Woman Challenges Governor’s Immunity in Supreme Court Over Harassment Claims

A woman staff member from West Bengal Raj Bhawan has approached the Supreme Court of India, challenging the immunity granted to Governor CV Ananda Bose under Article 361 of the Constitution. She alleges sexual harassment by the Governor and seeks a ruling on whether such acts fall under the Governor’s official duties.

According to Article 361(2) of the Constitution, no criminal proceedings can be instituted or continued against the President or Governor of a State in any court during their term of office. The woman argues that this immunity should not be absolute, especially in cases involving illegal acts or violations of fundamental rights.

The plea states, “This court has to decide whether a victim like the Petitioner can be rendered remediless, with the only option being to wait for the accused to demit his office, which delay will then be inexplicable during the trial, and render the entire procedure a mere lip service, without any justice to the victim herein.”

She has also sought a thorough investigation into the case by West Bengal Police and protection and security for her and her family. The woman further seeks compensation for the loss of reputation and dignity suffered by her and her family due to the failure of the State machinery to protect her identity.

According to her complaint, the Governor had called her on April 24 and May 2 on the false pretext of offering a better job only to sexually harass her within the premises of Raj Bhavan during working hours. Though an FIR was registered against the officer on special duty (OSD) and other Raj Bhavan staff, the Calcutta High Court had in May stayed the proceedings. The FIR accused the OSD and other staff of restraining and pressurizing the woman from lodging the alleged sexual harassment complaint against the Governor.