A recent graduate of Maharashtra National Law University, Nagpur (MNLU Nagpur) appears to be left remediless in a sexual harassment complaint she had initiated against a fellow student before they graduated.
A decision of the Appellate Executive Authority of MNLU Nagpur upheld the Internal Complaints Committee (ICC) decision that found the accused guilty of sexual harassment after hearing both parties.
However, the MNLU Nagpur administration took no punitive action, citing "the status of the Delinquent as a student and the academic career and future prospects of the Appellant."
The ICC had ordered that the accused student be prohibited from participating in cultural events at MNLU Nagpur in any form. He was also ordered to be removed from any official committees, disallowing him from representing the University at any competitions, and rescinding any granted scholarship for the semester. These findings were upheld by the appellate authority.
The case was also to be recommended to a disciplinary committee as he was inebriated at the time of the incident.
The appellate authority went on to modify its recommendation that the accused student undergo counselling on campus, instead recommending that he seeks counselling under the guidance of his parents to address his behavioural issues.
The complainant has raised questions regarding the timing of the decision.
"The verdict is dated April 28, and April 29 was the last day of our final exams," said the complainant, who has since graduated.
"They waited long enough to let him walk out of campus untouched, even after both the ICC and the appeal upheld my complaint. They handed me the envelope with the appeal decision an hour after the last exam."
Justice delayed is justice denied?
The incident took place on October 13, 2024. The complaint was filed on November 16, 2024, on which date the first ICC meeting of inquiry took place. The ICC submitted its decision on January 25 this year.
The complainant was never informed of an appeal against the ICC decision. Upon requesting a copy of same, the administration told her that there existed no written rule to give her the appeal application. However, after she sent them an email, she received a copy of the appeal.
The appeal has been dated April 28, but was given to the complainant on April 29, incidentally the last day of the end semester examination.
Both the University Grants Commission (Prevention, Prohibition and Redressal of Sexual Harassment of Women Employees and Students in HEIs) Regulations, 2015 and the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 lay down strict timelines for handling sexual harassment complaints.
Under the UGC Regulations, the ICC must complete the inquiry within ninety days. The ICC has to submit the report within ten days of completing the inquiry with the Executive Authority and the University must act on the recommendations within thirty days unless an appeal has been filed within a limitation period of thirty days.
The complainant said though the process was completed within prescribed time limits, the ICC and appellate body's recommendations for the student could not be implemented as he had graduated when the decision was released.
Further concern was raised that the appellate body's decision was announced after the final year examination, leaving no room for administrative action against the accused.
The accused student challenged the ICC recommendations as being disproportionate to his acts and submitted his academic journey at MNLU Nagpur, which painted the picture of being an achiever and an excellent academic performer.
The Appellate Authority stated,
"In our opinion, the penalties recommended in the Report in no way create any further hindrance in the future pursuits of the Appellant and are proportionate to the acts committed."
The big picture
Bar & Bench spoke with MNLU Nagpur Vice-Chancellor Prof (Dr) Vijender Kumar, who stated he did not want the incident to affect the academic achievements of both the bright students, who are now budding lawyers.
When asked whether the proceedings were concluded within the prescribed time frame or whether influenced by the academic calendar, he stated,
"All proceedings happened in time and within the law."
This case adds to growing criticism that redressal mechanisms in Higher Educational Institution (HEIs) are being hollowed out in a bid to suppress controversy, protect reputational interests and shield young adult offenders.
Under the UGC Regulations, institutions are obligated to act on ICC findings and treat sexual harassment as a violation of disciplinary rules leading to rustication and expulsion if the perpetrator is a student.
MNLU Nagpur, on the other hand, allowed the accused student to write his final exams and graduate.
The survivor said,
"We speak about 'zero tolerance' for sexual harassment but in the end, he graduated with a clean record. I am the one left with the burden of knowing that speaking up changed nothing."