By Suresh Unnithan
Thiruvananthapuram: Chief Minister Pinarayi Vijayan’s tough posture against atrocities on women of any form needs to be lauded. Recently in a party function he has reiterated his government’s firm resolve against the perpetrators of violence against women in general. “Strict action will be taken if there is a word, a look or an act that questions the pride of women”, the chief minister who is also senior leader of the ruling CPI (M), declared while addressing party workers, recently in Alappuzha.
It seems his subordinates in the Government and Administration is little bothered of the Chief Minister’s guarantee and there are series of incidents reported on sexual abuse of women at workplace. Attempted sexual and calculated and continued mistreatments from seniors against a young lady Beat Forest Office (BFO) are a classic example of the daring outrageous acts from her seniors who were deliberately trying to “tame” her for ulterior, but palpable motives.
“I am being persecuted for the reason that I don’t succumb to their salacious advances. I am from a traditional family with firm ethics and we don’t approve of any act of moral turpitude.”
It is frightening, this young lady officer was often taken to task for reacting harshly to the sexually loaded and inviting gestures of her seniors. “I was unwantedly harassed by some of the immediate seniors, for no reason. From the day I was assigned the duty of the secretary, district tourism Thiruvananthapuram, there was restlessness against me”. According to the lady officer, there were clandestine efforts from some seniors to malign her. “To my surprise, there was a probe against me based on some anonymous letters and those officers who conducted the probe on the said letters tried to bully me.” The lady officer has confessed in a written statement to the state women’s commission in the month of August last year that due to repeated attempts of sexual harassment from certain senior officers who were implicitly seeking ‘intimacy’, she approached the Internal Complaints Committee (ICC). The lady officer had also submitted written complaints to the concerned Minister and also the Head of Forest.
However, there was no respite for the lady officer, for the sexual advances from her seniors continued and the lady officer proceeded with her complaints with the ICC.
On 10.08.2021 the ICC headed by, Neethu Lakshmi, IFS ruled that the two accused (officers from the Forest Department) were guilty under Sexual Harassment of Women at Workplace (Prevention and Prohibition and Redressal) Act 2013. The ICC had in its final report recommended suitable disciplinary actions against both the culprits for “the committee is convinced that the accused have committed the offence (sexual harassment of the lady BFO)”.
Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act, 2013 (POSH Act) was legislated “to provide protection against sexual harassment of women at workplace and for the prevention and redressal of complaints of sexual harassment and for matters connected therewith or incidental thereto.” This Act ensures that the workplaces are free from sexual harassment and provides safe as well as secure environment for women. As per Section 3 (1) of the POSH Act, “No woman shall be subjected to sexual harassment at any workplace.” Moreover, Section 19 (a) illustrates that every employer should “provide a safe working environment at the workplace which shall include safety from the persons coming into contact at the workplace.”
The ICC is constituted as per the Act for the protection of women. The Act mandates the Committee to report the crime of such serious sexual harassment cases to the Police for further action. But the ICC, in this case, has not initiated any action against the accused, even after finding guilty of the heinous crime.
The punishment for sexual harassment of women at the workplace in India can include imprisonment and/or a fine. The length of the sentence depends on the nature and number of offenses.
“The inaction from both the ICC and the department against my complaint, even after the accused were found guilty, forced me to approach the state women’s commission for justice. The women’s Commission, after conducting a detailed investigation, found the accused guilty of the crime and directed the authorities for punitive actions against the culprits.”
As per the statement of the lady BFO (available with this correspondent) “the accused officers had tried to placate me to withdraw the complaint. When they realised that I am in no mood to budge they (the accused officers) fabricated charges against me and on the basis of a cooked-up investigation report I was issued a suspension order by Thiruvananthapuram DFO, Anil Anthony IFS. Later, in an enquiry I was discharged of all the allegations and reinstated in service with a clean chit.”
The lady office, when she knew that the Administration was hesitant to act against the culprits, that too after they were found guilty of sexual harassment at work place, moved legally and filed a complaint with the Vidura Police, seeking justice. The complaint was filed on 17. 10.2021 And FIR was lodged under sections 354 A (1) (ii).
“When the Police started a probe based on my complaint, I started receiving threatening calls from different people. The henchmen of the accused constantly harassed me and threatened to endanger me, my two kids and husband. All were nervous in my family and I was compelled to withdraw the FIR. Considering a petition (CRL. MC NO. 146 of 2022) Hon’ble High Court of Kerala quashed FIR in Crime No. 1830/2022 of Vidura Police Station.”
According to the Lady BFO, the accused had “filed an affidavit in the Court that there will not be any misbehaviour of harassment from their part hereafter. But the harassment and misbehaviour is still continuing with more force.”
“The harassment resulted in deterioration of my health and I had to take continuous treatment. I went on leave from 24, February, 2024 for treatment.”
Her pathetic plight still continued. “When the accused and their collaborator were sure that I would not submit to their libido, they intensified harassment. A fake complaint was raised against me under SC/ST atrocities Act that I have abused someone allegedly belonging to Scheduled Caste. “
A local Malayalam daily reported this incident on 16. 03. 2024 with “objectionable descriptions” and the lady officer “is moving against a Daily for publishing false and defamatory reports. I will surely file both criminal and civil suits against the newspaper. I can prove before the court that the news is false and loaded with lies.”
The Vidura Police had filed FIR No. 0482 on 17. 05. 2024 based on a complaint from one Mr Anil Kumar S/O Arjunan, under Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act 1989 (Amendment 2015). A high-level Police investigation absolved the lady BFO in this case also. The probe report from the District Police Chief (Order No: D1-54177/2024/T Dated 31.08.2024) categorically stated “on the basis of the petition of one Anil Kumar S/o Arjunan, a case was registered as Crime No. 482/2024 U/S Sec 3(1)(r)(s)of SC/ST (POA) Amendment Act 2015 of Vidura PS. During the course of investigation it is revealed that the offence under the charged sections have not been committed by the accused in the case.”
The Deputy Superintendent of Police Nedumangand had also informed the lady BFO that “the case was found false.”
In fact, this is a classic case of coercing a lady to submit before those “sexually starved”. If the statements of the lady officer have to be believed, she is still beleaguered by the “human predators” in service. The lady officer has, in a desperate move to safeguard her from the “perverted souls” approached the state women’s commission and the commission did rule in favour of her and give direction to the administration for necessary punitive actions against the accused.
The lady officer had submitted the complaint to the women’s commission on August, 08, 2024 against three senior officers, including a lady IFS officer.
Ruling against the accused the Commission in its order observed: “Upon examining the complaint the commission has come to the clear conclusion that an officer who has been efficiently discharging her official duties has been harassed in multiple ways by the higher officers, including lady officers.”
The order further elaborated, “Since it is proven that Even IFS officers are party to such harassments the government is recommended to take suitable punitive measures against the accused officers.”
The commission has also asked the government to protect the lady officer from any further harassment or inconvenience deliberately created by the offenders or anyone else.
However, the department and the government have been maintaining a stoic silence on the issue.
Sensing trouble brewing up, the lady BFO’s mother wrote a letter to the Forest Minister, requesting protection for her daughter at workplace. “Even after months there is no response from the Minister’s office.”
The lady officer said that while she contacted the Minister’s office to brief about her pathetic plight, an office attendant (OA) “responded in an unruly and threatening tone as if he was the custodian of the Minister’s office.”
To know the government’s approach on the lady BFO’s case, this correspondent tried to reach the Ministers PS, but no response. The officer has not even responded to a whatsapp message.
Talking to this correspondent on the issue the lady officer reiterated her resolve to seek legal remedy, as the last resort. “I am committed to take this issue to its logical conclusion. If there is no proper action from the Ministry and the department, I will approach the court with all material I have in possession.”
