It’s always been all over the news, someone being acquitted against any charges of sexual harassment or assault. Every time, people shame survivors even after they provide enough proof. Why? Is our legal system failing to provide any support to survivors? Does our legal system survive on bribes and corruption? Or do they just not care enough?
Tarun Tejpal. Former editor-in-chief of Tehelka Magazine. He had a legitimate allegation against him, yet, he somehow came out unscathed. Let’s rewind a little:
In 2013, a female colleague made an allegation against Tarun Tejpal for assault in an elevator, which led to Tejpal stepping down as editor-in-chief of Tehelka. He was subsequently prosecuted that year and denied bail.
In 2014, he sent a formal apology email to the survivor and the email was recovered by the Goan Crime Branch. He was granted bail this year, on July 1st: six months after his arrest.
Three years, there was nothing. In 2017, Tejpal requested the media to be prohibited from covering the court sessions and this request was accepted.
In 2017, the Bombay High Court refused to allow charges against Tejpal, while the Goan Trial Court formally charged him with rape. A few months after, the Supreme Court asked Goan Court to start a trial and have recorded evidence for this case.
In 2019, Tejpal’s appeal to quash all charges was rejected by the court.
In 2021, Tarun Tejpal’s judgment was deferred from April 27th, three times, to May 21st. On this day, Tejpal was acquitted of all charges against sexual assault.
I have one question, why was he arrested if he was supposedly innocent? Why did he write an apology if he was supposedly innocent?
Our justice system continues to fail us. It continues to disappoint survivors, humiliate, hurt, suppress, and demean them. Time and time again, survivors have been let down after months and years of fighting for justice against their harasser.
Tejpal’s acquittal creates space for many more abusers, harassers, and predators to get away with all that they do: but because of what? Is it their fame? Their power? Their ability to keep stalling a case and covering up their tracks?
Our system is rigged against survivors.
No, I do not say this only because of Tejpal. I say this because as a system that is renowned to provide justice, it looks for evidence in ways that survivors cannot provide. I say this because sexual assault cannot be proven in most scenarios, because how can one expect footage, marks, pictures, and immediate reporting? We continue to invalidate the survivors of our country because our legal system cannot work on anything but direct evidence.
No, I’m not against our legal system. I am against our legal system when they drag a case for 7 years to not provide any constellation. I am against our legal system when an abuser claims to have assaulted a woman in a formal apology but is not charged. I am against our legal system when they make survivors question if reporting is even a good idea because more often than not, survivors just relive their trauma.
Every time that a case is acquitted like this, survivors relive their trauma. Every time the media questions survivors, victim-blames, survivors relive their trauma.
Thoughts for the ones who come forth to question:
How come you ask that woman why she got in an elevator with a man? How dare you ask a woman to ‘forgive and forget? How dare you ask a survivor to prove their sexual assault like it’s a game of cat and mouse and it’s easy to find the remnants of the cheese? How dare you?
So no, when the Government of Goa is ready to appeal against this verdict, it shouldn’t come across as a ‘‘false allegation’. Your refusal to believe survivors is the only false thing because, in the heart of hearts, you know that it’s not easy being a victim, and now: a survivor.