Bangalore ’Kiss in lift’ case gets murky - new angle emerges

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Bangalore, August 8, 2014: HSR Layout police have booked the CEO of a company for allegedly misbehaving with a 27-year-old woman employee.   Senior police officers said a case of sexual harassment was slapped against Janardhan Gupta, 40. Investigation has begun, but no arrest has yet been made in the case.

According to a complaint lodged by the employee, Gupta tried to kiss her and touch her inappropriately in the elevator of a restaurant in HSR Layout on July 30. They had gone to the restaurant together and he allegedly misbehaved with her while returning.   The woman also filed a complaint about the incident with the HR department of her office. She said he had made passes at her earlier as well. However, when there was no action from the HR department, she approached police.

DCP (Southeast) Rohini Katoch Sepat said two cases were booked against Gupta under IPC Section 354(a) (sexual harassment) and Section 202 (concealing evidence). "An inspector will investigate the matter, and further action will be taken," she said.

Section 354(a) penalizes a person for unwelcome behaviour of sexual nature, whether verbal or physical. Having come into force in April 2013 in the wake of the Nirbhaya gang rape case in New Delhi, this provision criminalizes the four specified acts of sexual harassment: Physical contact and advances involving unwelcome and explicit sexual overtures, a demand or request for sexual favours, showing pornography against the will of a woman, and making sexually coloured remarks.

Part 2: ’He didn’t forcibly kiss me, he asked me for a kiss’ this is the clarification made by the victim in a recent incident involving her and the CEO of her company in a lift.

The incident has triggered off a police inquiry into the methods followed by the company, KLAP Edutainment Private Limited, in dealing with sexual harassment complaints. The result is that the HR person of the company, as well as both partners - including the offending CEO Janardhan Gupta - are in the dock for not having a committee as mandated by the Supreme Court’s Vishaka guidelines to look into cases of sexual harassment.

A senior officer investigating the case said the company, with a staff strength of 50, might face closure. "We are contemplating arrest of the other co-owner of the company as well as Janardhan Gupta. The company itself may have to shutdown," the officer said. If convicted, the other co-owner might face a punishment of imprisonment up to three years and a fine of Rs 50,000.

The victim claimed she approached the company’s HR team to report the alleged sexual harassment by the CEO, Gupta. "She wanted to report the matter to the committee immediately so they could initiate action against Gupta, but to her shock, she found that no such committee existed. Undeterred, the victim dashed off an email to the human resources personnel about the incident, but was disheartened to learn that nothing could be done about it since Gupta was the CEO and part-owner of the company," the officer said.

The HR personnel went so far as to try and downplay the incident and even told the victim that she would be reporting to another person from the next day. "If needed, we can also book the HR staffer for trying to make light of the situation. It was the HR staffer’s duty to inform the matter to the local police after the incident came to light, but the employee failed to act. It is understood that the HR might have acted on the behest of the company’s other boss," the officer said.

The victim is said to be harried by false media reports saying the CEO forcefully kissed her inside the lift, when in reality, all he did was ask. "The victim has been employed with KLAP since April this year. She was working directly under the supervision of Gupta. On July 30, after she was called for lunch, she accompanied him out of courtesy. After the meal, the two exited the hotel through the elevator; but once inside, Gupta reportedly asked the victim if he could kiss her. When she asked him what he really meant, Gupta mimicked a crude kissing gesture at her in response.

"At that point, the elevator door opened and the two headed back to office. On the way back, Gupta asked her if she was scared. He then attempted to make it look like nothing had happened and even suggested for her to move on," the officer added. The South East division police have started a manhunt for Gupta, who is still at large.