for not initiating a civil or criminal case against him, it should be read into that provision that the Governor also can’t initiate any proceedings in court. Had it been the present Governor in a non-BJP state functioning in clear breach of constitutional, legal provisions and moral ethics and conduct, the makers of the constitution would not have kept such protection.”

“Justice is not one-way traffic, it is two-way traffic, there can’t be any ridiculous interpretation of the constitution that only one person holding Constitutional post, everyday defames other constitutional post holders and no one can raise his/her views based on an allegation of a victim lady against such protected constitutional post holder,” Banerjee added further.

He also posted: “Without arriving into prima facie finding@Mamataofficial defamed the Governor on the basis of allegation of a victim lady., Can the court pass any vague order against any person? If grievances are raised by a victim lady regarding her molestation by a constitutional post holder, whether the chief minister can be compelled to remain silent because of a proceeding by the wrong doer?.....”

Reacting on the issue, TMC MP, Sukhendu Sekhar Ray in a post on X said: “Constitutional Immunity doesn’t give license to any Governor for outraging modesty of woman as alleged or at all. Constitutional Morality preached by Hon’ble Chief Justice of India must be taken as article of faith by all constitutional authorities before advent of doomsday.”