Amidst the General Elections of 2024, serious allegations surfaced within the Aam Aadmi Party (AAP) with Swati Maliwal, a Rajya Sabha member and former Chief of the Delhi Commission for Women (DCW) accusing Bibhav Kumar, personal assistant to Delhi Chief Minister Arvind Kejriwal, of sexual assault. In her complaint (source: Mint), Maliwal alleged that she was slapped, hit on the stomach and kicked by the PA when she reached CM Kejriwal's house to meet him. The case has been filed under multiple sections of the Indian Penal Code (IPC), including sections 354 (assault or criminal force to woman with intent to outrage her modesty), 506 (criminal intimidation), 509 (word, gesture or act intended to insult the modesty of a woman), and 323 (voluntarily causing hurt).
Following the incident, Maliwal underwent a medical examination at AIIMS, Delhi. Concurrently, Bibhav Kumar was summoned by the National Commission for Women (NCW) for questioning regarding the allegations.
The assault row led to a political firestorm quickly. Leaders from opposing political parties expressed their concern over the incident. While some demanded the resignation of Delhi CM Arvind Kejriwal, others extended their support to Maliwal during this challenging time.
Recently, leaders from Bharatiya Janata Party (BJP) shared a picture of Bibhav Kumar accompanying Delhi CM Arvind Kejriwal and other leaders from the AAP party at the Lucknow airport. Another leader highlighted how Kejriwal's silence on the entire incident.
मेरे साथ जो हुआ वो बहुत बुरा था। मेरे साथ हुई घटना पर मैंने पुलिस को अपना स्टेटमेंट दिया है। मुझे आशा है कि उचित कार्यवाही होगी। पिछले दिन मेरे लिए बहुत कठिन रहे हैं। जिन लोगों ने प्रार्थना की उनका धन्यवाद करती हूँ। जिन लोगों ने Character Assassination करने की कोशिश की, ये बोला…
— Swati Maliwal (@SwatiJaiHind) May 16, 2024
While amidst the controversy, Maliwal has urged opposition parties to refrain from politicising the incident, emphasising the need to focus on justice rather than political gains. This incident among the other recent occurrences has underscored the dire need for stringent policies against sexual misconduct and violence, particularly within political parties, to ensure a safe and respectful environment for women.
The incident involving Swati Maliwal is yet another example among numerous cases of sexual assault involving members of leading political parties in India. Recent notable cases including Brij Bhushan Sharan Singh, who faced multiple allegations from female wrestlers, and G Devraje Gowda, who was arrested for sexually assaulting a woman under the pretext of helping her with a legal matter highlight how individuals in positions of power have repeatedly been victimising girls and women.
These repeated occurrences underscore that women are not safe even within their political entities. The rising number of assault cases coming from political parties speaks volumes of the urgent need for a strong framework that ensures accountability and protects the rights and dignity of all members, especially women.
Although we are yet to hear Bhibhav Kumar's account and receive any statements from CM Arvind Kejriwal and other party members to understand who is at guilt here, establishment of a set of policies by political parties would help ensure the safety and dignity of all members.
Justice Vs Impunity
We spoke to Siddharth Chandrashekhar, Advocate and Legal Counsel at the Bombay High Court, to understand his perspective on the legal aspects of such occurrences.
Chandrashekhar emphasised that the legal framework in India has provisions to address and combat sexual harassment and assault, but the challenge lies in their implementation and enforcement. He said, "These incidents as well as the several other unreported incidents underscores the urgent need for stringent implementation of existing laws and the establishment of robust mechanisms within political parties to prevent and address sexual misconduct. Ensuring justice for victims requires not only legal recourse but also a cultural shift within political institutions to foster environments of respect and safety for women."
He added, “The gravity of the allegations necessitates a thorough and unbiased investigation to ensure justice is not just done, but also seen to be done. Accusations especially concerning public figures (such as Swati Maliwal) highlight potential systemic issues within political parties regarding the treatment of women. Ensuring a fair investigation can set a precedent for zero tolerance against sexual misconduct and reinforce the legal protections afforded to women.”
He also touched upon the fairness in trials, in regards to Swati Maliwal's case and said, "Bibhav Kumar, as the accused, is entitled to the presumption of innocence until proven guilty. This principle is fundamental to the Indian legal system and ensures that an individual is not unjustly punished based on unproven allegations. It is crucial that due process is followed, and the evidence is thoroughly examined before any conclusions are drawn. Kumar has the right to defend himself against the allegations. This includes presenting evidence, cross-examining witnesses, and having a legal defense to contest the charges. A fair trial is essential to uphold the integrity of the justice system and ensure that all parties receive equitable treatment under the law."
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Checklist For Women's Safety Within Political Parties
Despite being accused of serious crimes, many sexual perpetrators continue to be part of political parties, receiving clean chits and facing minimal or no consequences at all. Political parties need to send a clear message by holding these individuals publicly accountable.
Zero Tolerance Policy
A policy against sexual harassment and assault must be enforced within the party structure and made publicly available. This policy should outline clear consequences for the perpetrators and support system for the victims.
Establishment of Independent Committees (IC)
In each political party, ICs should be established and made responsible for handling all complaints of sexual misconduct by any of the members. The members of this committee should ensure swift, impartial, and fair action. Those found guilty should be expelled from the party.
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Victim Support
Victims of sexual misconduct should get full support from members of their party and have access to legal aid and counselling services. This will help them feel safer and more respected, reinforcing the idea that those in positions of power will be held accountable for their actions and justice will be served.
Having a framework in place isn't just about ticking the legal boxes but a moral must-do. Don’t you think?
For the full timeline of the Swati Maliwal assault case, click here.
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