Shillong, Jul 1: The Meghalaya Cricket Association (MCA) may not have known its duties under the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act 2013 (known as the POSH Act) but that does not absolve the association and its office bearers from the respsonibilities under the law.
This was stated by Joy Grace Syiem, Legal Counsel of the Meghalaya State Commission for Women (MSCW) at a press conference in its office today where a comprehensive briefing was held on the sexual harassment scandal in the MCA.
Although much has already been written about this case in the media, reports have been drawn from orders passed by the MSCW as well as statements provided by MCA president James PK Sangma and the other members on the Apex Council – these two camps are locked in a tussle for power over the association.
Five players and a member of the support staff of the MCA’s U-23 women’s team approached the MSCW in May over sexual harassment allegations against coach Hemant Roy and manager Sanjay Mandal. The MSCW subsequently found that these allegations were true and recommended the MCA take action against the two.
There were four other respondents in the complaint – former MCA president Naba Bhattacharjee, former treasurer Dhrubajyoti Thakuria, current secretary Rayonald Kharkamni and former operations manager Shiningstar Lyngdoh. They were accused of not acting sufficiently when the complainants submitted an email in December detailing the sexual harassment they had faced.
Addressing reporters today, Joy Syiem and MSCW Chairperson Iamon Syiem said that all six respondents had been given the opportunity to explain their actions or lack thereof.
Joy Syiem said that Lyngdoh testified that he verbally informed the secretary and treasurer of the emailed complaint, though the treasurer did not recall receiving such intimation. Bhattacharjee, meanwhile, was not informed by Lyngdoh nor did he open the MCA email himself.
The commission also criticised the MCA for not having an internal complaints committee (ICC) in place, as is required under the POSH Act. The office bearers had told the MSCW that they were not aware that the MCA required one. This, Joy Syiem said, was unsatisfactory and, in keeping with established legal principle, ignorance of the law is no excuse.
While Bhattacharjee and Thakuria stepped down from their roles in the MCA after the election, Kharkamni was reelected as secretary and Lyngdoh continued in his role (a paid position in contrast to the others who are/were office bearers) until the end of March when his contract ended. In all this time the new MCA president, Sangma, was not informed of the sexual harassment complaint.
The four, the MSCW felt, demonstrated a “lack of moral responsibility”, though it appreciated Lyngdoh for at least informing two of the office bearers.
The reason Kharkamni gave for the delay in taking action on the complaint was the MCA election, which was scheduled for a few days after the emailed complaint was received. That election faced a legal challenge that complicated matters but Iamon Syiem said that this was “not an excuse” and that the lack of action continued even after the new body took over.
“If it were a delay of one or two days, it might be understandable. But we are concerned that nothing happened for five months. That is too long a gap. More violations could have happened, more harm could have been committed. It put the girls in danger and they were in fear,” she said.
Reporters questioned the MSCW today whether Sangma also held moral responsibility for not doing anything about the complaint from when he took charge in January until May when the Women’s Commission took up the case.
Joy Syiem said that the original complaint did not list Sangma as a respondent but the MSCW did summon him to provide a statement. “We have now passed an order and the onus is on him to act within 30 days,” she added.
In its first order on June 5, the MSCW recommended suspension for three months for Roy and the sacking of Mandal. Last week Sangma sacked them both and banned them for life from working with the MCA.
The commission last week also recommended disciplinary action against Bhattacharjee, Thakuria, Kharkamni and Lyngdoh. Sangma here suspended Kharkamni while assuring that the MCA Ombudsman would decide whether further action was required. He pleaded that no action could be taken against the other three as they are no longer connected with the MCA.
The MSCW also directed the MCA to form a compliant ICC, adopt a written anti-sexual harassment policy, conduct mandatory POSH awareness programmes, establish a monitored complaint mechanism and protect complainants from retaliation. The Women’s Commission also noted other lacunae during an inspection of the MCA Ground on May 22, such as a lack of lockers, changing rooms and proper nutritionist. “These are small things but they cause anxiety,” Iamon Syiem said.
The MSCW completed its inquiry and passed orders in this case relatively quickly and Iamon Syiem added that the complainants have expressed relief and satisfaction with the action taken in the case. However, the commission has also been caught up in a furious fight between Sangma and the Kharkamni faction of the MCA for control of the association. Joy Syiem rejected the suggestion that the commission has been acting due to pressure from Sangma, saying that the core of the issue is that these six complainants had faced sexual harassment and it was the MSCW’s duty to act.
