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[00:00:02] Has the legal system been a trap for Tanushree's MeToo? The Mumbai Police stated to a court that they don't have sufficient evidence to prosecute Nana Bhattekar, who was accused of sexual harassment by Tanushree Dutta in a complaint filed by her in 2018.
[00:00:18] Does a closure report from the police mean the end of the road for what is frequently described as Tanushree's MeToo? Will those who cynically predicted that the MeToo movement will fizzle out now say I told you so?
[00:00:31] Three lawyers explain why putting all your hopes in the criminal justice system isn't doing the movement itself justice. They tell us how women can still win in the court of public opinion, even if they lose in court.
[00:00:44] And how it's wrong to make women feel that unless they go the legal route, their story is not valid. So what can Tanushree do next? Here's a quote from Madhu Mehra. Madhu Mehra is a senior lawyer and executive director at Partner for Law in Development.
[00:01:09] Tanushree Dutta, she says, has the option of challenging the closure report in court, pointing out the flaws with it, including that the investigation failed to take on board the evidence that corroborates her account of what transpired.
[00:01:21] It is for the investigating officer to go collect evidence and gather statements from those connected with both sides of the story to draw final conclusions from. End quote. So the good news for Tanushree is that she can demand that the witnesses who would have
[00:01:35] corroborated her account have their versions recorded. Can we expect a favorable outcome? The judicial outcome cannot be predicted, says Madhu Mehra. Quote, the court will weigh evidence to see if the guilt of the accused can be proved
[00:01:52] beyond reasonable doubt, which is the standard required for convictions in criminal law. End quote. Of course the law should follow due process regarding the public nature of a case. Of course the law should follow due process, regardless of the public nature of a case.
[00:02:11] But does the law take into account the fact that it is really hard to find evidence to prove harassment that allegedly occurred a year ago? Here is what Flavia Agnes, a woman's right lawyer said. Quote, time lapsed is the most critical.
[00:02:31] If filing after a decade where will you find the evidence? When you are filing a criminal complaint how will you prove it? This is the most difficult part. You may not get witnesses coming forward if you file a criminal complaint and get a closure report.
[00:02:45] It does more harm because public opinion can turn against you. End quote. Is social media a friend or a bully? Here is what Mehira Soothe, Supreme Court advocate specializing in gender equality says. In a lot of cases the women who were speaking out after all these years
[00:03:06] were not really looking into legal recourse and were bullied into it by social media that says if you are serious about the allegations then why not go to court? There is the general obsession that the law is going to solve the problems of society. End quote.
[00:03:21] Legal process once again says Mehira Soothe can be a trap as the law may not go in your favour because you may not have preserved the evidence. End quote. Mehira goes on to say, criminal law requires a much higher standard of proof than the POSH
[00:03:39] or Prevention of Sexual Harassment Act. But often the POSH act doesn't strictly apply or doesn't provide an effective remedy. End quote. So what should women do? They should keep their screenshots, call records, start collecting and preserving evidence if they have any.
[00:03:56] But if they don't have that evidence it is still quite understandable, especially many years later. This means that they should be aware at the same time that the legal system requires a lot of evidence in sexual harassment cases.
[00:04:08] Finally women should not be made to feel that unless they take the legal route their story is in some way not so valid. End quote. There is the general obsession that the law is going to solve the problems of society. What does she see as justice?
[00:04:25] This is something that is very personal for every complainant. Many people are quite satisfied as someone is outed in front of friends and family. End quote. Is a verdict the only justice?
[00:04:37] Have women been given the message that their story is not valid if they don't file a criminal charge? Speaking out has been one of Tanushri's biggest contributions to building a supportive community for women who validate each other's traumas.
[00:04:50] Madhu Mehra says that this in many ways is beyond and larger than what legal verdicts can ever offer. End quote. Justice she says is a holistic concept and in her words victims choose their pathways variously through solidarities,
[00:05:04] sharing, collectivising, validating each other as a way of affirming their truths and healing. End quote. Will the law change or should it even? Mehira soon says that procedures can be made more sensitive but beyond a point the law is not going to change. Quote.
[00:05:22] It is not going to become that flexible. The rigidity of procedure and evidential requirements inbuilt into the law are inbuilt for a reason, a good reason. End quote. So while Tanushri can follow the legal options she has before her to challenge the Mumbai Police Closure Report,
[00:05:38] the long drawn out legal battle poses these two questions for women in her situation. Are women fully aware of the limitations of the flexibility of the criminal justice system to handle sexual harassment complaints?
[00:05:50] Two, will me too supporters and commentators see the calling out of alleged perpetrators in the court of public opinion as justice enough? With inputs from India today.