The Nisha Bhatia case is the first serious complaint taken up by the Sexual Harassment Committee (SHC) set up years ago by the Research and Analysis Wing (RAW), as per the guidelines issued by Supreme Court. And ironically enough, in 2004, Bhatia was the one picked by the agency to be the chairperson of the SHC, an offer she declined since she was posted at the agency’s high-security training institute in Gurgaon.
The Indian Express has accessed the 87-page confidential inquiry report on allegations made by Bhatia, submitted to RAW chief Ashok Chaturvedi on May 19.
Its contents reveal that Bhatia’s complaints of sexual harassment by joint secretary Sunil Uke was the only item on the committee’s agenda and allegations she made against Chaturvedi himself were not part of the inquiry.
Interestingly, both Bhatia and Uke say they have till date not been given a copy of the report. The SHC concluded that it could find “no proof” to substantiate Bhatia’s complaints against Uke, but said the officer exhibited a “discriminatory attitude towards a junior female colleague, which itself violates the spirit of right to gender equality, as laid down by SC guidelines on the issue”.
The SHC was headed by RAW joint secretary Shashi Prabha and had a co-opted member, National Security Council director Tara Kantha. It also noted that “Ms Bhatia’s threats to take her own life, as well as the threats (faced by her) from other quarters, appear to indicate a disturbed state of mind. As such, counselling may benefit her”.
The report also points out that “Nisha Bhatia’s repeated refusal to appear before the committee despite as many as seven notices being sent to her constrained the committee from making any meaningful assessment of these issues”. Besides Bhatia’s complaints, the report contains written statements of Sunil Uke, copies of SMSes sent by the complainant to members of RAW and the SHC, as well as the testimonies of junior officials in the agency who worked with the two officers.
The SHC also made these recommendations in its report:
•The department may draw the attention of lady officers that genuine instances of sexual exploitation/harassment may be filed with the committee with some material evidence to substantiate the charges. They must also be prepared to cooperate with the committee if they lodge a complaint.
•It is suggested as a confidence-building measure, the committee may meet quarterly to review/assess the position obtaining in the department (RAW) with reference to sexual harassment cases and implementation of preventive steps outlined in SC guidelines on the subject.
While Bhatia did not appear before the SHC, Uke deposed twice and said he “denies all allegations and charges” and alleged that the complainant was “mentally sick and has bouts of frenzied behaviour”.
Who is Sunil Uke
Sunil Uke, an officer of the Indian Revenue Service, served on deputation with the RAW for nine years and was also given plum foreign postings by the agency. In September 2007, he reverted to his cadre and is presently posted as a Customs Commissioner in Haryana.
When contacted, he only said, “I had nothing personal against Nisha Bhatia and wish her well. But I would like to advise her to take medical treatment, which as I told the committee in New Delhi, I think she badly needs.”