Today(30Jan,2024), the Gujarat High Court instructed Gujarat National Law University (GNLU), Gandhinagar, to implement a mechanism to prevent the suppression or tampering of sexual harassment complaints before they are presented to the University’s Internal Complaints Committee (ICC).
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Ahmedabad: The Gujarat High Court has emphasized the need for a transparent and unobstructed mechanism for handling complaints of sexual harassment at the Gujarat National Law University (GNLU). This directive comes amid concerns about the effectiveness of the Internal Complaints Committee (ICC) and the handling of such sensitive issues within the university campus.
During the hearing, Advocate Dharmishta Raval, representing GNLU, informed the court that a mechanism for addressing sexual harassment complaints was already in place. However, she sought additional time to provide clarity on its functioning.
The Bench, comprising Chief Justice Sunita Agarwal and Justice Aniruddha Mayee, raised concerns about the operational aspects of the ICC, questioning the methods adopted to ensure that complaints are not suppressed, especially considering that the perpetrators might be within the campus.
The Chief Justice queried-
“You have only informed us about the formation of the ICC but that is not sufficient. How is this ICC working? How are they receiving complaints? What method they have adopted that these complaints aren’t suppressed because the perpetrator is also inside the campus?”
The judges further elaborated on the potential challenges faced by students, especially in cases where the accused might be in a position of influence, such as a professor. They highlighted the need for a system that ensures every complaint reaches the ICC without any intervention, other than the Secretariat of the ICC.
During the hearing, the amicus assisting the Court suggested the installation of complaint boxes manned by police officers or lady officers. However, the Bench refused to deploy police officers in educational institutions. Advocate General Kamal Trivedi expressed the State’s agreement with having complaint boxes in every institute.
Nevertheless, the Bench pointed out that merely having complaint boxes would not be sufficient. Chief Justice Agarwal emphasized the necessity of constituting an ICC that operates free from external pressure. She underscored-
“Mr AG, what purpose would the complaint box serve in absence of an ICC? So first we need to constitute an ICC which will be free from external pressure etc. The Act mandates there should be sufficient publicity to the ICC, provisions of POSH Act etc.”
The Chief Justice also noted the absence of a mandatory Standard Operating Procedure (SOP) on how to file a complaint with the ICC, which should be widely publicized, even in the High Court itself. The court observed-
“We even don’t have complaint boxes in our High Court. In Allahabad, such complaint boxes were opened on every Saturday. We can have something like this here too.”
Concluding the hearing, the Bench adjourned with a directive to GNLU to file an affidavit stating the mechanism it proposes to adopt. This mechanism should ensure that complaints of sexual harassment are neither suppressed nor manipulated, thereby safeguarding the integrity of the process and protecting the rights of the complainants. This case highlights the critical need for effective and unbiased systems within educational institutions to address and resolve issues of sexual harassment, ensuring a safe and respectful environment for all students and staff.
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