Strengthen the Demand for Gender Justice!

Strengthen the fight for Institutional Mechanism at Workplace!

Violation of gender justice by ICC in JNU

We, the undersigned women’s organisations, express deep anguish over the fact that the principle of gender justice is being thoroughly violated by the Internal Complaints Committee (ICC) of Jawaharlal Nehru University (JNU). The ICC has been harassing the complainants of the sexual harassment cases. Through a media report (Indian Express on December 13), it has again come to our notice that the JNU ICC has given shocking recommendations and cleared the accused in a case of sexual harassment registered with them in April 2018, outrageously targeting the complainant. The recommendation includes punitive measures for the complainant such as lifetime debarment from the JNU campus, her degree be put on hold and she should never get an opportunity to teach in the university. The report also reads that she has to be accompanied by two security women personnel all the time upon her entry to the campus even for attending procedural enquires, only after a prior intimation of such visit from the chief Proctor and chief Security Officer!

Ever since the unilateral dissolution of the GSCASH by the JNU administration this is not the first time we are hearing such disgusting recommendations being suggested by the ICC. On multiple occasions, the ICC of JNU has completely undermined the principle of gender justice and acted as the puppet of the administration. Again from the news reporting we know that a few months back the ICC leaked the confidential details of the complainants in the public domain. In one case the body issued warnings to the complainants for filing complaints against some of the faculty members from the School of International Studies (SIS). In the case of Atul Johri where eight complainants showed immense courage by filing FIR against the faculty for sexual harassment, neither the ICC nor the JNU administration have done their due of extending all support to the complainant which they are mandated to do as per the Vishakha guidelines. On the contrary, the complainants were put under pressure by the JNU admin when they illegally spoke to them through informal channels. Both the ICC and the JNU administration are still shielding the accused. The ICC also made the Vice Chancellor of the university its chief guest in a recent workshop they conducted on gender sensitisation on 22nd November 2018. There are reports of an ongoing enquiry against the VC for allegations of sexual harassment. We are appalled how an accused of sexual harassment can be invited by a body which is supposed to uphold justice for complainants. (One can also relate this to the recent event in Ambedkar University (AUD) where a faculty member who was found guilty of sexual harassment by the Committee for Preventing Sexual Harassment (CPSH) was made the chair of one of the events by the administration.) Ever since the GSCASH of JNU was replaced with the ICC under the nominated chairpersonship of Prof Vibha Tandon, a clear nexus between the administration the ICC can be noticed. What is unprecedented in this recent case is the quantum of punishment recommended by the ICC against a complainant. Perhaps no accused has ever been meted out such treatment. Along with violations one can also add the abysmal condition of the ICCs that are there in Delhi University (DU). Most of the colleges under the DU don’t have committees to look into matters of sexual harassment. On top of that having nominated members from the administration are only holding complainants back from approaching these bodies. These incidents are only going to deter the complainants from filing complaints.

There are many problematic clauses in the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, which require to be quashed. The provision for Punishment for false or malicious complaint and false evidence is one such clause that should be revoked immediately since this renders a complainant all the more vulnerable. But even if one goes by the 2013 Act, it clearly states that “Provided that a mere inability to substantiate a complaint or provide adequate proof need not attract action against the complainant under this section…..Provided further that the malicious intent on part of the complainant shall be established after an inquiry in accordance with the procedure prescribed, before any action is recommended.” It appears that the JNU ICC has not even been following the procedure mentioned in the law and in its own constitution. Above all the ICCs cannot have members nominated by the administration anywhere.

We, the undersigned, demand that a strong institutional mechanism at workplaces at every level be put in place and the constitution of such bodies must not be compromised at any cost. Else it would undermine the struggle for gender justice that women’s movement of this country has fought for so many years.

Act Now for Harmony and Democracy (ANHAD)

Shabnam Hashmi

All India Coordination Committee of Working Women (AICCWW)

AR Sindhu

All India Democratic Women’s Association (AIDWA)

Malini Bhattacharya, Mariam Dhawale

All India Lawyers’ Union (AILU)

Somdutt Sharma

All India Mahila Sanskritik Sangathan (AIMSS)

Ritu Kaushik

All India Progressive Women’s Association (AIPWA)

Kavita Krishnan

Centre for Struggling Women (CSW)

Maya John

Democratic Teachers’ Federation (DTF)

Rajeev Kunwar

Democratic Youth Federation of India, Delhi (DYFI)

Asif Siddeequi, Sanjeev Kumar

Jagori

Geetha Nambisan

Janwadi Mahila Samiti, Delhi (JMS)

Maimoona Mollah, Asha Sharma

Joint Women’s Programme (JWP)

Padmini Kumar

National Federation of Indian Women (NFIW)

Annie Raja

Pehchan

Kausar Wizarat

Pragatisheel Mahila Sangathan, Delhi

Poonam Kaushik

Purogami Mahila Sangathan

Sucharita

Saheli

Anuradha Banerji

Students’ Federation of India (SFI)

Vikas Bhadauria, Duggirala Srikrishna

Swastik Mahila Samiti

Kusum Sehgal

Seema Baquer Lawyer, Delhi

Prof Vibhuti Patel Mumbai

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