Kerala High Court notice on plea alleging biased investigation into sexual harassment complaints against college professor

The Kerala High Court recently issued notice to the Sree Narayana Guru College authorities in a petition alleging a biased and botched investigation into allegations of sexual harassment levelled against an assistant professor of the college by several students [Dr. Swapna Gopinath v The Principal, Sree Narayana Guru College & Ors.]. .Justice Amit Rawal, while issuing notice, temporarily stayed the report of the Internal Compliance Committee constituted to investigate the allegations, as far as it pertains to the petitioner..The petitioner, one Dr. Swapna Gopinath, had been invited to the college to give a talk on gender sensitization for students following which a few students had complained about inappropriate behaviour of a sexual nature by another faculty member, one Abhilash T, an Assistant Professor of Political Science. The complaints filed by the students were allegedly ignored by the principal initially with the petitioner contending that the Principal's close relationship with the accused professor was the reason for the same..Owing to the inaction of the principal, the students, including those who allegedly faced harassment from the accused professor, approached the Governor of Kerala, who is also the Chancellor of the University to which the college is affiliated. The Governor personally heard the students and forwarded to the complaint to the State Police Chief to take immediate action.Subsequently, the principal constituted the Internal Compliance Committee (ICC), allegedly headed by his close associates who are also close with the accused professor. .Noting this, the students filed a representation to the Convenor cum Chairperson of ICC to constitute a committee in accordance with the provisions contained in the University Grants Commission (Prevention, prohibition and redressal of sexual harassment of women employees and students in higher educational institutions) Regulations, 2015. The plea said that pursuant to that, a lawyer was appointed as the presiding officer who found that prima facia the complaints are genuine, and the abuser guilty of the offences alleged against him. However, she was promptly replaced by another lawyer who submitted a report in favour of the accused professor by allegedly flouting the mandate of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (POSH Act)..“After hearing the entire conversation, the ICC felt that the above-mentioned gender sensitization session was a preplanned endeavor made by the faculties to mobilize the students to file the complaint against Abhilash T,” the new report said..This prompted the petitioner to approach the Court through Advocates Raghul Sudheesh, KJ Glaxon, J Lakshmi and Xavier Thomas VT..It was pointed out by the petitioner that the Kerala High Court in LS Sibu vs. Air India Limited & Ors. had held that every Internal Committee constituted under the POSH Act necessarily, has to follow principles of natural justice while conducting enquiry.The rules framed under the Act also indicate that the committee should follow the principles of natural justice i.e, when prejudicial statements are made, the same shall not be used against any person without giving him an opportunity to correct and contradict.However, in this case, it was contended the ICC report made observations about the petitioners without giving her an opportunity to be heard and even though no notice has been received so far, observations are required to be expunged or declared obiter..Further, Section 13 read with Section 11 of the Act indicates the enquiry to be concluded under Section 13 is not a preliminary enquiry, but a full-fledged fact-finding enquiry. "In the instant, the inquiry conducted by the ICC was never as stipulated under the service rules and cannot be said to be a proper inquiry. In light of the settled position of law that if something is required to be done in a particular manner, then that has to be done only in that way or not at all. Hence the ICC report is liable to be quashed for that single reason alone," the plea said..It was also pointed out that the ICC report was challenged by six students before the Kerala High Court. The High Court had temporarily stayed the proceedings of the committee against the petitioner students in those cases. .The Court, therefore, temporarily stayed any proceedings against the petitioner that may arise out of the ICC report, issued notice to the respondent college authorities and ordered that the matter be tagged with the petitions moved by the students..[Read Order]