Article written by: Hari Paranthaman, Former Judge, Chennai
Translated by Hello Asia News Team
For source article, please click:https://aramonline.in/18672/governor-sexual-harassment/
Image: Ananda Bose, the Governor of West Bengal
The Governor of West Bengal is allegedly sexually harassing a female telephone operator at the Governor’s mansion. He claims, “The constitution protects the governor. The police cannot investigate this case.” Mamata Banerjee is eager to punish the governor. Hari Paranthaman reports.
There is a competition among governors in opposition-ruled states to see who can cause the most trouble for the state government. But the West Bengal governor’s case is different.
Ananda Bose, the Governor of West Bengal, was accused of sexual assault by a female employee at the Governor’s mansion on May 2, 2024. She claimed that despite her numerous protests, the governor continued to harass her. Another woman also reported similar abuse.
Based on her complaint, a criminal case was filed by the Kolkata police, and an eight-member special investigation team was formed to investigate.
Kolkata’s Deputy Commissioner of Police, Indira Mukherjee, held a press conference regarding these allegations on Ananda Bose. She detailed the accusations and the police’s actions.
Following this, Governor Bose wrote to Chief Minister Mamata Banerjee, stating that Article 361(2) of the constitution provides governors with full immunity from such criminal cases. He accused police officers Indira Mukherjee and the Kolkata Police Commissioner of acting against the constitution and urged the Chief Minister to take appropriate action.
Chief Minister Mamata Banerjee publicly accused the governor, stating that women now fear entering the Governor’s mansion. She demanded the governor’s resignation, calling his actions disgraceful and detrimental to the sanctity of the Governor’s mansion.
In response, Governor Bose filed a defamation case against Mamata Banerjee in the Kolkata High Court on June 28 and obtained a restraining order preventing her from discussing the allegations publicly. Mamata Banerjee has appealed this restraining order to a higher court.
Recently elected assembly members should not take their oaths at the Governor’s mansion due to fear among women, Banerjee suggested. Instead, she proposed that the governor come to the legislative assembly for the oath-taking or delegate the authority to the Speaker. This sparked a significant debate in the West Bengal legislative assembly.
The female employee who filed the criminal case against the governor has challenged the constitutional immunity granted to governors in the Supreme Court, which has agreed to hear the case. Her petition raises crucial questions about the protection of victims like herself.
Adding to the controversy, Banwarilal Purohit, a former governor of Tamil Nadu, was recently involved in a sexual harassment case with Nirmala Devi, a professor who received punishment for her involvement. Nirmala Devi was sentenced to three years in prison for attempting to lure female students into prostitution and allegedly involving the governor, a case that created significant uproar and highlighted the issue of immunity for governors.
The civil society is troubled by the notion that governors can commit crimes with impunity. Is constitutional immunity a license for governors to commit offenses? Many BJP governors have faced sexual allegations but avoided punishment. The Supreme Court’s observation that West Bengal can investigate the governor’s charges is noteworthy.
A recent incident in the United States comes to mind. New York Governor Andrew Cuomo faced multiple sexual harassment allegations in 2020. The New York Attorney General’s office conducted a five-month investigation, confirming the allegations. Cuomo subsequently resigned. Such accountability should be possible here too. The President or Prime Minister should urge the governor to resign.
West Bengal has also filed a case in the Supreme Court against the governor for withholding approval of state legislation. Governors’ actions are often seen as politically motivated, especially in opposition-ruled states, following Narendra Modi’s rise to power in 2014.
The Supreme Court has agreed to review whether governors can withhold approval of state legislation, particularly laws within the state’s jurisdiction. Resolving this promptly would strengthen federalism and constitutional law. Let’s hope the Supreme Court acts swiftly.