People's Democracy

AIDWA Resents Air Force’s Handling Of Anjali Gupta Case

Delegation Meets Air Marshal

A DELEGATION of All India Democratic Women’s Association (AIDWA) met the Air Chief Marshal, S P Tyagi, on May 20, 2005 and raised the issue of the manner in which the Air Force authorities were dealing with the case of Flying Officer Anjali Gupta. They submitted a letter detailing the demands and the position of AIDWA regarding this issue. The signatories to the letter were AIDWA president, Subhashini Ali, vice president Brinda Karat, general secretary, Sudha Sundararaman, and secretary, Kirti Singh.

While expressing grave concern about the manner in which the Air Force authorities are dealing with the case of Flying Officer Anjali Gupta, the AIDWA pointed out that this case is important as it sets a precedent as to how women personnel in the Air Force are to be dealt with. Criticising lack of gender specific guidelines regarding the conditions of women employment in the Air Force, the AIDWA reminded the Air Chief Marshal of the Supreme Court 1997 Visakha judgment which issued very specific guidelines on how complaints of sexual harassment at the work place are to be dealt with.  “Do these guidelines apply to women employees in the Air Force or not? If not are there any specific alternative guidelines?” they questioned in the letter. In fact, one of the persons accused of sexual harassment by Anjali Gupta has actually issued a chargesheet against her on another matter.

Anjali Gupta was put under ‘close arrest” for over a week in February so that the Air Force could collect evidence against her. Again she has been put under “close arrest” since April 12th. The letter states: “It is incomprehensible why this young woman should be kept in solitary confinement on such minor charges. The plea taken by the authorities that it is because she may commit suicide is laughable… Every conversation she has on the telephone is being monitored. Every action of the Air Force in this case is further causing trauma to this young woman.”

Questioning the procedures being adopted in the court, the AIDWA said no justice can be expected  with such a composition of the jury where it is headed by the same person who has made the charges against her in the first place. Moreover all the members of the GCM are junior to him. The AIDWA also expressed shock at the manner in which the Air Force is making daily briefings to the press with all kinds of charges against Anjali Gupta while she had not been given a single opportunity to refute the charges which are defamatory in nature.

Saying that her freedom of movement, speech, expression, her right to defend herself against character assassination and to a legal representative of her choice has been completely curtailed the AIDWA felt that this ‘close arrest’ resulted in her “feeling completely isolated, traumatised, depressed and demoralised.”

The letter further stated “Her ‘close arrest’ and the manner in which the Court Martial proceedings and the inquiry into the sexual harassament are being carried out are inhuman, anti-women and denial of her basic Constitutional and legal rights and are contrary to the direction given by the Supreme Court in the Vishaka judgement. The fact that these rights are being denied to Anjali Gupta during peace time is a matter which requires serious consideration. Thus, the rules of natural justice are also not being followed.”

In conclusion, the AIDWA leaders put forward the following demands and requested the Air Chief Marshal to take immediate action in the matter:

1. Release Anjali Gupta from ‘close arrest’ and allow her freedom of movement and speech etc.

2. Constitute the Commission of inquiry according to the Supreme Court guidelines with impartial members and ensure that its report is submitted within a stipulated time frame. The accused should also be transferred and the GCM should be stayed till the sexual harassment case is decided.

3. All Anjali Gupta to get a counsel of her choice and prepare her defense properly.

4. Modify and amend the Rules of Procedures relating to GCM to make them more sensitive to women and incorporate all the principles of natural justice them. This is especially important because since 1996 the Air Force has started the recruitment of women at various levels unlike earlier years when they found employment only the medical services.

(INN)