Jawaharlal Nehru University, New Delhi Jawaharlal Nehru University, New Delhi

The Delhi High Court has pulled up Jawaharlal Nehru University (JNU) over the manner in which it handled an alleged sexual harassment case, filed by a PhD student against two professors, and sought the presence of the varsity’s registrar.

Justice Prathiba M Singh also issued notice to JNU on the woman’s plea, which alleged that despite a recommendation by the Internal Complaints Committee (ICC) that a competent authority shall reconsider her application for the PhD Programme, the authority is neither accepting nor rejecting the same. It expressed displeasure over JNU counsel Ginny J Rautray’s contention that the woman’s appeal has already been decided by the vice-chancellor in October 2018.

Advocate Dibyanshu Pandey, appearing for the woman, said his client was not given a hearing, which is compulsory as per Section 18 of Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013.

The JNU counsel submitted that the admissions committee reconsidered the application, and had taken a decision in September 2018 to not recommend the woman’s registration to the PhD course. The woman’s counsel said no such order by the admissions committee was communicated to the woman, who has been evicted from campus.

Justice Singh, in her order, recorded: “A perusal of the recommendations (of ICC) shows that JNU had to take various steps pursuant to the recommendations. It is not clear as to whether any steps were taken… Further, the status of the appeals filed by the petitioner…and defendants (two professors)… is also not clear.

Observing that “no orders have been passed by the appellate authority in respect of appeals”, the court also sought the copies of appeals to be submitted on the next date of hearing on December 9. “A specific affidavit shall be filed by the registrar, JNU, as to the status of the decision, if any, taken on the representation made by the petitioner…seeking re-registration…in PhD course…”

“The affidavit should also contain the clear stand of JNU as to whether the appeal was, in fact, filed before the appellate authority, if any of the parties were heard, and if any orders have been passed in the same,” it said.

“The registrar, JNU, shall remain present in court on the next date,” the judge concluded. The court’s order came after the woman, who was allegedly assaulted by the two professors in January 2018, moved the High Court alleging that she is being further victimised by the institution. She alleged that the university is protecting the offenders even after ICC found them guilty.

The ICC found both professors guilty, yet exonerated them citing administrative lapses, she alleged. It, however, levied a fine of Rs 5,000 on both professors, and had recommended that both should be censured.

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