Case Note & Summary
The High Court of Karnataka heard two writ petitions filed by students Tushar and Janmejai Shukla against the Internal Complaints Committee (ICC) of Christ University, the Internal Complaints Appellate Committee (ICAC), the University, and the complainant student Amrita S. Nair. The petitioners challenged the ICC report dated 11.04.2018 recommending their debarment from studies for one year for alleged sexual harassment, and the ICAC order upholding the same. The court examined the compliance with the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 and the UGC (Prevention, Prohibition and Redressal of Sexual Harassment of Women Employees and Students in Higher Educational Institutions) Regulations, 2015. The court found that the ICC was not properly constituted as per UGC Regulations, lacking external members. The ICC did not provide an opportunity to the petitioners to cross-examine the complainant or other witnesses, violating principles of natural justice. The ICAC entertained an appeal beyond the 30-day limitation period without any order condoning delay. The punishment of debarment for one year was held disproportionate to the alleged conduct of passing remarks. The court quashed the ICC report and ICAC order, directing the University to constitute a fresh ICC in accordance with law and proceed afresh if so advised, with liberty to the petitioners to raise all contentions.
Headnote
A) Sexual Harassment - Internal Complaints Committee - Natural Justice - The ICC failed to provide an opportunity of cross-examination to the accused students, violating principles of natural justice. The report was set aside. (Paras 10-15) B) Sexual Harassment - UGC Regulations - Composition of ICC - The ICC was not properly constituted as per UGC Regulations, 2015, lacking external members. (Paras 16-18) C) Sexual Harassment - Appellate Committee - Limitation - The ICAC entertained an appeal beyond the prescribed 30-day period without condonation of delay, rendering its order invalid. (Paras 19-22) D) Sexual Harassment - Punishment - Proportionality - The punishment of debarment for one year was disproportionate to the alleged misconduct of passing remarks. (Paras 23-25)
Issue of Consideration
Whether the report of the Internal Complaints Committee (ICC) and the order of the Internal Complaints Appellate Committee (ICAC) debarring the petitioners from studies for one year are sustainable in law, given the alleged violation of principles of natural justice and non-compliance with the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 and UGC (Prevention, Prohibition and Redressal of Sexual Harassment of Women Employees and Students in Higher Educational Institutions) Regulations, 2015.
Final Decision
The writ petitions are allowed. The report of the Internal Complaints Committee dated 11.04.2018 and the order of the Internal Complaints Appellate Committee are quashed. The University is directed to constitute a fresh Internal Complaints Committee in accordance with law and proceed afresh if so advised. The petitioners are at liberty to raise all contentions before the fresh committee.
Law Points
- Natural Justice
- Right to be heard
- Cross-examination
- UGC Regulations
- Sexual Harassment of Women at Workplace Act
- 2013
- Internal Complaints Committee
- Appellate Committee
- Debarment
- Proportionality
