

Attach Dir. Health. Order fresh probe in Health Deptt. case.


Attach Dir. Health. Order fresh probe in Health Deptt. case.
The Issue
We, the undersigned are shocked by increasing incidents of sexual violence against women in Kashmir, especially at workplaces. The conviction rate in cases of rape and molestation in J&K is less than 4%, by the government's own admission. While addressing this menace requires reforms on the institutional as well as social levels, exemplary justice is indispensable. Sir, you have displayed enterprise by sacking some lower-rung traffic cops who were harassing citizens recently, which is appreciable. However, the real test of the strength and independence of our institutions is when the higher-ups are involved.
In the recent case of a staff nurse who alleged sexual harassment by various Health Department officials, the police displayed extraordinary reluctance in filing the complaint, the complainant was made to sit in the police station till 8 p.m. and the FIR was not filed under the sections disclosed in her complaint. After the CJM slammed the police for lapses, the Health Department ordered an investigation which, the complainant alleges, is heavily loaded in favour of the accused, as he continues to head the department. As if all that weren't enough, the complainant is now getting calls from the police about a case of misbehavior against her in police station in Anantnag district, knowing fully well that she has to be in Srinagar district for the proceedings of the case.
Sir, you have reaffirmed your commitment to gender justice time and again. Here's a case where an employee, much lower in the workplace power hierarchy, is alleging sexual misconduct by the topmost official in her department. While the charisma of a public official comes to his rescue in the public trial that accompanies such cases, the invisibility of the complainant works against her, as much it protects their identity. We have no right to prejudge the case, but the very least that MUST be done is to ensure conditions in which a fair investigation can prevail. If an unbiased enquiry is not allowed to happen, a grave and unfortunate precedent against gender-justice will be set.
We demand:
1. The Director, Health should be immediately removed from the post of Director, until the enquiry absolves him of guilt. He can be suspended or attached until the enquiry is over. This practice be followed as a rule in all cases involving people occupying high posts, as it leaves open the possibility of abuse of official privileges.
2. A fresh investigation into the case should be ordered and the complainant's statements should be properly recorded.
3. Committees against sexual harassment at the workplace should be constituted by all government and non-governmental organisations, as per Vishakha guidelines.
4. The Sexual Harassment at Workplace Act, 2013 should be extended to the state with some positive amendments (especially without the conciliation clause which provides for settlement even before enquiry).
5. Quantum of punishment under the rape and molestation laws should be enhanced, in tune with the Criminal Law Amendment Act, 2013.
6. J&K Police needs to adhere strictly to CrPC guidelines while dealing with such cases and needs to be trained about gender laws and sensitive dealings.
We appeal to your good sense to ensure that justice prevails- in this case, and all others.

The Issue
We, the undersigned are shocked by increasing incidents of sexual violence against women in Kashmir, especially at workplaces. The conviction rate in cases of rape and molestation in J&K is less than 4%, by the government's own admission. While addressing this menace requires reforms on the institutional as well as social levels, exemplary justice is indispensable. Sir, you have displayed enterprise by sacking some lower-rung traffic cops who were harassing citizens recently, which is appreciable. However, the real test of the strength and independence of our institutions is when the higher-ups are involved.
In the recent case of a staff nurse who alleged sexual harassment by various Health Department officials, the police displayed extraordinary reluctance in filing the complaint, the complainant was made to sit in the police station till 8 p.m. and the FIR was not filed under the sections disclosed in her complaint. After the CJM slammed the police for lapses, the Health Department ordered an investigation which, the complainant alleges, is heavily loaded in favour of the accused, as he continues to head the department. As if all that weren't enough, the complainant is now getting calls from the police about a case of misbehavior against her in police station in Anantnag district, knowing fully well that she has to be in Srinagar district for the proceedings of the case.
Sir, you have reaffirmed your commitment to gender justice time and again. Here's a case where an employee, much lower in the workplace power hierarchy, is alleging sexual misconduct by the topmost official in her department. While the charisma of a public official comes to his rescue in the public trial that accompanies such cases, the invisibility of the complainant works against her, as much it protects their identity. We have no right to prejudge the case, but the very least that MUST be done is to ensure conditions in which a fair investigation can prevail. If an unbiased enquiry is not allowed to happen, a grave and unfortunate precedent against gender-justice will be set.
We demand:
1. The Director, Health should be immediately removed from the post of Director, until the enquiry absolves him of guilt. He can be suspended or attached until the enquiry is over. This practice be followed as a rule in all cases involving people occupying high posts, as it leaves open the possibility of abuse of official privileges.
2. A fresh investigation into the case should be ordered and the complainant's statements should be properly recorded.
3. Committees against sexual harassment at the workplace should be constituted by all government and non-governmental organisations, as per Vishakha guidelines.
4. The Sexual Harassment at Workplace Act, 2013 should be extended to the state with some positive amendments (especially without the conciliation clause which provides for settlement even before enquiry).
5. Quantum of punishment under the rape and molestation laws should be enhanced, in tune with the Criminal Law Amendment Act, 2013.
6. J&K Police needs to adhere strictly to CrPC guidelines while dealing with such cases and needs to be trained about gender laws and sensitive dealings.
We appeal to your good sense to ensure that justice prevails- in this case, and all others.

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Petition created on 19 June 2014