NLU Delhi has released a carefully worded notice on Friday (26 October) that a student, who had allegedly tried to commit suicide on Wednesday after complaining that sexual harassment inquiry by the law school’s Internal Complaints Committee (ICC) against him was procedurally defective, had “recovered considerably” and that the standard appeals process against the ICC remained open to him.
The student had been in intensive care in a hospital in Dwarka, Delhi, with the university “constantly pursuing the progress of his treatment” and that he would be discharged on Saturday (27 October), according to the notice.
In the notice, marked for “internal circulation only”, the registrar said that he had held a “long meeting with students” on Friday, and “all the concerns” had been “exchanged and accordingly this response has been constructed”.
The university was “committed to follow the due process in the matter” and “would facilitate him in tiling a formal appeal against the order of ICC which is available to him as a matter of right” with NLU Delhi’s vice chancellor Prof Ranbir Singh, which must be disposed of within 90 days, or to be expedited in the interest of “speedy justice”.
It added that it accordingly affirm to take all possible measures under the purview of ‘Rule of Law’ to dispose off this matter without causing any prejudice in this matter”, and noted:
ICC functions as quasi-judicial institution independent of university administration and concerns like prejudice or bias or any other thing are addressable in the appellate forum. It is in this sense that the concerns of [student’s name] with regard to ICC findings could be incorporated in his appeal.
In his email addressed to Singh, a copy of which we have seen, the student had originally claimed that the ICC had been biased against him, acting as advocates of the complainants and that his dignity had been affected.
He had raised a number of claims of procedural defect against the ICC, only accepting after an interim application his right to make arguments before the ICC, and allegedly denying his request to have a friend represent him at the oral hearing because he had been traumatised and could barely speak on the day of the hearings.
He also claimed that the ICC had not recorded everything that had happened at the oral hearing, and that it had unfairly not considered several of his arguments.
An ICC member did not respond to our calls and messages since Thursday.
If you or someone you know needs help, please consider contacting any of a number of Indian NGOs dealing with suicide prevention listed here.
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If the young man is indeed guilty of harassment, he should take his knocks, learn his lesson, not repeat what he did, and toughen up. Unless the accusations are severe, it is unlikely he'll suffer insurmountable consequences.
Many women victims feel exactly as he does, perhaps worse. If every woman killed herself due to harassment, or victimisation, only the male population would be left.
That said, I do have some sympathy for him, and everyone deserves fair process. If he is innocent, NLUD would have much to answer for.
Try harder.
The fact that he is a student doesn't make the alleged crime any less heinous.
www.legallyindia.com/lawschools/nlsiu-20160406-7408
The act or behavior must be connected with sexual harassment including allegations of promise, threat or an offensive or hostile work environment towards female employees. A [solitary allegation of intemperate language against a female employee in a report does not constitute] an offence under the 2013 Act. [see K.P. Anil Rajagopal v. State of Kerala, Kerala High Court ((2018) 1 KLJ 106)]
Prof Nagaraj was in the wrong. He had to apologize because of his actions. However, he did not escape anything. There was no physical contact in his case, it seemed more like intemperate language.
Nagraj made an unfortunate statement. He apologised for it. That is nothing compared to the allegations emerging from NLUD.
Try harder.
MJ Akbar coming out in a bathrobe/boxer may well turn out to be an act with a sexual undertone. Other facts of the matter will have to build-out that fact (see case law above).
A female student coming to class in shorts is quite common and accepted in the age/place/institution where the incident happened. Therefore, unless you can prove sexual undertone specific to her case, it is not sexual harassment.
UGC (Prevention, prohibition and redressal of sexual harassment of women employees and students in higher educational institutions) Regulations, 2015 - 3.2 (1) puts an onus on the Internal Complaint Committees of institutions of higher learning to stay up-to-date with the evolving field of sexual harassment law based on the latest judgments of the various courts. I hope the various ICC's called upon to look into various matters across the country and doing so.
PS: I was formerly a member of an ICC at a prominent NLU and I do not believe that all members were making the effort required in this regard.
I used to be a law intern too, working in different offices... so this case is a grim reminder that it could just as well been have me! Unless these people and such other perpetrators get reported, it can be anyone who has to face this and that is a scary prospect!
Here is the Facebook page of the victim, which has been turned into a remembrance page. Her last post is haunting: www.facebook.com/pushparchanalall010
barandbench.com/law-intern-andaman-dead-bengaluru-sexual-harassment-lawyers/
www.livelaw.in/law-intern-found-dead-days-after-filing-sexual-harassment-complaint-against-lawyers/
timesofindia.indiatimes.com/city/bengaluru/accused-obtained-bail-two-days-before-law-intern-committed-suicide/articleshow/66817398.cms
indianexpress.com/article/india/bengaluru-law-graduate-found-dead-days-after-she-filed-harassment-case-5468073/
www.deccanherald.com/city/police-await-law-intern-s-705140.html
bangaloremirror.indiatimes.com/bangalore/crime/law-intern-found-dead-after-metoo-complaint/articleshow/66792833.cms
theprint.in/governance/bengaluru-cops-probing-if-dead-law-intern-was-pressured-to-withdraw-sexual-abuse-complaint/154940/
www.thequint.com/news/india/bengaluru-lawyer-found-dead-after-sexual-harassment-complaint
www.thenewsminute.com/article/b-luru-lawyers-accused-sexually-harassing-intern-she-died-get-anticipatory-bail-92273
www.jantakareporter.com/india/law-intern-found-dead-in-bengaluru-days-after-complaining-of-sexual-harassment-by-senior-lawyers/220631/
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