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Tarun Tejpal case judgment needs to be overturned. Else, it will remain as a bad precedent that impedes the workplace safety of women. Critically analyse.

Topic: Role of women and women’s organization, population and associated issues, poverty and developmental issues, urbanization, their problems and their remedies.

1. Tarun Tejpal case judgment needs to be overturned. Else, it will remain as a bad precedent that impedes the workplace safety of women. Critically analyse. (250 words)

Reference:  The Hindu

Why the question:

Earlier this week, a Goa Sessions Court acquitted former Tehelka Editor-in-Chief Tarun Tejpal of all charges relating to his alleged rape of his junior colleague (the prosecutrix) in 2013. Thus the question.

Key Demand of the question:

One is expected to analyse the case from the perspective of safety of women at workplace.

Directive:

Critically analyze – When asked to analyse, you have to examine methodically the structure or nature of the topic by separating it into component parts and present them as a whole in a summary. When ‘critically’ is suffixed or prefixed to a directive, one needs to look at the good and bad of the topic and give a fair judgment.

Structure of the answer:

Introduction:

Start with brief background of the case.

Body:

Explain that the judgment adopts deeply flawed lines of reasoning that exemplify the system’s failures to protect sexual assault survivors, particularly when faced with power imbalances.

Discuss then the reasons for criticizing the Tarun Tejpal case judgment; the judgment is criticized for its unprecedented interpretation in support of the accused. Violation of privacy – Section 53A in the Indian Evidence Act rules out reference to past sexual history. However, the survivor was subjected to answer even intimate details of her life and her friendships. The judgment criminalizes the right of a survivor to approach activists and lawyers for their help.

Conclusion:

Suggest what needs to be done, emphasize on need to overturn the judgment while reiterating importance of workplace safety of women.