Delhi protests: Supreme Court moots panel to probe sexual violence complaints by women journalists

The Supreme Court on Thursday said it would consider constituting a committee to look into the complaints of sexual violence against women journalists during recent protests in Delhi.

A bench of Chief Justice of India (CJI) Surya Kant and Justice Joymalya Bagchi said that the committee could be predominantly or exclusively composed of women.

"We are also prima facie agreeing that the committee in your matter must be predominantly or exclusively composed of women. It may comprise a former woman judge, a former woman IPS officer, a former woman social worker or a social activist with a known track record," said CJI Kant.

The Court made the observation after Senior Advocate Indira Jaising highlighted the issue in a petition moved by the Network of Women in Media, India (NWMI) which has sought safeguards for journalists covering protests, including protection against alleged assault, intimidation and arbitrary detention.

Jaising said that women journalists face particular vulnerabilities while reporting from protest sites.

“When they go to a protest site, they constitute a class by themselves because they not only have the right to speech, not only have the right to protest, but also the right to work. They go there to perform their duties in exercise of their right to work,” she submitted.

Jaising alleged that women journalists were pushed and pulled around, especially by male police officers, during the protests.

“Which is not to say that women police officers did not push them. They did. That would constitute harassment, but when it happens by a male officer, it constitutes sexual harassment,” she added.

Jaising urged the Court to pass urgent orders, particularly for constituting a committee to examine the complaints of women journalists. She added that the Court should also consider compensation for those who had faced violence, including sexual violence.

She said that the committee should function separately from the inquiry committee already constituted by the Court for July 20 student protests at Jantar Mantar.

“Mine is a case where you need a differently constituted committee to look at compensation, which enables it to look at each and every complaint by each and every woman journalist who has complained of violence, including sexual violence,” she said.

Jaising stressed that the committee should be constituted in accordance with the Vishakha guidelines, which laid down safeguards against sexual harassment at the workplace.

“Therefore, we need to discuss who will be the members of this special committee... I have my suggestions. I am happy to share them with the Court... It will include a retired woman judge. It will include a retired woman IPS officer. We do not want serving IPS officers. It will include civil society representatives, and it has to be headed by a woman,” submitted Jaising.

Additionally, she sought permission to submit a list of complaints in a sealed cover, with the names of women journalists willing to file affidavits detailing their experiences.

“We would like to maintain their confidentiality,” she said.

Taking note of the submissions, the Court agreed to receive the material in a sealed cover.

“Yes. In sealed cover only. The Court will have to handle the vulnerability very sensitively and cautiously,” said CJI Kant.

The Court also asked Jaising to submit a separate sealed envelope containing her proposed names for the committee.

“Any other material which you are giving us in sealed cover, give us another sealed envelope suggesting the names,” said CJI Kant.

The Court said it would like to pass an order in the matter as soon as the material is received.

"If you can give them during the course of the day, we will be very happy because we would like to pass...," CJI Kant said.

In the brief order passed today, the Court said,

"Ms. Indira Jaising, learned senior counsel, agrees that during the course of the day she will hand over the material collected by the petitioner in a sealed envelope for the consideration of this Court. Besides this, names of former judges, former police officers or other social activists may also be submitted in a sealed envelope."

NWMI in its petition has also sought enforceable guidelines for police interactions with journalists during protests and public demonstrations, as well as an independent inquiry into the incidents and action against police personnel found responsible.

The plea follows allegations by women journalists who were covering protests in Delhi against the Special Intensive Revision (SIR) of electoral rolls. The journalists alleged that they were manhandled, detained and prevented from carrying out their professional duties despite identifying themselves as members of the press.

The allegations also follow a separate incident on October 3, when three women journalists accused Delhi Police personnel of sexual harassment during their detention at a protest near Jantar Mantar.

The Supreme Court on October 11 had directed that lawyers, journalists and other professionals should not be hindered in discharging their professional duties during the protests.

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