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Showing posts with label #metoo. Show all posts
Showing posts with label #metoo. Show all posts

Monday, 19 November 2018

When a woman sought justice on harassment, the Lords closed ranks

Jasvinder Sanghera has spent her life fighting sexual abuse. But the upper house has shielded Lord Lester from punishment writes Kate Maltby in The Guardian

 
Jasvinder Sanghera: “How can I suggest that victims of sexual harassment and bullying should complain to the Lords? I don’t want them to go through what I’ve been through.”


When the #MeToo movement hit Westminster last year, some didn’t see what all the fuss was about. Those of us who had put our names to complaints of sexual harassment were presented as over-privileged women operating in elite institutions: if we were miffed by the odd indecent proposal, or the occasional lunge from a politician, perhaps we needed an education in real suffering. 

No one can similarly accuse Jasvinder Sanghera of being sheltered when it comes to sexual violence. At 14 she ran away from home to escape a forced marriage, sleeping rough at first. Her sister Robina was less lucky. At the age of 24, Robina fatally set herself on fire after being told the family would disown her if she walked out on her husband’s physical violence. Since her sister’s death, Sanghera has spent 25 years campaigning against sexual abuse in traditional communities. Her charity, Karma Nirvana, helped make forced marriage overseas a criminal offence.

Last week, Sanghera outed herself as the woman who had made a complaint of sexual harassment against the Lib Dem peer Lord Lester. She would have felt like a “phoney”, she says, if she had continued campaigning against sexual violence in the family while allegedly tolerating harassment in the workplace.

Sanghera claimed that, while lending his support to her work, Lester had groped and harassed her and eventually promised: “If you sleep with me I will make you a baroness within a year”. He allegedly threatened to retaliate when she refused. Lester strongly denies all the allegations, though an investigation by the Lords’ commissioner for standards found against him. That investigation has since been scrutinised by two committee reviews, both of which again found against Lester. Overall, two law lords, two former lord chancellors, the former chair of the Equality and Human Rights Commission and 15 other peers have examined the case and ruled in Sanghera’s favour. But according to Lester’s friends in the House of Lords, this isn’t good enough.

As soon as the last appeal failed, Lord Pannick, a respected QC who is a close friend and supporter of Lester’s, launched a media campaign to discredit the investigation process in which he had just participated – including making the astonishing claim that Lester should have been allowed personally to cross-examine a woman who had accused him of sexual assault. Pannick’s campaign against Sanghera’s credibility read like a textbook case of establishment mobilisation: a column in the Times, where he is a regular columnist, and an appearance on the Today programme, where he called Sanghera “vague and contradictory”. There are, he alleges, errors or discrepancies in her memory. No doubt there are, at a distance of 12 years. But crucially, six witnesses gave evidence that Sanghera had confided in them about the alleged harassment at the time.

In his newspaper column and on the radio, Pannick drew our attention to a friendly note that Sanghera had inscribed to Lester in a copy of her book, after the key incident. Yet on neither occasion did Pannick acknowledge that Sanghera had been heavily questioned by the commissioner on this point, as she had been on every “challenge” made by Lester’s team. Sanghera’s side of the story is that Lester had requested the inscription at a large public setting “at the front of the queue of around 100 people”. She was still reliant on Lester’s help for her policy campaigns. She repeatedly told friends at the time that she still felt uncomfortable. But from Pannick’s media interventions, you’d be forgiven for thinking this was a smoking gun that had never been put to Sanghera in the investigation.

It is profoundly depressing that after a year of public discussion about sexual harassment, educated men still claim not to understand the pressure women feel to show harassers that there are no “hard feelings” . A female barrister at Pannick’s own chambers had the guts to point this out on Twitter, writing last week that: “I was sexually harassed by a Crown Court judge whom I spent a week work shadowing. At the end of the week I not only thanked him profusely for the opportunity, I actually sent him a Fortnums hamper to show my appreciation. Such is female socialisation in the 21st Century.” Harvey Weinstein’s victims were famously photographed grinning with him at parties.

The #MeToo movement has often been accused of disrespecting due process. Yet last week we saw a woman vindicated by an established process, and still denied justice when the Lords refused to pass a sanction against Lester on the grounds that it doubted the results of its own process.
Peer after peer turned up in the Lords on Thursday to swear that they had known Lester for donkey’s years and that he wouldn’t harm a fly. In court, an admission of lifelong friendship with the accused would immediately lead a juror or adjudicator to be recused from the case. Only in the House of Lords, it seems, does being a mate of the man in the dock particularly qualify a chap to try his case.

Many in the Lords were concerned that this case had been tried “on the balance of probabilities”, instead of “beyond reasonable doubt”. But the former is the civil law standard used in any employment tribunal: Lester was facing suspension from a job, not a jail sentence. In rejecting that standard of proof, the Lords has shown that it expects to be held to lower professional standards than any other place of employment. This cannot be right. If the Lords feels its own procedures are not fit for purpose, it must accept that modernisation is likely to be tougher, not easier on it. The Lords should be careful what it wishes for.

Monday, 22 October 2018

On Sabarimala - Why are rational, scientific women upset?


By Girish Menon

“I do not wish to join any club that will accept me as a member” quipped Groucho Marx once. I will pass on this wisdom to women of menstruating age whose efforts to enter Sabarimala have been stopped by their own sisters, male priests and political activists.

In essence the Indian Supreme Court has decided in favour of allowing all women to worship at Sabarimala as failing to do so could be interpreted as discriminatory and in violation of every Indian’s fundamental right to equality guaranteed by the constitution.

The recent violence is testimony to the failure of the Indian state as it could not ensure protection to those women who wished to worship at Sabarimala. This is a replay of Ayodhya 1992 when a mob destroyed the Babri Masjid in violation of court strictures.

I have read reports that those opposed to the Supreme Court verdict in the Sabarimala case have now filed an appeal with the Supreme Court. This is a welcome move and should have been the first step in their protests instead of physically stopping women from entering the temple.

In a democracy the legislature is superior to the courts. So it should have been up to the political activists to pass legislation that suits their political views. However, such legislation will always be of secondary status to the fundamental rights of every Indian which can only be curtailed under special circumstances, if at all.

Tradition

Tradition has been quoted as the main argument to defend the practices of Sabarimala. Leaders of most denominations use this argument to protest against demands for reforms. This argument gains most momentum because of the historical failure to pass a uniform civil code bill that applies to every Indian uniformly.

In the case of Hindus, The Paliyam Satyagraha in Chendamangalam in 1947-48 enabled a break with tradition as lower caste Hindus were hereafter allowed to enter temples. Thus tradition is only a convenient term to fight against reform and modernity.

Uniting all Hindus

The demographic changes in India along with news of rapidly growing Islam and Christianity in many parts of the world give momentum to the BJP argument that ‘Hinduism is in danger’. Under such circumstances can the BJP afford to alienate Hindu women who clamour for the right to worship at Sabarimala?

In the book The Global Minotaur the author Yanis Varoufakis defines the term aporia

        that state of intense puzzlement  in which we find ourselves when our certainties fall to pieces ; when suddenly we get caught in an impasse, at a loss to explain what our eyes can see, our fingers can touch, our ears can hear. At those rare moments, as our reason valiantly struggles to fathom what the senses are reporting, our aporia humbles us and readies the prepared mind for previously unbearable truths.

For Indians the moment of aporia has arrived. Now maybe the best time to introduce the uniform civil code and ban religious conversions. Else the charge of India turning into a ‘Hindu Pakistan’ may become a self fulfilling prophecy.

On the other hand, why would modern, rational women with a scientific bent of mind and a claim that ‘God does not exist’ fight for rights to worship Ayyappa is something that I have found hard to understand.