Media coverage of Tejpal sex assault justified, outrage genuine: N Ram

New Delhi: N Ram, one of India's top editors and the chairman of 'The Hindu' group argues that the media coverage of Tehelka sexual assault case is highly justified. He says when those who take the moral high ground fall, the fall is steeper and the impact harder. N Ram has answered CNN-IBN viewers and Ibnlive.com readers questions on the Tehelka sexual assault case.

Here is the transcript:

Question: It is mandatory for all organisations where women are working to have an internal committee to probe sexual harassment cases. Will the members of the committee probe sexual harassment cases without fear or favour given the fact that the organisation may be over concerned about its image and reputation rather than protecting the rights of working women? - Asked by Srinivasan Sundaram, Madras University

N Ram: The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, that is, Act 14 of 2013, which has been gazetted, is a significant step towards ending the deeply entrenched menace of sexual harassment at workplaces. Under Section 4 of the Act, every employer of a workplace shall constitute an Internal Committee comprising a "presiding officer" who is a senior woman employee, at least two other members from among employees sensitive to the relevant issues, and one external member from an NGO who is committed to the cause of women or is familiar with issues relating to sexual harassment. This prescribed composition is a good provision that empowers the internal committee to carry out its responsibilities without fear or favour. Unfortunately however, as Brinda Karat has pointed out in an article published recently in The Hindu http://www.thehindu.com/opinion/lead/issues-of-sexual-assault-the-tehelka-case/article5386951.ece), "the Act is in limbo as the Central government has failed to draft the Rules". Regardless of this, there should be social and professional pressure on media and other organisations to comply with the central provisions of the 2013 Act.

Question: Do you think that Tehelka outburst has over blown compared to Nirbaya murder and subsequent fall out and outrage in Delhi. Or is it because Tehelka has been hitting below the belt of many powerful and influential in Delhi. - Asked by Somnath Mukherjee, Jadavpur University

N Ram: No, the Tehelka scandal - which revolves round the alleged sexual assault and alleged rape by Tehelka's Editor-in-Chief, Tarun Tejpal and the disgraceful handling of the matter by Tehelka's editorial management, in particular by Managing Editor Shoma Chaudhury - has not been overblown by the media or by other players. On the whole, it has been well covered by the news media and the social outrage this has triggered is genuine.

Question: Whether this is one of the many examples of the hypocrisy of the Indian media. Since this is not the only report of a sex scandal in a media house. Why the previous cases were not treated the same way? - Asked by Nagarjun Dwarakanath, Bangalore

N Ram: As I have said in answer to another question, on the whole the Tehelka scandal has been well covered by the Indian news media. There is no hypocrisy and no resort to 'double standards'; on the contrary, the focus on the scandal and the wider issues that arise from it has been sharp and powerful. The essential reason for the enhanced and more intense media coverage of the Tehelka scandal is that this is all about alleged sexual assault and alleged rape - and not the lesser degree offences that fall under the legal definition of sexual harassment. No comparable case come to light before this, where the evidence was so detailed and reliable, where the victim was so brave, so precise, and so open about what happened while insisting on protecting her identity.

Question: What makes Tehelka a test case? The latest investigation by the media shows that Tehelka was into many more things other than journalism. Is not it shocking? - S Divige Patel, Shimoga in Karnataka

N Ram: The Tehelka scandal is the worst that has hit a news media organisation in recent decades. Now there will be closer scrutiny of the ownership of Tehelka, its business and political connections, its dubious and unsavoury ventures that were developed alongside its legitimate journalistic activities.

Question: Was it mandatory for the centre and state Governments to ensure the following of Vishaka Guidelines? Why were not the so called Labour departments of the state and central Government not making a check on this, whilst in their inspections they used to threaten offices with fine and punishments for such obscure things, like not displaying a particular act relating to labour rights? Sundar Raman B

N Ram: The Vishaka Guidelines were guidelines laid down by the Supreme Court of India in 1997 for dealing with various forms of sexual harassment of women at the workplace. The guidelines did a real service by defining sexual harassment; identifying the duty of employers in dealing with sexual harassment complaints; and requiring the formation of internal committees headed by a senior woman employee and having a majority of women members to look into and disposal of complaints. Unfortunately, the Vishaka Guidelines, which were prescribed by the highest court in the land pending legislation, lacked teeth, lacked an enforcement mechanism. It has taken 16 years for Parliament to enact a law and, as I have mentioned, that law is "in limbo" since the Central government has failed to frame the Rules.

Question: The man, who created Tehelka, is today framed by the same word TEHELKA OF Shame. Tejpal benefited the party which is favouring today. Should the media person who exposes all should be punished by the media? - Hasmukh Chopra, Gujarat Law Society

N Ram: Yes the news media have done a good job in exposing Tarun Tejpal, his despicable acts, and the disgraceful way in which the Tehelka editorial management dealt with the grave issues.

Question: Do you agree that this incident has been blown beyond needed levels since the magazine and the accused are Delhi based and both have been an irritant to a few powerful people? - Asked by Sundar R B

N Ram: No, the Tehelka scandal, the sexual offences allegedly committed by Tarun Tejpal, have not been blown up out of proportion. This intense coverage by the news media makes it clear that nobody can hide after committing such offences.

Question: Why subject harassment as only sexual. Even at corporate houses, who heavily advertise has harassment cases due to top management integrity issues but no actions taken place. Media should also report such things. - Vaibhav Shah

N Ram: Yes, the media should cover sexual harassment wherever it occurs. Complainants, victims, should be encouraged to go the media. Protecting the identity of those who are subjected to sexual assault is vital.

Question: Mr. Ram, do you think that NBA and Editors Guild must ask all media houses to set up an anti sexual harassment cell based on Vishaka judgement? There should also be a regular inspection. Agree? - Amey Tirodkar, Mumbai

N Ram: The News Broadcasters Association (NBA) and the Editors Guild of India can help raise awareness but they cannot undertake enforcement, which would include inspection and so forth. What needs to be done can be prescribed and enforced only by law and the 2013 Act needs to be put to work immediately by framing the necessary Rules to make it operational.

Question: Will the Indian media wont shy from reporting against powerful individuals after this case? Is this the start we were looking for? - Asked by Nagarjun Dwarakanath, Bangalore

N Ram: We should see to it that nobody, however high or powerful, who commits offences of the kind alleged in the Tehelka case gets away with it. The news media have a crucial role to play in reporting, analysing, and commenting on such cases. They can also play an agenda-building role.

Question: Do you think the media is being too harsh on Shoma Chaudhary just because she belongs to a competitive media house? - Asked by Arti Bhalla, Bangalore

N Ram: No, the news media have not been too harsh on the role played by Tehelka Managing Editor Shoma Choudhury. Attempting to find an internal solution to the victim's complaint about alleged sexual assault and alleged rape by her Editor-in-Chief, she was equivocal about 'two versions' of what had happened, suppressed evidence, and unsuccessfully attempted a cover-up. Her role was exposed after the victim's brave and professionally precise letter of complaint was leaked by someone from within Tehelka.

Question: Samajwadi Party leader Naresh Agarwal has said, "many organisations are now scared of hiring women employees." The manner in which this case has been presented to the public, do you think that this case is sending out the right message? - Asked by Kriti Omprakash, Bangalore

N Ram: It was a stupid and shockingly insensitive comment to make. It has been ridiculed by the media and we don't know if this kind of thinking is representative of any political party or trend in politics. The only message it sends out is how wrong-headed and reactionary this politician is.

Question: Due to this case, not only is Tarun Tejpal under fire, but also Tehelka, the organisation, itself. Do you believe that there is a need to separate the magazine, as an entity in itself, from the person in the dock? - Kriti Omprakash, Bangalore

N Ram: Yes, it would be unfair and unjust in principle to push the magazine into the deep hole Tarun Tejpal has dug for himself. But it is extremely difficult to keep Tehelka and Tejpal separate in practical terms because he built a personality cult around himself and made Tehelka synonymous with himself.

Question: Exactly! Knowing that the assault happened at a place of work it is inevitable that the organisation be involved. But does this mean that the reputation of the Editor is so deeply tied with that of the magazine that if one sinks the other does as well? - Asked by Aishwarya Kirit

N Ram: When somebody unworthy takes the moral high ground on the basis of faked values and false claims, the fall is bound to be steeper and the impact harder.

Question: The media has always portrayed itself to be morally upright, principled and ethical, claiming to demand justice in so many instances when it was delayed or denied, with the "pressure of media". With a case like Tarun Tejpal, in an organisation that stood for exactly that, where does that place the media? - Asked by Alekha Acharya

N Ram: The despicable actions of Tarun Tejpal do not discredit the media as an institution, as a major sector of society. They offer a salutary moral lesson for the media, which by exposing such elements assert their independence and integrity and enhance their reputation for truth telling.

Question: Tehelka's reputation was built on the kind of journalism that was edgy, and anti-establishment. Will we see the demise of this brand of journalism as well? - Kriti

N Ram: The place of Tehelka in the practice of investigative journalism in India has been wildly exaggerated. It is true that it will be extraordinarily difficult for Tehelka as a multi-media organization to rise from the ashes of Tejpal's reputation. But it is not impossible. More important, the demise of Tehelka does not at all mean the demise of 'edgy' and 'anti-establishment' investigative journalism in India. There are some excellent investigative journalists in mainstream media organizations and they will go on.

Question: So now it's out in the open that media organisations that preach the highest ideals may not after all stand for all they preach. How should the media tide over this crisis? How will 'The Hindu' take steps to ensure media houses are safe places to work? - Rahul Dayama

N Ram: As I said in answer to another question, when those who take the moral high ground fall, the fall is steeper and the impact harder. On your question about The Hindu, let me assure you that it will continue to cover the issues of sexual harassment and sexual assault accurately and sensitively - raising public awareness, protecting the identities of victims, and helping build a progressive national agenda on these issues. Internally, the company that owns and publishes The Hindu and our other Group publications has put in place a comprehensive Gender Policy in compliance with the law, even though that law is in limbo.