Court acquits senior journo Priya Ramani, notes MJ Akbar 'not a man of stellar reputation'

New Delhi: Observing that women cannot be punished for raising their voice against sexual abuse on the pretext of a criminal complaint of defamation, a Delhi court on Wednesday ruled that "the right of reputation cannot be protected at the cost of the right to life and dignity", thereby acquitting journalist Priya Ramani in the criminal defamation case lodged against her by former MP MJ Akbar in connection with the sexual harassment allegations against him.

Additional Chief Metropolitan Magistrate Ravindra Kumar Pandey, in his order pronounced in open court, accepted Ramani's contention that Akbar "is not a man of stellar reputation" on the basis of witness statements, including that of journalist Ghazala Wahab.

The court noted that most of the times, the offence of sexual harassment and sexual abuse are committed in closed doors. "Sometimes the victim herself does not understand what is happening to them or what is happening to them is wrong," the court stated.

Former BJP MP and Asian Age newspaper editor MJ Akbar, represented by senior advocate Geeta Luthra, had in 2018 charged Ramani with criminal defamation after claiming that the article on sexual harassment written by her in Vogue magazine in the backdrop of the #MeToo movement, were defamatory in nature and were intended to damage and malign his "stellar reputation".

Senior advocate Rebecca John, appearing for Ramani, in her submissions, had pleaded "truth" as her defence and that the allegations were made in "good faith, public interest and for public good", while relying on numerous allegations made by women against Akbar before Ramani's tweet on October 8 and his extra-marital affairs with his junior colleagues in the past.

"The time has come for our society to understand the sexual abuse and sexual harassment and its implications on victims... the society should understand that an abusive person is just like rest of the other persons and he too has family and friends," the court said in its order, adding that the victims of sexual abuse do not even speak a word about abuse for many years "because sometimes she herself has no idea that she is a victim of abuse".

"The victim may keep believing that she is at fault and the victim may live with the shame for years and for decades," the judge said while stating that most of the victims do not speak because of the social stigma attached to it. "The sexual abuse, if committed against a woman, takes away her dignity and her self confidence... the attack on the character of the sexual abuser or offender by the sex abuse victim, is the reaction of self-defence after the mental trauma suffered by the victim regarding the shame attached with the crime committed against her," the court further noted.

Dismantling Akbar's contention that Ramani made the allegations against him after a decade, the court said: "The woman has a right to put her grievance at any platform of her choice and even after decades".

Meanwhile, in its order, the court also drew reference to Hindu epics like Mahabharata and Ramayana to state that it is shameful that the incidents of crime and violence against women are happening in the country where such epics were written around the theme of respect for women.

The judge further added that Indian women are capable and to pave the way for them to excel, they only require freedom and equality. "The glass ceiling will not prevent Indian women as a roadblock for their advancement in society if equal opportunity and social protection be given to them," the judge ruled, while acquitting Ramani after directing her to furnish bail bonds and surety bonds for sum of Rs 10,000 each.