‘Insensitive, victim-blaming’: Bombay High Court on Tarun Tejpal rape case

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In 2021, a sessions court in Goa acquitted Tejpal, saying the complainant “did not demonstrate any kind of normative behaviour” a victim of sexual assault “might plausibly show”. (Express File Photo)The Goa bench of the Bombay High Court made several strong remarks Thursday as it handed Tehelka founder Tarun Tejpal a 10-year prison sentence in a 2013 rape case.Criticising a lower court’s handling of the case, including allowing Tejpal’s legal team to question the rape survivor in an insensitive manner, the court called out the ‘widespread culture of victim-blaming’ and stressed that Tejpal’s actions had caused ‘significant and enduring harm’.“Sexual harassment at work punishes women for factors outside their control. Additionally, a widespread culture of victim-blaming and institutional resistance isolates survivors, prompting them to switch jobs or accept demotions,” the court said.Also Read | Tarun Tejpal found guilty of rape: A timeline of acquittal and conviction“An insensitive and unresponsive work environment often instills fear in women about venturing out of their homes to pursue meaningful opportunities, thereby preventing them from fully utilising their talents and skills. The victim in the present matter also suffered similar consequences. She was compelled to resign. She also suffered profound embarrassment.”What the Goa court had saidIn 2021, a sessions court in Goa acquitted Tejpal, saying the complainant “did not demonstrate any kind of normative behaviour” a victim of sexual assault “might plausibly show”.The sessions court had said the woman’s messages to the accused established she was “neither traumatised nor terrified” and that this “completely belies” the prosecution’s case.In today’s hearing, the State of Goa argued that the manner in which the trial court dealt with the case was “perturbing”. The lower court, it said, had virtually laid down guidelines on how the victim “should” respond in such circumstances, calling it a “classic case of perverse findings”.Story continues below this ad‘My first offence’Earlier today the High Court convicted Tejpal, 62, of rape, sexual harassment and the use of criminal force against a woman. The court then reconvened to rule on the sentence.At the reconvened hearing, Senior Advocate Aabad Ponda, appearing for Tejpal, pleaded for a light sentence, the minimum possible. He based his plea on the lack of criminal cases against the former Tehelka editor and that this – the rape conviction – is his first offence.Ponda also submitted Tarun Tejpal had not breached any bail condition since his release by the Supreme Court in July 2014, and also asked for eight weeks (instead of two) to surrender.‘No means no’Solicitor General Tushar Mehta, appearing for the State of Goa, urged the court to consider that Tarun Tejpal was a ‘parent figure’ to the woman, and that he knew her father.Story continues below this adHe further urged the court to consider the fact Tejpal raped her again the next day.This showed a lack of remorse, he argued, stressing that ‘no’ means ‘no.Tarun Tejpal rape caseA woman journalist had accused Tejpal of sexually assaulting her in a hotel elevator on November 7 and November 8, 2013.Goa Police first registered a FIR on November 23, 2013. Tejpal was then arrested by the Crime Branch of Goa Police on November 30, after his anticipatory bail plea was rejected.Story continues below this adHe was granted bail by the Supreme Court in July 2014.