A Law Review of the Case Charged against Self-Styled Godman Swami Chaitanyananda Saraswati.
The current saga of Swami Chaitanyananda Saraswati, a self-stylised godman, a director of a management institute in Delhi has once again exposed the high vulnerability of the followers especially the female students to abuse by people in higher positions of authority and trust. The molestation, harassment, and intimidation charges made against 17 female students are not only contravention of moral and ethical standards but it is a grave crime as per the Indian law. This paper discusses the legal basis and provisions, which govern such cases, the rights of the victims, and the legal remedy to them.
The Legal Framework: Crucial Laws in Action.
Defamation, extortion, and blackmail are some of the factors against Swami Chaitanyananda Saraswati that has caused the Delhi Police to take action against him according to a combination of legal provisions. It is mainly under the Indian Penal Code (IPC) that the case is being investigated and there is a possibility of the Protection of Children against sexual offences (POCSO) Act should there be any victims who happen to be minor.
Indian Penal Code (IPC)
The principal criminal law in India is the IPC which regulates a large number of crimes. There are some sections that are especially relevant in a case such as the one:
- Section 354: Assault or Criminal Force to a Woman with the Intent to Outrage Her Modesty: This is a very important section to be applied in cases of molestation. It makes criminal every attack on a woman or the application of criminal force against a woman with the aim of dishonoring her modesty. The penalty to this crime may be a sentence ranging between one and five years in prison and a fine.
- Section 354A: Sexual Harassment and Punishment of sexual harassment: This section was introduced in the IPC in 2013 with the intention of specifying sexual harassment. It characterizes sexual harassment as:
- Physical touching and advances that entail unwanted and overt sexual advances.
- An invitation or request of sexual favors.
- Bringing out pornography against the will of the woman.
- Coming up with sexually coloured statements.
- These may be harshly punished by a jail sentence of up to three years, or by payment of a fine, or both. This part is especially applicable considering the allegations on the Swami sending obscene messages and unwanted physical contact with the students.
- Section 509: Word, Gesture or Act with the Intention of Insulting the Modesty of a Woman: This section is applicable in a case where an individual knows and has the intention to insult the modesty of a woman through a word, gesture or an act. It is a cognizable crime, that is, the police can arrest the suspect without a warrant. The penalty may be mere incarceration of a maximum of three years and a fine. The supposed use of vulgar language and obscene messages would be included under this section.
- Section 506: Criminal Intimidation Penalty: The students also stated that the Swami threatened to fail them in case they failed to meet his requirements. This should be treated as criminal intimidation and it is a crime punishable with imprisonment of up to two years or fines or two.
Protection of Children against Sexual offences (POCSO) act 2012.
In case any of the 17 female students were below 18 years, the case would also be under POCSO Act. It is a special legislation that safeguards the children against sexual crimes. It is gender neutral and equally applies similar to both male and female child victims and offers a stricter prosecution approach.
- Section 7: Sexual Assault: This section outlaws all types of sexual assault without any penetration. The penalty of this is three years of imprisonment at least and up to five years, and a fine.
- Section 11: Sexual Harassment: This section concerns the sexual harassment of a child and gives a sentence of up to three years imprisonment and fine.
The Position of Authority and Trust in the Crime.
Another important point of this case is the misuse of an authority and trust. Swami Chaitanyananda Saraswati was not only a religious leader but also a director of a school of education. The students were on scholarship and this gave him some level of control on the future of the students in terms of academics and finances. This unequal relationship predisposed the students to his requests and threats.
The legislation is more serious regarding the offenses that are perpetrated by an individual in the authoritative capacity. Under these circumstances, the penalty can be more severe, and the prosecution of the case can be reversed. The reason is the law acknowledges the fact that a person who is in authority can misuse, intimidate, or bully victims more easily, and thus victims can hardly resist or declare the offense.
The Legal Rights of Victims
In the given case, female students possess a number of legal rights and protections:
- Right to Confidentiality: The name of the victims of the sexual crimes, particularly that of children and teenagers, should remain confidential. The law does not allow the media to expose the name or any identifying information of the victim. This is to avert the social stigma and a subsequent trauma to the victim.
- Right to speedy trial: The victims are entitled to speedy trial so that justice is not prejudiced. This is more crucial in instances of sexual assault, and the victims might be dealing with the emotional and psychological distress.
- Right to legal aid: The victims are entitled to free legal assistance in case they are not able to afford a lawyer. This will make sure that they have a proper representation in court.
- Protection during the trial and investigation: The law includes some provisions that ensure protection of the victims in the course of the trial and investigation. This involves getting their statement taken by a female police officer, in-camera trials (where there are only judge, lawyers and accused), and avoidance of repeated questioning of the victim.
The Expansive Legal Implications.
This case is not a case in point. Cases of so-called godmen and religious leaders being accused of sexual misconduct and fraud have been many. The cases show that there should be increased criticism and responsibility in the religious and spiritual institutions. The law should not allow anyone to be above the law no matter his status or position. Laws in India are also strong to handle such offences but the problem is the difficulty in implementing and prosecuting them. The media and citizen concern over the case could be a motivating factor to have a more prolific and attentive law enforcement and the courts. It supports the idea that religious freedom and faith do not give immunity to the law and that people in the position of trust should bear a more significant burden of responsibility in ensuring that the law is and that those who adhere to them are safeguarded.
