The verdict of the Priya Ramani vs M J Akbar case that was pronounced on February 17 was immediately pronounced as a huge victory for the #MeToo movement in the social media. For Ramani, it was definitely a victory and a vindication, but for the #MeToo movement, it might be better to see it as an important milestone in the journey. It is critical to understand that there are still miles to go before women can feel confident of taking on sexual harassers in the workplace routinely. But first, a quick review of the basic facts of the case.
Priya Ramani was acquitted by Additional Chief Metropolitan Magistrate Ravindra Kumar Pandey, Rouse Avenue Court, New Delhi in the defamation case filed against her by BJP Rajya Sabha MP M J Akbar in October 2018. In 2017, Ramani had written an article for Vogue India in which she had mentioned an incident of sexual harassment from a “former boss”. In 2018, she identified Akbar – who was then a minister in the government – in a tweet as the former boss referred to in her piece. After her tweet, almost 20 other women came up with their own accounts of harassment while working under him.
Akbar promptly filed a criminal defamation case in October 2018. Most people in Ramani’s position would have thrown in the towel when faced with the galaxy of lawyers that Akbar had marshalled against her. She chose to fight despite limited resources and the considerable toll it took on her, helped by two others – Gazala Wahab and Niloufer – who came and testified on her behalf.
Along with acquitting Ramani, the ruling made some important observations. It pointed out that her disclosure was in the interests of anti-sexual harassment at the workplace and she had the right to air her grievance on any platform she chose and at any time, even years later. More important, a lot of sexual harassment took place behind closed doors and it was important to understand that the victim might not always be able to provide definitive proof.
But while Ramani can heave a sigh of relief – assuming that Akbar does not want to pursue the case by appealing the judgement in a higher court – it should be understood that the judgement did not pronounce her former boss of being a sexual harasser. That would not happen unless Ramani herself filed a criminal case for sexual harassment – which seems unlikely at the moment – and won it too. And while Akbar’s reputation has taken a knock because of the publicity generated by the case, Ramani had to pay a price too. She had to relive her experience in court and defend herself by coming for every hearing from Bengaluru to Delhi and face the army of lawyers with almost unlimited resources as the case dragged on.
Why isn’t the case a definitive victory for the #MeToo movement? One reason is that being a case in a lower court, it is unlikely to set a precedent in other cases of sexual harassment. It could, at best, prevent anyone accused of being a sexual harassment in future of filing a criminal defamation case unless absolutely confident of victory. It is also unlikely to lead to fresh guidelines unlike the Vishaka verdict that had led to the formulation of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013. Finally, the verdict does not make it any easier for a woman to file a criminal case of sexual harassment in the future, without a much higher burden of proof.
It is also important to remember that Ramani was fortunate to have multiple other colleagues who spoke up for her and two who came forward to testify on her behalf despite the odds. A very large number of journalists were also rooting for her in the three years of the case. But even then, there were other journalists who testified on Akbar’s behalf and quite a few other women colleagues who refused to speak up in public on her behalf.
For many women, the odds against accusing a powerful man would be insurmountable and they would choose to keep quiet, especially if they felt that they would not be supported by enough people. And on a day when Ramani’s verdict was being welcomed on social media, three young teenage girls were found tied up and raped in a district in Uttar Pradesh.
The Ramani case is an important milestone and a boost for the #MeToo warriors but it should not be mistaken as a victory that radically changes things on the ground for other women in the workplace.
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