Click to play videoThe National Commission for Women (NCW) has ruled out a case of sexual harassment as was alleged by Air India air hostess Komal Singh on board Air India plane on October 3.
The NCW report, which was submitted to Civil Aviation Minster Praful Patel and Women and Child Development Minister Krishna Tirath on Monday, admits that there was indeed an altercation between the pilot and co-pilot with the flight purser and an air hostess. But the committee established that there was no sexual harassment in the incident.
The airhostess Komal Singh had levelled sexual harassment charges against the co-pilot a few days after the October 3 incident.
The question that was being asked on CNN-IBN's Talking Point was: What constitutes sexual harassment in the skies? To try and answer the question on the panel of experts was Komal Singh's Lawyer Sanjay Ghose; Executive Director, Air India Jitendra Bhargava; Komal Singh’s sister Poonam Singh.
CNN-IBN: The National Commission for Women has clearly said that there was no case of sexual harassment, that’s what the Air Indian Inquiry Committee also said. Where does your case stand on the critical issue of sexual harassment in the plane?
Sanjay Ghose: The extracts of the reports that I have seen don’t clearly say that there was no sexual harassment. The Air India finding is that the entire issue is pre-rehearsed and stage managed and that is not the finding of the NCW. So there are a lot of discrepancies. The NCW has also come to a finding that there was assault, she was injured, she was pushed out of the cockpit. They have also come to the findings that the chargesheet issued to Komal was incorrect. I want to know how Air India will respond to the NCW findings.
CNN-IBN: It’s not a clear victory for Air India’s case so far? In fact, there is a case of assault according NCW findings? How do you respond to this?
Jitendra Bhargava: It’s not a question of victory. We are not going ga-ga over the verdict of NCW. The reality is that there was an incident that took place, we acted as per the Supreme Court guidelines, a committee comprising of five women officers looked at the whole case along with an NGO, found that the charge of sexual harassment wasn’t in place. Yes, there was a case of the captain pushing the air hostess out. Does it come in the category of sexual harassment? The fact is that the air hostess and the flight pursuer was in the cockpit, when the captain’s request of asking them to leave the cockpit did not work, they reached a situation where they had to physically push them away.
CNN-IBN: Are you saying that it is not a case of sexual harassment, it’s a case of violation of conduct rules in the air. That’s where your argument stands, it that right?
Jitendra Bhargava: Absolutely.
CNN-IBN: Is Air India confusing issues? Do you believe that the central case is still sexual harassment Sanjay?
Sanjay Ghose: Sexual harassment has been defined by the Supreme Court in the broadest possible terms. Sexual harassment is as is perceived by the victim of sexual harassment. Even by the NCW reports, Komal was subject to witnessing gross abuse by the two pilots. Isn’t Komal’s statement that she was physically touched on her chest and pushed out with great force from the cockpit – not sexual harassment, then what is sexual harassment?
CNN-IBN: Air India is accepting that there was abuse and assault but no molestation, what is the definition?
Jitendra Bhargava: We have followed the script as defined by the Supreme Court with external representation, given full opportunity, then come to a conclusion.
CNN-IBN: It takes a lot of courage to make a complaint like that in public, Do you concede that?
Jitendra Bhargava: Why is it that the Supreme Court has said that the committee on sexual harassment must comprise of only women? There is merit in the suggestion. The reason is to embolden the women to come to the committee and make a complaint.
CNN-IBN: After the NCW ruling, what happens to the pilots, do you reinstate them? And what happens to Komal’s case?
Jitendra Bhargava: The reality is that there are two dimensions to the whole issue. One was the case of sexual harassment and the other is of misconduct. While the sexual harassment issue has been settled both the internal committee and NCW, but the indiscipline on board the flight is very much a case. And that is why chargesheet has been issue to all the four involved.
CNN-IBN: Do you believe that the battle is not over as yet?
Sanjay Ghose: Of course, the battle is not over yet. This is just the beginning. The whole nation and the male and female employees of Air India are watching as to how sensitively Air India is going to deal with this issue. Komal has inspired many people who have actually faced sexual harassment and have not had the courage to talk about it. Unfortunately, Air India has not cooperated with Komal.
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