Named & Shamed On Social Media, But Has Any Action Been Taken?

Mahesh Murthy, Arunabh Kumar, Shamir Reuben: Named & shamed on social media for harassment, what’s the follow up?

Mahesh Murthy (Left), Arunabh Kumar (Centre), Shamir Reuben (Right)

(Photo altered by The Quint)

1. Shamir Reuben

2. Mahesh Murthy

3. Arunabh Kumar

These are just three out of the many names that have been called out and shamed on social media over sexual harassment allegations in the last one year or so alone. Today, with Utsav Chakraborty’s name added to this list, these question beg to be asked – how long does the impact of social media outrage last? Have any of these people been taken to task legally? And where does the case built against them stand at the moment?

Read on to find out.

1. Mahesh Murthy

The 52-year-old angel investor was first called out for molesting, stalking and sending sexually explicit text messages to a Delhi-based woman entrepreneur who complained about him to the National Commission for Women (NCW) in 2017. In December 2017, Murthy was booked under multiple sections of the IPC and the IT Act and arrested by the Mumbai police.

However, this was only the beginning. While Murthy was let out on bail, at least four other women came forward with further allegations of sexual harassment against him. According to the NCW, the complainants were from Mumbai, Bhubaneshwar, Bengaluru and Australia. They included a government official, a journalist and an author among others.

Quoting NCW officials, The News Minute reported that one of the complainants claimed that Murthy sent her an offensive and explicit text message. Another woman said that he molested her at a coffee shop at Taj Land’s End in Mumbai.

“He started touching my legs with one hand and planted a big wet kiss on my lips. I noticed one of the waiters ogling at us with lot of interest. My eyes cried for help but my tongue was tied,” recounted a woman to Factor Daily , who was 19 years old at the time when Mahesh Murthy harassed her. 

In March, another FIR was filed against Murthy for sexual harassment and outraging a woman’s modesty. This time, he had already applied for an anticipatory bail plea that he was granted with conditions.

“I received four more complaints against Murthy. I am shocked to read the details... how is this man roaming free? If the allegations are true, he is dangerous to the society. I have forwarded all the complaints to DGP and CM of Maharashtra, requesting them to take strict action and press serious charges against Murthy, if the complaints are found to be true.”

Rekha Sharma, Member with the additional charge of Chairperson, NCW to <a href="https://www.dnaindia.com/india/report-4-more-ncw-complaints-against-mahesh-murthy-2588236">DNA</a>.

Murthy countered the allegations and called them defamatory.

Present Status

Mahesh Murthy has been directed by the court to visit Bandra police station on the 1st and 15th of every month till the police file a chargesheet in the case. Murthy was also directed to deposit his passport with the investigating officer in April 2018 and asked not to leave India without prior permission from the court.

2. Shamir Reuben

Shamir Reuben, slam poet and a member of Kommune – an art and live performance collective, was accused by a fellow poet on social media of sexual misconduct and harassment. The woman wrote that Shamir Reuben repeatedly sent sexually explicit comments and asked her for nude pictures, despite her making her disinterest clear.

“It was through ask.fm that I came into contact with Shamir Reuben. He approached me with a simple, sweet message, and we exchanged numbers. This was someone that was looked up to by everyone on the site, including me. Which is why I was extremely confused when he sent me inappropriate texts. I was far too naive to realise what was going on, however I was extremely uncomfortable so I ended the conversation immediately.”&nbsp;

Excerpt from the Facebook post by a woman who called out Reuben for harassing her

In this instance too, multiple complainants, including those who were minor at the time of the incident, responded in the same thread, recounting their experience with him.

“I was going through a bad break-up and Reuben came to have dinner with me. After a sumptuous meal, we went to Marine Drive and before I knew it, his tongue was in my mouth. I was shocked beyond my wits. I told him to back off and in his typical sly manner he said, ‘You sure you don’t want this?’ ”

A former close friend of Shamir Reuben’s to <b>The Quint </b>

Following the string of allegations, Reuben issued a statement where he apologised and sought forgiveness from those he had ‘inadvertently wronged’.

Reuben’s last Facebook post since February 8.(Screenshot courtesy: Facebook/ Shamir Reuben

Present Status

Kommune reacted by suspending Reuben pending investigation into the allegations.

(Snapshot Courtesy: Facebook/Kommune)

However, since no complaints were made to the police, no legal action has been initiated against Shamir Reuben.

Can There Be Legal Action Against Harassers Outed Only On Social Media?

Just recently, the Mumbai police appealed to a complainant who levelled allegations of harassment against comedian Utsav Chakraborty, to lodge a formal complaint. But is lodging a formal complaint the only way to get the cops to investigate? Legal experts say that while the police can take suo moto cognizance of the incident, an FIR is generally filed in harassment cases only once the victim files a complaint.

“In case of murders and rapes, police takes suo motu cognizance but for harassment and molestation cases, till a written complaint comes, the police also doesn’t know the gravity of the offence. At that point, they usually do an NC (Non-Cognizable report), this is as good as no FIR.”

Advocate Abha Singh&nbsp;

Furthermore, for a case to be successful, a complainant who can go before the court to verify the nature of the crime and the harassment that they underwent, is a must.

“Even if the police officer takes cognizance and files a complaint on behalf of the State, the court will ask the person against whom sexual harassment has been carried out, to tell the court. Otherwise it will be only hearsay evidence. Conviction is impossible if there is no proper complaint by the aggrieved party.”

Advocate Ujjwal Nikam &nbsp;

“In rape cases itself when the conviction rate is 29-30%, then do you think there will be convictions in harassment cases? I doubt it. Because there are no witnesses, they turn hostile, the evidences are not there. For cyber bullying for instance, people don’t save clips or take pictures. That’s the reason why conviction is so low,” adds advocate Abha Singh.

3. Arunabh Kumar

In March 2017, even before the #MeToo campaign took the world by storm, Arunabh Kumar, the founder of TVF, was slapped with sexual harassment charges by a former employee.

“I was in a meeting at Arunabh’s house with three other women. The meeting was taking place in the hall of the apartment. Arunabh left the meeting in the middle and went inside. Since he was gone for quite a while, I went inside the next room to call him. Suddenly, I felt someone from behind grope my breasts, and when I turned around, it was Arunabh.”

The complainant recounted while speaking to <b>The Quint </b>

The initial complaint opened a can of worms, with several other women also accusing the former TVF CEO of harassing women employees. Kumar was booked under sections 354A (causing sexual harassment), 509 (intending to outrage a woman's modesty by indecent words, gesture or acts) of the IPC. Arrested and then released as he had secured bail, Kumar was forced to step down from his post as the CEO of TVF.

Present Status

Mumbai’s MIDC police filed a 275-page chargesheet against Arunabh Kumar in May 2017. The chargesheet listed detailed statements by 15 witnesses, including the woman who who had alleged harassment. The Indian Express reported that the police said that there was proof to suggest that the victim and the accused were in the same place that day and that the cops had a strong case against Kumar.

While hearings in this case are yet to begin, Arunabh Kumar has reportedly returned to TVF. While he isn’t the CEO of the company any longer, Mid-Day reported that Kumar still very much works at TVF.