Some questions about the Tarun Tepal rape scandal #Tehelka
When the email about Tejpal’s recusing himself from his job for six months leaked, I took it at face value and was angry with Tarun Tejpal and Shoma Chaudhary. Shoma’s refusal to form a sexual harassment committee whipped it into fury. There was no way that a sexual harassment committee was not required.
Then, the narrative evolved, and the clamour for an FIR, using the emails as proof happened. Goa police filed an FIR on their own and came to Delhi. This seemed to overrule the victim’s wishes on the matter, and right wing once again a champion of human rights, which means they are accusing the left wing of sabotaging the interests of the victim. The usual. Most likely dictated by the routine hyperbole, particularly with elections coming up. For example, BJP affiliated accounts have consistently given the most paranoid explanations of what is happening and insisted on FIRs to the point of their National Spokesperson pointing out in front of media that as per the new law, sexual assault was a crime against the state. Which probably means that victims of sexual assault have an obligation to suffer additional trauma in order for the state to get justice against the crime committed against it, if a suitable political party decided it should be so.
BJP is all over this case to the point of wondering how and where it fits after wanting nothing to do with Tehelka all these years. It is Madhu Kishwar who openly tweeted the victim’s name (other than a few handles with negligible followers). She brazened it out by claiming that she had seen the name being openly used in many places, which wasn’t true.
ABVP supporters held protests outside the Tehelka office, there were whispers of stones thrown at Tarun Tejpal’s house. The Chief Minister of Goa who has spectacularly failed to arrest the accused in the assault of a Nigerian that gave him serious head injuries, sent police from Goa to Delhi after filing an FIR, though it was hardly any time since he had said he couldn’t do anything unless the girl complained. This is in addition to countless statements by party leaders. The loudest noises that an FIR should be filed regardless of the victim’s wishes comes from the BJP as well.
And while it isn’t uncommon for BJP to pick a trending cause, particularly if it involves targeting someone they already hate, it is hardly any specific interest in law and order or even the victim’s rights, which are basically props.
Overall trend is that the BJP (who hasn’t forgotten the stings that stung) is the most critical of Tehelka, Tarun Tejpal and Shoma Chaudhury. Congress leaders are cautious but certain that more information and investigations are necessary. AAP seems to have commented cautiously, praising Tejpal’s stepping down while Other leaders have given statements to media on the subject that are more cautious, endorsing the victim’s rights and offering solidarity.
So what is really happening here?
I have no idea, but whatever it is has Tejpal neatly caught where he can’t escape (which is probably a good thing) and is riding roughshod over the victim (which is probably a bad thing).
My current conclusions on the Tejpal scandal
I have no doubt that Tejpal is in the wrong. ALL options point there including Tejpal’s own confessions.
I am not sure Shoma Chaudhary is guilty. She seems upfront when speaking, if a little defensive – which is likely the stress more than guilt. Her explanation for the email that broke the scandal makes sense. She was beginning to deal with this, and taking charge seemed the first step. There is no reason to disbelieve her, particularly since she has been doing the right things one by one. I am a little disappointed that she didn’t stick with her stand of not cooperating with an FIR against victim’s wishes (which was a stand I respect particularly for the high stress circumstances it had to be taken in), but from what I hear, victim herself is cooperating with it, so no reason for Shoma to not do so either.
No matter which way you look at it, Tejpal looks like a goner. At best – even if his every claim of innocence is true, he engaged in an unprofessional “liason” with a junior colleague, which is usually understood to be exploitative due to unequal power involved. Rohan Joshi nailed it – unequal on gender, power and age. More likely, he engaged in a crime that has the least punishment as 10 years and technically, he seems to qualify. It is another matter if our judges see it as fair to destroy the life of a member of the precious male sex over something like this, though thankfully, the media spotlight may make upholding the law more likely at least.
I am not sure what other forces and agendas are influencing the tip of this iceberg that is visible, but I’m fairly certain that confessions and apologies would not be possible without considerable confidence that the victim was not going to use them in court.
The victim’s wish for Sexual Harassment Committee has been successfully bypassed, whether the farce ends now or later. With the Goa police filing an FIR, there remains no reason for Tejpal to cooperate and every reason for him to not cooperate considering any admission, apology or regret before the SHC will get used against him in court. So it is a matter of time before the penny drops.
Will Tejpal go to jail? My gut feel is no. Should he? Hell yes, but my guess is that once the elections are done, this story will die out, and the victim will be left floundering to find her way with far less power at her fingertips.
Also looking at the news this case came and wiped out of people’s attention. And other factors.
In my view, this case has been compromised by political agendas to the point of it being a second exploitation of the victim. Brand new impeccable moral stands still smelling of paint have been whipped up on display for this case, while anything before and since seems to not exist. Check out the contrast with the story of sexual harassment in the Supreme Court, which actually had serial PIL filer and creep extraordinaire, advocate M L Sharma (of the Delhi Gang Rape comments outrage) filing a public interest litigation against newspapers for giving voice to the victim – and it does not appear to have struck very many people as a silencing of the victim by powerful people. Instead, media has meekly ignored the story for the most part.
The message is crystal. Tejpal is a unique person doing an unbelievably heinous crime that has no precedent or comparison and what he has done is so unbelievably dangerous that unless we overrule the victim’s insipid ideas of justice that don’t put him in jail for a decade right now, no telling what he will do next.
Just like every media tamasha.
I support whatever the victim wants. Everyone else can fuck off.
And a part of me worries about the journalists at Tehelka who have done nothing to deserve this.