A law school graduate made public details of her traumatic experience of sexual harassment as an intern of a retired Supreme Court judge, A. K. Ganguly. The court set up a three-judge panel to look immediately into her allegations and report back. The committee found prima facie evidence that Justice Ganguly had made an unwelcome sexual advance. But the panel had no punitive power against him as he had retired. The findings should have aroused a stronger reaction in the judicial community. Justice Ganguly has of course denied the allegations and stated that the 2013 law on sexual harassment does not apply to what has purported to have happened in 2012. He is still Chairman of the West Bengal Human Rights Commission. Under the Human Rights Act, only the President can ask for his removal after reference is made to the apex court.
But Assistant Solicitor General Indira Jaising has given out details of the complainant’s testimony. The matter can no longer be hushed up in a closed chamber. Institutional loyalty should back the young intern. Justice Ganguly does not deserve the protection of the aura of his office. A former Chief Justice of India, Altamas Kabir has said that Justice Ganguly could not have acted as alleged. But the Supreme Court’s own panel found evidence of the judge’s misdemeanour. If Justice Ganguly refuses to resign, the judiciary should put pressure on him, though it would not tarnish the image of the office he holds. West Bengal Chief Minister Mamata Banerjee has written to the President seeking action against Justice Ganguly. Law Minister Kapil Sibal has asked Ganguly to resign on his own. So has Lok Sabha leader of the Opposition Arun Jaitley. Former Lok Sabha Speaker Somnath Chatterjee has however taken Ganguly’s side and said that Mamata Banerjee is up against the former Judge on political grounds.
