Tejpal case reopens debate: Men must move beyond 'good' vs 'bad' binary

The recent decision by the Bombay High Court to reverse the acquittal of former Tehelka editor Tarun Tejpal in a 2013 sexual assault case has reignited a debate in India about the role of men in addressing sexual violence. While legal experts have called for restraint and due process, others argue that the case highlights deeper societal questions about masculinity and complicity.

In an opinion piece published on August 11, a senior Supreme Court advocate argued that since criminal law can only punish conduct that meets the legal definition of an offence, the public should suspend judgment on the Tejpal case until the Supreme Court rules on his appeal. The advocate emphasised the importance of due process and the presumption of innocence.

However, a separate article in The Hindu counters that the only appropriate response outside the courtroom need not be "we do not know." It argues that society can distinguish between what a criminal court can legally determine and what the social dimensions of a case may suggest. The article references a 2022 paper by Andrea Waling from the Australian Research Centre in Sex, Health and Society, which identified five key framings in #MeToo media coverage, including the portrayal of men as 'good' or 'bad' and the performative nature of male allyship.

Waling's research, published in the Journal of Men's Studies, noted that there is a lack of coherence regarding men's engagements with the #MeToo movement. The Hindu article uses this to argue that men have been reluctant to engage with uncomfortable questions about masculinity, desire, entitlement, and professional hierarchies. It states that during the #MeToo movement in India around 2018, few articles by Indian men seriously engaged with women's accounts of sexual violence.

The article also cites a 2018 piece in The Indian Express by Rimjhim Jain, who described men as the "missing piece" of India's #MeToo movement. It argues that men's silence has allowed the problem to be framed as something women must resolve alone. The article contends that ordinary assumptions about flirting, persistence, and seniority can contribute to cultures that enable sexual violence, without necessarily making individuals predators themselves.

The debate comes as the Supreme Court prepares to hear Tejpal's appeal. The Bombay High Court's decision to reverse his acquittal has been seen as a significant legal development. Tejpal was accused of sexual assault by a former colleague in 2013. He was acquitted by a trial court in 2021, but the High Court overturned that decision in July 2024.

Legal experts point out that the presumption of innocence remains a fundamental principle. At the same time, social commentators note that public discourse often veers between defending the accused and condemning the act without addressing the systemic issues. The challenge, as the article suggests, is to move beyond binary labels and engage with the deeper social structures that allow sexual violence to persist.

As India awaits the Supreme Court's decision, the conversation around masculinity, due process, and responsibility continues to evolve. The case has become a touchstone for broader questions about how society discusses sexual violence and the role men play in preventing it.