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High Court of Judicature at Madras
V. RAMASUBRAMANIAN, J.
M. Kavya & Another
Versus
The Chairman, University Grants Commission & Others
Writ Petition No. 11217 of 2014 & M.P. Nos. 1 to 3 of 2014
Decided on: 04-12-2014
Sexual Harassment of Women at Work Act, 2013 –Prohibition of Ragging Act, 1997 - SC & ST Prevention of Atrocities Act, 1989 - Sexual Harassment of Women at Work Place Rules, 2013 - Rule 13 - Written examinations - Post Graduate Courses - Prohibition of Ragging - Counsel for petitioners counsel for first Respondent and Senior Counsel appearing for University - Petitioners herein lodged a complaint with Vice-Chancellor of University - Registrar of the University and Chairperson of Anti-Ragging Cell complaining that when they were walking towards Mother Theresa Mess of University two students studying in Department of Physical Education in same University passed snide comments about petitioners used abusive words and threatened to assault them and rape them - According to said complaint another co-student of petitioners was warned by one of those students that if second petitioner herein lodged a complaint he would stigmatize them as having been sexually assaulted - Petitioners gave a police complaint and news about complaint of petitioners got published in Indian Express in its Edition in Times of India in its Edition and in Hindu later – Held, Formulate and widely disseminate an internal policy or charter or resolution or declaration for prohibition prevention and redressed of sexual harassment at workplace intended to promote gender sensitive safe spaces and remove underlying factors that contribute towards a hostile work environment against women - Carry out orientation programmers and seminars for Members of Internal Committee - Carry out employees awareness programmers and create forum for dialogues which may involve Raj Institutions groups mothers committee adolescent groups urban local bodies and any other body as may be considered necessary - Conduct capacity building and skill building programmers for Members of Internal Committee - Declare names and contact details of all Members of Internal Committee - Use modules developed by State Governments to conduct workshops and awareness programmers for sensitizing employees with provisions of Act - But unfortunately situation in Respondent University is such that rather than directing those in management to organize workshops and programmers for employees in terms of above Rule 13 court have to first direct those in management to attend such workshops and programmers to acquire required degree of sensitivity to handle these issues - Manner in which complaints of petitioners were dealt with by authorities leaves much to be desired - Very fact that when all other students chose to tender unconditional apology and purchase peace petitioners alone stood to their ground and refused to tender unconditional apology as per order of appellate authority namely Vice Chancellor goes to show their courage of conviction and a refusal to compromise at cost of honor - Court not for a moment recording a finding that contents of their complaints are wholly true - It is a matter for enquiry - But what is laudable is that petitioners have overcome normal tendency and temptation of lesser mortals especially girl students whose whole career as well as life may be at stake to surrender to power of authority - This could not have been possible unless they had felt genuinely offended - Ordering of a proper enquiry alone and that too after setting at naught all humiliation to which petitioners have been subjected will restore confidence of girl students in campus that there is gender justice – Otherwise morale of other girl students would go down and this will prove to be a retrograde step for gender equality - Hence petitioners are entitled to reliefs prayed for - Writ petitions are allowed
1. The petitioners, who are students of the respondent-University, undergoing Post Graduate Courses, respectively in Mass Communication and English Literature, have come up with the above writ petition, challenging an order dated 01.11.2013, by which, they were placed under suspension for the even semester of the academic year 2013-14 and an order of the Appellate Authority, namely the Vice-Chancellor dated 19.12.2013, by which, their suspension was revoked subject to their submitting an unconditional apology.
2. I have heard Ms. R. Vaigai, learned counsel for the petitioners, Mr. A.S. Vijayaraghavan, learned counsel for the first Respondent (University Grants Commission) and Mr. R. Krishnamurthy, learned Senior Counsel appearing for the University.
3. On 30.9.2013, the petitioners herein lodged a complaint with (1) the Vice-Chancellor of the University; (2) the Registrar of the University and (3) the Chairperson of the Anti-Ragging Cell, complaining that when they were walking towards the Mother Theresa Mess of the University, at about 8.00 p.m. on 21.9.2013, two students, studying in the Department of Physical Education in the same University passed snide comments about the petitioners, used abusive words and threatened to assault them and rape them. According to the said complaint, another co-student of the petitioners, by name Monu, was warned by one of those students that if the second petitioner herein lodged a complaint, he would stigmatize them as having been sexually assaulted.
4. On 01.10.2013, the petitioners gave a police complaint and the news about the complaint of the petitioners got published in The Indian Express, in its Edition dated 01.10.2013, in The Times of India in its Edition dated 01.10.2013 and in The Hindu later.
5. It appears that immediately, the Chairman of the Anti-Ragging Committee of the University constituted an Enquiry Committee comprising of about 9 members, some of whom were the Deans of various Schools of the University, one was an Assistant Dean and two were Chief Wardens of the Hostels for Boys and Girls. This Committee purportedly conducted an enquiry with five students namely (1) Kavya-the first petitioner herein, (2) Vidya-the second petitioner herein, (3) Monu-the boy accompanying the petitioners, (4) Sreejith, against whom the complaint was made, and (5) Aneesh. The Enquiry Committee submitted a report subsequently. In the report, it is stated that the Committee obtained the written statements of only 2 boy students, namely Sreejith and Aneesh, but recorded the statements of 7 students, including the 5 students, who appeared for the enquiry and two others. After taking their statements and questioning them, the Committee recorded (1) its major observations; (2) its recommendations; and (3) suggested disciplinary action.
6. Since the said report forms the basis for all the events that subsequently unfolded, it may be necessary to extract (1) the major observations of the Committee; (2) its recommendations; and (3) the suggested disciplinary action.
"Major Observations of the Committee
(1) The committee feels that this is an incident of quarrel between two groups of students in which both the groups abused each other using derogatory words.
(2) The complainant girls (Kavya and Vidya) and their friends (Abhijith PV. Abhijith B, Ronny Paulose, Jyotish) have not explored all the ragging redressal mechanisms available in the University, which are very much known to them (Notices of Anti-ragging along with the mobile numbers of the Anti-Ragging Committee Members are displayed on the notice boards of all the departments, hostels, messes, canteens and lecture hall complexes).
Further, they have not waited for the University administration to resolve the issue but instead have released news (false news) to the media and press.
(3) The enquiry also reveals that all these students have taken the law into their hands by taking out unauthorized procession/protests/meetings and thereby violated the
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