Posts Tagged ‘Jessica Lal’

How new rape law caught up with Tarun J. Tejpal

22 February 2014

tarun

Tehelka founder-editor Tarun J. Tejpal has been in jail for over 80 days now on the charge of “raping” a junior colleague during an event organised by the magazine at a Goa resort. The Goa police have charged him on seven counts under the new rape law that came into effect after the Delhi gangrape in end-2012.

Meanwhile, there is a subtle but noticeable shift in the discourse in drawing rooms on the plight of the high-profile journalist, as the words “witchhunt” and “political vendetta” are bandied about loosely.

Is “a 10-year prison sentence for three minutes of non-penile misconduct in a moving lift*” just? Is politically correct India making a big issue of a “small offence”? Is the new law too harsh and far removed from the emerging male-female relationship in the modern Indian workplace, etc?

Those questions which were being asked sotto voce, have found open expression in chain e-mails and posts on social media. A former Tehelka journalist writes in a Pakistani newspaper that Tejpal’s “friends and family are going around meeting editors and opinion-makers to argue their case”.

Those questions also reveal ignorance and incomprehension of the new rape law, which, as The Times of India story (in image, above) demonstrates is being applied not just on Tarun Tejpal but also on other sexual offenders since it came into force in April 2013.

The women’s rights lawyer Vrinda Grover explicates Tejpal’s case in a column in Outlook*:

“In the case of Tarun Tejpal, it’s an aggravated rape because, by his own admission and by the statement of the complainant, he was in a position of dominance, trust and authority having known her father, as well as being her boss. These are statements of fact.

“The law has expanded the coercive circumstances to include these categories. Nothing dramatic has happened now, but everyone is getting very anxious.

“I’m very puzzled at the high level of anxiety from men in all professions. Is it really that men are doing this so rampantly that they are suddenly in panic mode? That they have been putting their body parts into women without their consent?

“In that case I have a word of advice to them: now this is the law, don’t do it, and if you do it, you will be arrested. And if the courts deem it fit, you’ll be punished. That’s a hard-won reality. The new law just clarified what consent meant. It said there has to be an unequivocal, voluntary agreement by word or gesture.

“In the case of Tarun Tejpal, the victim is saying to him, ‘Don’t do it, stop it’. How can that message not go across? If you continue to do it, then I’m sorry, it’s a crime.”

Former Tehelka journalist Shivam Vij takes up a couple of more bogeys being bandied about in drawning rooms, in the Pakistan paper, Express Tribune:

“Firstly, we are told about trial by media. What’s funny here is that when the Indian media began its culture of doing campaign activism for one or two cases, Tehelka had a key role to play. It was Tehelka that mobilised youth and TV cameras at India Gate to ask for justice for a murdered model, Jessica Lal. Tehelka even did a sting operation on the issue. Nobody wondered how the accused felt about such a trial by the media.

“Secondly, Tejpal wants a trial by media. Since his legal case is so weak — he’s admitted his crime on email — he knows the only battle possible to win is the media battle. His friends and family are going around meeting editors and opinion-makers to argue their case. They’ve also taken to Twitter to argue their case. A mass email was sent out by someone who used the victim’s photograph to say that she looks okay and suggests her allegation is false. Why would his reporter, who worked with him for four years, accuse him of rape?

“So, while the Tejpal campaign has the right to make its case before the media, the media does not have the right to ask tough questions of him? You ask him why his versions have been changing and it becomes trial by media? He wants the CCTV footage released to media and public so that we can voyeuristically watch and decide if the victim looks traumatised or not? That’s not trial by media?

“Then there is the issue of bail. Tejpal has been in jail since November 30 and hasn’t got bail. That is because bail in rape cases is difficult in India, for everyone. Asaram Bapu, religious guru far more popular than Tejpal, has been in jail without bail for far longer on rape charges. Why should the law make an exception for Tejpal?”

* Disclosures apply

Also read: Tarun J. Tejpal steps aside as Tehelka editor

Online appeal to protect Tehelka journalist’s identity

Jessica Lal, Tehelka, Bina Ramani & the media

15 February 2014

bird-in-a-banyan-tree-bina-ramani

It was in South Delhi socialite Bina Ramani‘s Tamarind Court restaurant that Jessica Lall, a “model who worked as a celebrity barmaid”, was shot dead in 1999 by Manu Sharma, the son of Congress politician Venod Sharma.

Initially exonerated of the charges, the case turned full turtle for Sharma following a sting operation by Harinder Baweja, then with Tehelka magazine. Manu Sharma was eventually found guilty.

As the owner of the restaurant which was the scene of the crime, Bina Ramani spent nine days in jail in the case. She has an interview with Tehelka this week following the release of her book Bird in a Banyan Tree:

You have been sharply critical of the role media played in the aftermath of the Jessica Lal trial. Yet, it was a Tehelka investigation that brought out the truth. Do you think media can ensure justice?

It is not a guarantee that the media can ensure justice but it can certainly carve the path to it. Conversely, it can derail justice when it becomes over-zealous about its point of view. The media in India is extremely powerful and can wield a lot of influence—it should therefore be thorough i its investigation.

For the record, the news channel NewsX is now owned by Kartikeya Sharma, brother of Manu Sharma, through his company Information TV.

The Sharma family’s Piccadilly group also now owns M.J. Akbar-founded The Sunday Guardian, whose chairman is Ram Jethmalani, whose interview with Karan Thapar is must-watch television.

Also read: Note to directors: It was Shammy, nor Barkha

Jessica Lal verdict proof that Indian media works

27 April 2010

The Supreme Court of India has upheld the life sentence awarded by the Delhi high court to Manu Sharma, the son of Congress leader and former Union minister Vinod Sharma, for killing Jessica Lal, who had declined to serve him a drink after the bar had closed in Delhi, in 1999.

Manu Sharma’s counsel, the noted criminal lawyer Ram Jethmalani, had argued that his client had been specifically targetted and maligned before and during the proceedings by the media, which proclaimed him guilty even after the acquittal by the trial court.

Rejecting this argument, the SC bench said:

“Certain articles and news items appearing in the newspapers immediately after the date of occurrence did cause certain confusion in the mind of the public as to the description and number of the actual assailants/suspects. It is unfortunate that trial by the media did, though to a very limited extent, affect the accused, but [was] not tantamount to a prejudice which should weigh with the court in taking any different view.”

The veteran editor T.J. S. George writes that in his “misplaced protestations against the media”, Jethmalani lost sight of the fact that, for once, “trial by media” achieved something good, beyond anything he could have achieved.

“The media in India today is not exactly a clean entity. It has become, generally speaking, dubious in its motivations, mischievous in its pretensions, and plainly guilty in many of its practices.

“Large sections of it are corrupt.

“Amoral ideas have been institutionalised by the biggest players with fancy labels like “private treaties” and “paid news.” The guilty in the media too should one day be brought to justice.

“It is a bit of a miracle that a media that has abdicated its responsibility is still able to do some public good. It is the nature of its work that makes this possible.

“Malpractices, misdeeds and criminalities dot the activities of our governments, our politicians, our businessmen, our film stars and even our sports bodies. A great deal of this is brought to public attention only because the media, by default or otherwise, dare publish information the guilty try to suppress. We only have to recall the numerous scandals of recent times to appreciate the value of this service done by the media.

“The Jessica Lal case shows how the media, warts and all, and public spirited citizens and alert judicial authorities can work in tandem to keep at least a few of our influential criminals out of harm’s way. Justice is higher than a lawyer’s interest in his client. “

Read the full article: ‘Media is amoral, but it works’

Infographic: courtesy The Telegraph, Calcutta

View: Karan Thapar‘s award winning interview with Jethmalani

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