Tarun Tejpal of Tehelka wants to bypass a possible punishment of 24 years of imprisonment or fine or both just by stepping down. Find out how –
The actions are taken so far against Tarun Tejpal by himself (LOL) and the Tehelka management team (ROFL) is only in the line of sexual harassment at workplace framework. However, this case goes beyond workplace harassment and falls into some other sections of IPC.
After the recent amendment to our rape laws (thanks to Tehelka and journalists like Tarun for exaggerating rape, these sections are amended or added in our IPC after the Delhi case) some of these gets directly applicable to Tejpal as well.
Given below are the sections that are directly applicable to Tejpal as per the case reported in media so far –
- IPC 376D – Unlawful Sexual Contact (introduced recently)
Any man who with a sexual purpose, touches, directly or indirectly, with a part of the body or with an object, any part of the body of a woman, without the consent of such woman, shall be punished with simple imprisonment for a term which may extend to three years or with fine or with both.
Provided that, if the man is related to the woman, he shall be punished with imprisonment of either description for a term which may extend to 7 years and with fine.
- IPC 509 – Word, gesture or act with a sexual purpose or with the intention to insult a woman (amended after Delhi incident)
Whoever, with a sexual purpose or with the intention to insult any woman, utters any word, makes any sound or gesture, or exhibits any object or a part of the body intending that such word or sound shall be heard, or that such gesture or object shall be seen, by such woman, or intrudes upon the privacy of such woman, shall be punished with imprisonment of either description for a term which may extend to 3 years and shall also be liable to fine.
- IPC 509 B – Stalking (added)
Any person who stalks a woman with the intention to cause,(a) serious harm or injury to that woman or a third person or (b) apprehension or fear of serious harm or injury to that woman or to a third person shall be punished with imprisonment of either description which may extend to 7 years or with fine or with both.
Explanation 1: For the purpose of this section a person shall be taken to stalk a woman if, on at least 3 occasions, that person –
(a) follows or approaches the woman or
(b) loiters near, watches, approaches or enters a place where the woman resides, works or, visits or
(c) keeps the woman under surveillance or
(d) interferes with the property in possession of the woman or
(e) gives or sends offensive material to the woman or leaves offensive material where it is likely to be found by, given to or brought to the attention of, the woman or
(f) Acts covertly in a manner that could reasonably be expected to arouse apprehension or fear in the woman or
(g) Engages in conduct amounting to intimidation, or an offense under Section 509
Explanation 2. ‘harm’ means physical harm as well as mental harm.
- Section 509C – Other forms of Sexual Harassment (added)
Whoever by means of a telecommunication Device or by any other electronic form including the Internet knowingly makes, creates, or solicits, or initiates the transmission of, any comment, request, suggestion, proposal, image, or other communication which is obscene, lewd, lascivious, filthy, or indecent, with intent to annoy, abuse, threaten, or harass or stalk another person/persons shall be punished with imprisonment of either description which may extend to 7 years or with fine or with both.
So per our existing laws in India today, Tejpal has committed a crime for which he may get the punishment of up to 24 years of imprisonment or fine or both.
How can Tehelka even think of letting him go with only stepping down from his post (not resigning completely) for only six months? This is pure hypocrisy by them. They have once again shown that what they did in 2012 was only show off, actually, they wanted to hide behind the protector mask and projected others as potential culprits (most of whom do not get any free time from their daily survival battle to even think of anything else).
The journalists and media houses like these have ruined the future of millions of Indians by creating unnecessary hype around rape that culminated in the creation of these laws. They have not only made the world believe that Indian men are sex-maniacs and predators but also created a great panic in women’s mind about all men around them. How can they go scot-free like this? :O