NALSAR student body comes out in support of law intern; Seeks J. Ganguly’s resignation from WB Human Right Commission

The Student Bar Council (SBC) at NALSAR University, Hyderabad has issued a public statement seeking the resignation of Justice Ganguly as head of the State Human Rights Commission..Speaking to Bar & Bench, the SBC Vice President Harsh Khemka said that the statement was based on the results of on-campus survey held for NALSAR students. The survey revealed that an “overwhelming majority” of students were in favor of a public denouncement of statements that the allegations of sexual harassment against J. Ganguly were part of a political conspiracy against the judge..“As law students,” says Khemka, “we felt that it is our duty to take up this issue.”.The public statement also highlights the relationship shared between an intern and a senior lawyer or judge, when it states that,.“As students and interns, ourselves, we wish to highlight the fact that there exists a fiduciary duty of the individual towards an intern (who is seeking experience and knowledge, and is not merely a temporary employee). The need for protection against harassment in such a relationship is most keenly felt.”.“You presume you are working in a secure environment”, Khemka notes, but allegations such as the ones made against Justice Ganguly force a serious reconsideration of such presumptions..Khemka says that the student body was also concerned about the fact that, following the allegations of sexual harassment, several senior lawyers were choosing not to accept female interns. The statement reads,.“We have noted, with apprehension, the reaction from several fronts seeking to avoid ‘trouble’ by refusing to take women interns. We would urge the legal fraternity to work towards creating systems and workplaces that are non-discriminatory and safe, as opposed to closing itself off from introspection.”.With respect to the then intern, Khemka says that sexual harassment is rarely discussed in the open. “For a student who is just starting out [in her career] to come out [in public] – it was very brave of her and we stand by her complaint.”.As an institution, NALSAR is currently framing its own sexual harassment policy aided by the Committee againt Sexual Harassment, a student body. Khemka also says that NALSAR currently employs a counselor on campus, whom students can approach in case they are facing any problems..The SBC’s statement comes barely a week after 12 faculty members at NUJS, the institution where the then-intern studied, issued a public statement in support of the then-intern. Meanwhile, the Union Cabinet is expected to decide today on whether a Presidential Reference seeking J. Ganguly’s resignation shall be made..The entire text of the SBC statement is below:.We have watched, with a growing sense of alarm, the developments following [the law intern’s] blog post on the range of emotions she felt having been sexually harassed by an eminent retired Supreme Court judge. We stand behind [the law intern] and admire the dignity and fortitude she has displayed in the face of attacks from all quarters.While we fully respect the presumption of innocence that every accused person is entitled to in a criminal trial and recognise Justice Ganguly’s right to seek apposite legal remedies and defend himself, the finding—by a three-member Committee of Supreme Court judges—that there is prima facie evidence of an unwelcome sexual act having been committed, compounded by the reprehensible allegation by Justice Ganguly that [the law intern] is a political pawn, compels us to seek his resignation from the West Bengal Human Rights Commission. This is a question of probity of conduct in an office of trust, and given the Supreme Court Committee’s findings, the Attorney General of India’s comments to the Home Ministry—that it there is enough evidence to proceed against the judge—and Justice Ganguly’s own responses to these allegations, we believe that this trust has been lost. We do, however, wish to dissociate ourselves from all attempts to hijack the issue of unsafe working environments by factions seeking to serve other ulterior ends.As students and interns, ourselves, we wish to highlight the fact that there exists a fiduciary duty of the individual towards an intern (who is seeking experience and knowledge, and is not merely a temporary employee). The need for protection against harassment in such a relationship is most keenly felt.We have noted, with apprehension, the reaction from several fronts seeking to avoid ‘trouble’ by refusing to take women interns. We would urge the legal fraternity to work towards creating systems and workplaces that are non-discriminatory and safe, as opposed to closing itself off from introspection. We hope that this moment will cause law chambers and law schools to create protocols of oversight and reporting which give confidence to students to stand up against wrongful behaviour.