Madhumita Banerjee covers up trustees’ misdeeds

Madhumita Banerjee, a Punjabi woman married to a Bengali, runs an NGO called “Disha” in Pondicherry. She is a very close associate of the trustees and Matriprasad. As she is associated with various political groups in Pondicherry, trustees have always entertained her to get their work done. The trustees used her well in our case also with regard to the investigation conducted by National Women Commission.

I met her for the first time on 25.06.2006 when she visited Ambabhikshu House to canvass for her party during Pondicherry Municipal Election. 

It was a Sunday evening at about 6.45pm. She along with her friend knocked at my door asking to vote for them. Just for fun I began chitchatting with Madhumita and asked her what her party would do if it won. Her reply shocked me. She said that she has always helped ashramites and the trustees. She informed me that she was the go-between person between the trustees and the State women Commission (SCW) and the National Women Commission (NCW) in the complaint given by the five sisters.

Wow! This was a revelation to me so I goaded her further for information. I asked her what she knew about the five sisters’ case and how she had helped the trustees.

Her idea about our complaint to NCW was vague as she had only a cursory glance of the file which had been submitted by our lawyer at the Chief Secretariat, Pondicherry, to Mrs. Poornima Advani on 5/10/2004 in the morning. But promptly she had called the trustee Dr. Dilip Kumar Dutta and handed over a copy of this file to Matriprasad.

She also boasted to me that she had visited Delhi with the Chairperson of State Women Commission Mrs. Kamalini to convince the chairperson of National Women Commission Mrs. Poornima Advani that the Ashram was free from all vices. She also commented that these 5 sisters were psycho-cases.

After she had finished her story, I asked her whether I appeared to be a psycho-case. She replied “NO”. Then I showed her the original pornographic cartoons received by me. Only then she realized her faux pas and asked me who I was. When I told her that I was one of the five sisters whose name she did not even know and much less about our sexual harassment, she turned white. By then my third sister also joined me. 

Since Madhumita Bannerjee was caught red-handed, without apologizing to us she hurriedly left Ambabhikshu House with her political friend without visiting any other rooms. But on a parting note she said that men in the Ashram were bad and abusive.

After several months, Madhumita Banerjee, who had now become richer by trustees’ grace, threatened me openly with kidnap, assault and even rape. She categorically advised me to keep quiet about her dirty role. What a request!

I reported her insulting and obnoxious behavior as well as her threat to me to one of her political colleagues, who heard me out sympathetically. This colleague approached and briefed the senior politician, who in turn took Madhumita Bannerjee to task. Only then she toned down since she had been given the choice to either quit the party or continue with her behavior.

What a nightmare trustees had created for everyone!

Entry of National Human Rights Commission, New Delhi,

Knowing the trustees' vindictive track record and to safeguard our interests Arunashri, Nivedita and myself, went to Delhi.

In the first week of April 2005 we met Dr. Girija Vyas-ji, the then NCW Chairperson and Mrs. Nirmala Sitharaman-ji, the then South Zone Head of NCW. We asked whether any report of enquiry had been submitted by SWC to NCW, as alleged in ‘The Hindu’ on 19.01.2005. We also informed them that no such copy had been furnished to us, in spite of our request, by SWC and if we could be provided with a copy of this alleged enquiry report. Even though the office was searched, no report to this effect was found. So, we requested Dr. Girija Vyas-ji to reopen our case and help us. She assured us help but said no relief could be given immediately without going through the case records.

Desperate for immediate relief we approached the National Human Rights Commission, New Delhi, (NHRC). After hearing us patiently Dr. Justice Shivaraj Patil-ji, (retd.) then a member of the commission, expressed unhappiness at our plight and harassment, especially since the same was being caused at Sri Aurobindo Ashram, Pondicherry. He had been a former Justice at Madras High Court and had great regard for Ashram. He directed us to give a written complaint, which we did on the same day of our meeting.

Thereafter we returned to Pondicherry and were caught up in the fresh case O.S. No.409/2005 filed for preventing the trustees from illegally expelling us from Ashram based on the impugned report of A.V. Nagarajan. After hearing our case on 28.04.2004 Mr. N. Krishnasamy, (Hon’ble Judge of PDM, Pondicherry) granted us exparte injunction on merits. Thereafter on 10.06.2005 this injunction was made final after conducting a thorough enquiry on both sides. (See posting dated 07.02.2005)

In May 2005 Arunashri received intimation of an enquiry being conducted by IGP, Pondicherry, on behalf of NHRC. A big drama ensued since without conducting any enquiry IGP Mr. Meena, had already sent his report, based on the media clipping of 19.01.2005 and the alleged acquittal of the accused in S.T.R. No.7919/2004 (based on F.I.R. No.213/2004 filed for our sexual harassment). (See posting dated 19.09.2004, 14.10.2004, 09.05.2005 and 18.10.2014 about corrupt police).

Pretending to correct their illegal act, Mr. Meena, (then IGP) constituted an enquiry by appointing one N.T. Sivadasan, as the enquiry officer, who also conducted no proper enquiry. However his alleged report never reached us nor was ever forwarded to NHRC. The trustees fabricated this report in 2008 with the help of N.T.Sivadasan for filing the same in their C.R.P. No.3314/2007. The trustees also circulated this report as report of NHRC to thwart our claims of sexual harassment and project us in bad light. (See posting dated 15.07.2008).

NHRC has closed our case and issued orders dated 07.11.2005 and 24.03.2006, stating that since NCW was investigating the matter, no interference was needed. On receipt of N.T.Sivadasan’s report we filed application under RTI for a copy of it from NHRC. There is no mention of N.T.Sivadasan’s report in their communication.

Our RTI application and the answer from NHRC are produced below.

Thank You Dr. Girija Vyas-ji

We wish to gratefully thank the following stalwarts for helping us and giving us some relief at least. How these people in authority helped us in spite of adverse pressure is truly noteworthy. 

1. Dr. Girija Vyas, (ex-Chairperson of NCW, New Delhi and presently MP)
2. Mrs. Nirmala Sitharaman (present Cabinet Minister)
3. Mrs. Devi Matthews (ex-Director of DWCD, Pondicherry)
4. Mrs. Meena (ex- Deputy Director of DWCD, Pondicherry)
5. Mr. T.M. Balakrishnan, I.A.S. (ex-Secretary (Welfare), Pondicherry)
6. Mr. Vasanthakumar, I.A.S. (ex Sub-Divisional Magistrate cum Deputy Collector at Pondicherry)
7. Mr. Vijaykumar Bidhuri, I.A.S. (ex Sub-Divisional Magistrate cum Deputy Collector at Pondicherry)
8. Mr. Ashokan (Assisting Mr. Vasanthakumar and Mr. V. Bidhuri)

Since May 2004 all the five sisters, one after another, began facing degrading, humiliating and traumatic sexual harassment at the hands of trustees' henchmen. Our sexual harassment was masterminded by Nirmal Swain, an inmate-lawyer who got his law degree through dubious means having completed a 3 years course of law in 6 years. He was the gang-leader of the group comprising mainly of his father Bhagawan Das Swain, Krishna Chandra (who assaulted Jayashree), Girish Panda, Santosh Nayak, Shakar @ Sajjal Mitra, Chandramani Patel (who tried to molest Arunashri), Jagabandhu Rout (who I am now told was instrumental in drawing the pornographic cartoons sent to us) and the girl-friends of all these men.

Arunashri and Jayashree gave complaints to Mr. Bhaktavachalam and Mr. Udaybhaskar, (President and Secretary of Bar Association at Pondicherry and both of whom were then representing the Ashram Trustees in Hemlata's criminal case). Our complaints and requests to stop the sexual harassment, though these lawyers, fell on the deaf and sadistic trustees.

We sisters were constrained to meet personally the trustees during their Trust Board meeting on 26.07.2004 and voice our complaint. The trustees openly sided with these men and literally called us names. Their stance exposed their collusion to the sexual harassment faced by us. (See posting dated 26.07.2004)

However on 03.08.2004 when Chandramani Patel tried to molest Arunashri, we got really scared and started giving out written complaints to various authorities who could help us.

1. On 04.08.2004 complaint to Manoj Das Gupta, Managing Trustee of Ashram
2. On 05.08.2004 complaint to Pondicherry Police
3. On 06.08.2004 complaint to National Commission for Women

The then NCW Chairperson Mrs. Poornima Advani, hands over our case to the then newly appointed Chairperson Mrs. S. Kamalini of SWC. We were relieved that at last we are going to get justice only to be thoroughly disillusioned. Without conducting any enquiry, on 19.01.2005, Mrs. Advani and Mrs. Kamalini gave statements to the effect that a report had been given by SCW to NCW finding our complaints of sexual harassment to be false. But they also gave a most revealing direction through the newspapers that men and women in the Ashram should be segregated. (See postings dated 06.10.2004 and 20.01.2005).

In spite of our written request no copy of the alleged report was furnished to us by Mrs. Kamalini (SWC). By then through the devious manipulations of the trustees, an impugned report had been created by them through the most appropriately initiated and conducted enquiry proceedings. Based on this impugned report trustees were trying to expel the five sisters. We were constrained to approach NCW and NHRC (National Human Rights Commission, New Delhi) in the first week of April 2005.

Luckily for us Dr. Girija Vyas had replaced Mrs. Poornima Advani. We met Dr. Girija Vyas (M.P.) and Mrs. Nirmala Sitharaman (present cabinet minister) both of whom were genuinely concerned for our welfare. In spite of their thorough search they were unable to unearth the report as reported on 19.01.2005 by Mrs. Poornima Advani and Mrs. Kamalini. So Dr. Girija Vyas reopened our case through the Department of Women and Child Development, Pondicherry (DWCD). This enquiry is still pending with the Pondicherry Government. (See postings dated 19.03.2007, 06.08.2008)

Because of Dr. Girija Vyas, at the first instance, later with the help and concern of all the above-named persons, we have managed to sustain our dignity to a very great extent. All of us thank these upright persons once again for all the help that they have extended towards our welfare.

Magisterial Enquiry Ordered by Govt. of Pondicherry

After the statements were reported in ‘The Hindu’ and ‘The Indian Express’, we wrote letter to Mrs. Kamalini requesting for a copy of the report to be furnished to us. Till date no reply has come and neither has any report been furnished to us.

Meanwhile trustees had concocted a false report against all we five sisters based on which the trustees were trying to expel us. Since the starting point of the report was our sexual harassment, to safeguard our interests we were constrained to personally go to Delhi and met NCW Chairperson.

Luckily for us Dr. Girija Vyas had replaced Mrs. Poornima Advani. We met Dr. Girija Vyas, Chairperson of NCW, and Mrs. Nirmala Sitharaman, South Zone Head of NCW, both of whom were genuinely concerned for our welfare. In spite of their thorough search they were unable to unearth the report as mentioned on 19.01.2005 news-item, allegedly submitted to Mrs. Poornima Advani by Mrs. S. Kamalini.

Having seen our miserable plight Dr. Girija Vyas decided to reopen our case. We received a letter directing us to appear and submit our complaints to NCW, New Delhi. Since we were not in a position to appear in person, we sent by RPAD our representations dated 21.07.2005 to NCW in Case No.8/4047/04/NCW/JA/CP/179. Thereafter our case had been directed to be investigated by the Department of Women and Child Development, Pondicherry (DWCD).

Mrs. Devi Matthews, the Director of DWCD issued us summons. We appeared before Mrs. Devi Matthews and the Deputy Director Mrs. Meena. Our condition had worsened and they too were shocked at our victimization. Mrs. Matthews asked the trustees to reply in the course of her investigation but they gave very vague answers. The harassment reached another climax when Arunashri was brutally beaten up. (see posting dated 29.12.2006)

We met Mr. T.M. Balakrishnan, I.A.S., Hon’ble Secretary (Welfare), Pondicherry, and Mrs. Devi Matthews on 02.01.2007 at the Chief Secretariat, Pondicherry, expressing our fear, insecurity, harassment and sexual harassment faced by us. They were both very concerned and promised to do something.

Thereafter G.O. dated 23.02.2007 was issued by the Hon’ble Secretary, Mr. T.M. Balakrishnan, directing Mr. Vasanthakumar, I.A.S., Sub-Divisional Magistrate cum Deputy Collector at Pondicherry, to conduct a magisterial enquiry into our complaints. Today we gave our complaints to him on 19.03.2007. Mr. Ashokan was also present when we presented our case.

Government Order dated 23.02.2007 is produced below.

Birth of A.V. Nagarajan’s Impugned Report

For the sexual harassment faced by us we had already approached the Pondicherry Police and the National Commission for Women, New Delhi. Both these statutory institutions were already investigating the matter. But when on 19.09.2004 the police came to arrest Girish Panda in the afternoon, the trustees woke up to the fact that they had better cover their backs.

In the evening at about 5.00 p.m. when I went to Ambabhikshu House the Managing Trustee had pasted a back dated notice of enquiry dated 11.09.2004 informing all and sundry about the enquiry proposed to be conducted by the trustees through Mr. A.V. Nagarajan, which consisted of three phases which in fact amounted to

1. Sexual harassment as alleged by us against the named inmates
2. Some complaints against us by other named inmates
3. Anyone who had a complaint

On 19.09.2004 we wrote a letter to Manoj Das Gupta, Managing Trustee of Ashram, to stop this enquiry since Pondicherry police and NCW were already investigating the case. But he did not desist. The notice was placed on a makeshift notice board at the entrance of Ambabhikshu and in a way whereby passersby on the road could see it clearly.

Thereafter on 28.10.2004 we received summons from A.V. Nagarajan for the first phase of the enquiry - Sexual harassment as alleged by us against a few named inmates. We immediately informed him that he should not conduct an enquiry because NCW and police were looking into the matter. He also paid no heed to us and proceeded as planned. We did not participate because more competent authorized were apprised of our case.

We saw that a chained mental box appeared on a pillar beside the makeshift notice board and a notice was put up relating to the third phase of the enquiry - anyone who had a complaint. Thereafter for over a month A.V. Nagarajan collected complaints. This was an exercise to fabricate complaints against us. Inmates, residents of Ambabhiskhu House as well as non-residents, were pressurized by the trustees, Matriprasad and other henchmen, to give false complaints against us.

Subsequently A.V. Nagarajan issued us notice for the second and third phases of enquiry - some complaints against us by other named inmates & anyone who had a complaint. His notice did not contain the charges that we were supposed to refute and because we could not participate in an enquiry blindfolded, we abstained.

Today we have received a show cause notice dated 24.01.2005 from the trustees enclosing a copy of A.V. Nagarajan’s report dated 10.01.2005. This show-cause notice contains no charges framed against us. Brief perusal of the report also indicates no specific charges leveled against us. In fact the report contains and only gives synopsis of statements, hearsay and assumptions. Pending court proceedings, Nirmal Swain had appeared and participated in the enquiry. He also produced sub-judice documents which are totally irrelevant to the enquiry being conducted. As a lawyer he knows fully well his illegal act. His license to practice should be revoked.

We also found that an incomplete report had been furnished to us since we are not given the statements and documents which form part of the report. Trustees are again resorting to mischief and acting in their usual highhanded manner and suppress our complaints of sexual harassment completely in order to protect their henchmen.

Enquiry Not Conducted by SWC, Pondicherry

We are thoroughly disillusioned. Yesterday, without conducting any enquiry, Mrs. Advani and Mrs. Kamalini have given out statements to the effect that a report has been given by SCW to NCW finding our complaints of sexual harassment to be false. But they have also given a most revealing direction through the newspapers that men and women in the Ashram should be segregated!

This is what has actually happened since Mrs. Poornima Advani has ordered investigation for our complaint to SWC, Pondicherry.

Due to threats of rape and more sexual harassment, we had given a complaint dated 11.10.2004 to police asking for help and protection. Thereafter on 13.10.2004 police came to Ambabhikshu House, (See posting dated 14.10.2004) and police took evidence of our sexual harassment and three pornographic chits.

Thereafter we gave a written representation to SWC about our sexual harassment, reiterating the contents of our complaint dated 06.08.2004, after having added subsequent harassment. On 20.12.2004 we were orally called, for the first and only time, by Mrs. Kamalini at SWC Office. She alone was present when we made our representations, not one office staff was present when we had been called. None of the other members of the commission were aware that we were being enquired into. Mrs. Kamalini told us that she would treat our complaint as our deposition and would call us as and when the enquiry proceedings required our presence.

We had seen jeep-loads of women being ferried by Prafulla Patel, Purushottam Iyengar, Kannan, Nirmal Swain and others. We have subsequently come to know that they were all being taken to the Office of SWC. But we have never been called again for the enquiry proceedings till date and yesterday we saw this news item in 'The Hindu'.

We came to know through the news-item that some questionnaire had been circulated by SWC to inmates. However we were never furnished a copy of it. Therefore it would be pertinent to ponder what was the role played by these jeep-loads of women when we had made our complaint against few inmates only!

The suggestion of segregating men and women clearly indicates that there is a big problem and yet how the chairpersons, without conducting a proper enquiry, have come to the conclusion that our cases are false is anybody’s guess.

Mrs. Poornima Advani Asks SWC to Investigate Five Sisters’ Complaint

We sent our complaint to NCW, New Delhi, through RPAD, because there was no State Commission either of NCW or of NHRC at Pondicherry.

Mrs. Poornima Advani, Chairperson of NCW, New Delhi, has come to Pondicherry in the first week of October to form the State Women’s Commission at Pondicherry (SWC). Our lawyers, Mrs. V. Usha and Mr. Cyril Vincent, managed to get an appointment with her on 05.10.2004. We five sisters met Mrs. Poornima Advani at Hotel Annamalai International at about 2.30 pm. Our lawyers presented our case and Mrs. Advani was shocked at the situation prevailing in the Ashram (also check link http://ncw.nic.in/pdfReports/Gender_Profile_Pondicherry.pdf) and she said that our condition was worse than bonded laborers.

The same evening State Women Commission at Pondicherry (SWC), was inaugurated and Mrs. S. Kamalini was appointed as its first Chairperson. Our complaint dated 06.08.2004 sent by RPAD to NCW was handed over to SWC and investigation has been ordered.

We really hope to get justice and pray that now the sexual harassment faced by us will stop.