MJ Akbar Resigns – But Now What? #MeToo Needs Legal Follow-Up

Social media has lent #MeToo in India gravitas, but to ensure predators are brought to book, due process is needed.

Image used for representational purposes.

(Photo: Kamran Akhter / The Quint)

The MJ Akbar case is a textbook study of how things could pan out, when folks are accused of crimes, including one like that of ‘sexual harassment’. The media reported that MJ Akbar has – 97 lawyers, (who are part of the law firm representing him), against a one woman, namely, Priya Ramani, who was the first to call out his ‘predatory’ behaviour.

Being a lawyer myself, I can say that it’s a common practice followed by most firms, to list their litigating lawyers in a vakalatnama, so as to avoid a back-and-forth with a client, as the case may go through many forums, and different lawyers may be needed for pleadings, motions, scheduling conference, trial, order and appeal et al.

Assuming that Predators Would Take a Moral Stand is Naive

However, for long-term impact, the media needs to change the way it engages with the public. For any coherent conclusion to come out from the force that #MeTooIndia has become, it’s important for women to take a fair stand, regardless of the urgency to pronounce someone guilty. Equality before the law and due process is vital for the #MeToo⁠⁠campaign to not fizzle out or lose steam. Also, it is only obvious and hardly shocking, that political parties, media houses in search for TRPs, and a few looking to settle scores, at whatever cost, would misuse this campaign.

Of course, one can always hope that basic humanity still exists somewhere among those accused and they will take a moral stand, but to believe that this is how things will play out, is naive.

The onus lies on women and men, who understand the issue and are looking to help, that there might not be anything better than a #MeToo or #TimesUp movement to clean up the cesspool of patriarchy muddled with sexual harassment that had seeped into nearly all major spheres of life. Be it the media that is considered the fourth estate of democracy, films where women are labeled ‘stars’ and ‘goddesses’ or politics where the women are considered to be ‘leaders’, there is nearly no space left where women haven’t been hurt.

Subjective Memories – And Need for Due Process

Sexual abuse is never just about lust, it is also about power dynamics. Sexual harassment of women has become such a rampant malaise as it is a culmination of women being objectified, oppressed by the patriarchy at home and work, and impunity offered to men, with the perpetrators knowing they can ‘get away with it’.

In light of how things stand, the #MeToo campaign is the most important movement that could set the world order right as it’s not limited to any specific geographical space.

It has addressed sexual harassment by naming and shaming predators, be it in the United States, or in a plenary session of the European Parliament, and it has finally reached India where it has taken off the blinders in more ways than one. But for this campaign to continue thriving, it is imperative that the survivors understand what they are up against.

Sheer numbers or sheer anger may not be enough to plow through, and in fact, they could at some point also be pushed back to the same dark recess where they found themselves all alone and wronged.

If someone is being called out on a social media post it’s only natural that there is going to be a fight back, a denial and in some cases, the person being called out could also sue for defamation. It’s very difficult for people, both men and women, to introspect why they did what they allegedly did back then, as memory can be quite subjective, and two people could have a completely different memory, and understanding of the same incident.

A Step Towards a Better World for Women

Women should be ready to back-up their claims because most issues will end up in court if there is a denial by the perpetrator, and ‘hearsay’, ‘I say’ or ‘We all say’ may not stand to the tests of judicial or quasi-judicial systems. To put it in other words, for the #MeToo campaign to be truly successful, people need to be okay with being held accountable.

A sustained campaign would require women to roll up their sleeves and dig in, and it shouldn’t fly only on emotions, empathy or acknowledgment that the problem exists.

To my mind, ‘resignations’, ‘self introspection’ or an ‘apology’ shouldn’t cut it just yet. If allegations and claims don’t go through due process and aren’t truly backed, it could set it all up for yet another disappointing display of human failure.

Once we take all necessary steps, life in general may become easier for women –imagine being able to travel in a metro or a crowded bus without constantly looking over your shoulder – sometimes that is all that is needed to make the world a better place.

(Amrita Bhinder is State Spokesperson, BJYM, Chandigarh. This is an opinion piece and the views expressed above are the author’s own. The Quint neither endorses nor is responsible for them.)