How TERI Obeyed the Law, but Went Against Its Spirit for Pachauri

RK Pachauri is back at TERI, with a promotion, despite being found guilty of sexual harassment in May 2015.

Dr RK Pachauri, Executive Vice-chairman, TERI. (File Photo: PTI)

When it comes to The Energy and Resources Institute (TERI), it seems the organisation dares not become bigger than one employee. A supreme one.

RK Pachauri, the former Director of TERI, found guilty of sexually harassing a 29-year-old researcher by the organisation’s Internal Complaints Committee (ICC) is now the Executive Vice-chairman of the research institute.

So how has Pachauri, who was suspended from his position after the findings of the ICC, manage to make his way back to the top?

After all, some of the most powerful, successful men and women in India are on TERI’s Governing Council. They include Naina Lal Kidwai, one of the most successful bankers in India and Deepak Parekh, Chairman, HDFC.

Why haven’t these illustrious people raised a stink over Pachauri’s return?

Naina Lal Kidwai, Chairman, HSBC India is on the TERI governing council. (Photo: Reuters)

Pachauri’s case seems to be one where the letter of the law has been followed, almost to the point of twisting it, while its spirit has been mutilated beyond recognition.

An Internal Committee, Investigating its Own

On the face of it, the ICC did its job.

The complaint against Pachauri was filed in February 2015, and initially, Pachauri refused to step down. However, the pressure from activists and the public mounted.

Pachauri was forced to resign as chairman of the UN panel on climate change as well as take a leave of absence from TERI. By May 2015, the ICC had found Pachauri guilty and he was replaced by Ajay Mathur.

Four months later, he was back at TERI after obtaining a stay order on the decision. Ranjana Sakia, the head of the ICC left TERI and a new committee was formed.

RK Pachauri spent a mere four months away from work. (Photo: Reuters)

As far as the letter of the law is concerned, Pachauri is likely on stable ground. After all, he is “innocent until proven guilty” – precisely because a person heading an organisation can use his influence and power to his own benefit. The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 recommends that such matters be investigated by an external body.

Every District Officer shall constitute in the district concerned, a committee to be known as the “Local Complaints Committee” to receive complaints of sexual harassment from establishments where the Internal Complaints Committee has not been instituted due to having less than ten workers or if the complaint is against the employer himself. 

<b> Chapter III, Sexual Harassment of Women at Workplace Act, 2013</b>

However, it is not mandatory for a person to resign or even take a leave of absence while being investigated. Shoumona Khanna, a lawyer from Delhi feels that in this case, the matter should indeed have been referred to an external committee.

An in-house inquiry is certainly against the spirit of the act. The investigation should have been conducted by an external committee, given Pachauri’s position of power within the organisation.

<b> Shoumona Khanna, Advocate </b>

A Victim at Her Wits End, An Institution’s Credibility Compromised

The complainant in the sexual harassment case against Pachauri is shocked and hurt by his promotion. An organisation as respectable as TERI, where she worked, has let her down. Her only hope now lies in the slow, cumbersome judicial process.

I spoke up and was quarantined from work. Not allowed to resume work and no earnings for a long time. No money and a tainted Curriculum Vitae gave me sleepless nights. It was getting beyond my dignity to be associated with such an organisation and in the best of my interest, I quit. I felt most lighter in my mind and body on quitting TERI. I deserved better.

Open Letter, Complainant, Sexual Harassment Case against RK Pachauri

Also Read on The Quint: ‘I Deserved Better’: TERI Complainant’s Open Letter

This latest move to reinstate and promote RK Pachauri has invited considerable outrage on social media.

Also Read on The Quint: Pachauri Promoted, TERI Trends as Social Media Is Outraged

TERI has been known as one of the best research organisations in the country. According to Shoumona Khanna, their protection and promotion of a man which their own internal committee found guilty of sexual harassment will only tarnish their image.

The way TERI is conducting itself in this matter will only affect their credibility.

<b> Shoumona Khanna, Advocate </b>