The Supreme Court of India and its judges who have been high on the dose of judicial activism and feminist ideas find it difficult to accept the outcome of the precedents which they’ve set. Although the CJI Ranjan Gogoi had quashed a petition seeking suo moto action by the court against the person accused in the #MeToo movement, in the other cases, the Supreme Court of India has delivered judgments on the basis of feminist jurisprudence especially in the case of entry of women into Sabarimala.
In this case, even if CJI is virtually protected from any criminal proceedings as before the government seeks to register FIR against the CJI, it will have to seek approval from other judges of Supreme Court which is quite difficult. While the case of the former employee of the court who has alleged Chief Justice Gogoi made sexual advances at her and punished her family for her refusal will be referred to a different bench where the CJI will not be a member, given that the accused has exonerated himself with his statements, it will be interesting to observe whether the other judges issue a verdict challenging their senior.
It’s a different issue whether the complaints against the CJI is substantial or merely a ploy to tarnish his career and reputation, but the common citizen doesn’t enjoy the privilege which CJI or other judges have.
Also, read मुख्य न्यायाधीश और #MeToo के दोहरे मापदंड
For the common citizens, the spectre of me too movement has destroyed their careers, public reputation or what not without any concrete evidence and if FIR is filed, they’ve no such privileges. In the cases related to consensual sex later termed as rape under the pretext of marriage, Supreme Court has delivered verdicts accepting the paradigm that victim is true and she doesn’t share the same individual responsibility of the conduct as the male does.
Instead of practising judicial restraint, not interfering into the works of the legislature and the executive, interpreting the Constitution in a way upholding its spirit, the judges of the apex court have acted as social reformers wanting to organise society on the values of left-liberalism and feminism depending on the context.
It’s good that CJI has come under the scanner this time, though he will likely be immune to any consequences. Once anyone creates a spectre, the spectre will haunt the creator one day in future for sure.