If you are stuck in such a situation, here is what to do.

A serious situation has come to light at the esteemed National Institute of Applied Sciences in the city of Vidyanagar. A complaint of sexual harassment has been lodged against a senior professor, Dr. Alok Sharma, through the National Grievance Redressal Portal. Following the complaint, police officials were seen visiting the department, likely to conduct a preliminary inquiry. There is significant concern among the student body and staff that the university might form an internal committee comprising individuals who are close associates of the accused professor, including the Head of Department, the Dean of the Faculty, and the Dean of Student Affairs. This raises serious questions about the possibility of a fair and impartial investigation.

Professor Sharma is not new to such allegations. About a decade ago, he was reportedly on the verge of being held responsible for sexually harassing two female students but managed to secure an out-of-court settlement after his initial threats failed. In recent years, while serving as the Head of Department, there have been numerous whispers and accounts of his inappropriate conduct, including engaging in unprofessional relationships with students and even threatening a student who raised concerns about his behaviour towards her friend. Many students have reportedly been forced to abandon their studies due to the hostile environment created by the professor and his influential circle. This group projects an image of invincibility, which intimidates victims and witnesses, preventing them from coming forward. The administrative hurdles they create often cause complainants to give up. The current goal is to ensure transparency, hold the perpetrator accountable, and create a safe environment where more victims feel empowered to report such misconduct.

Advice in such cases

Navigating such a sensitive and complex situation requires a strategic and informed approach. Here are some steps to consider:

• Document Everything: Keep a detailed record of all incidents, including dates, times, locations, what was said or done, and who was present. This documentation can be crucial.
• Understand the Internal Committee (IC): Every educational institution is mandated to have an Internal Committee under the POSH Act. Familiarize yourself with its composition rules. The committee must have an external member to ensure impartiality.
• Challenge a Biased Committee: If you have valid reasons to believe the IC is biased, you have the right to formally object to its composition. This objection should be submitted in writing to the university administration, detailing the grounds for a conflict of interest.
• Use the Right to Information (RTI) Act: You can file an RTI application to the university’s Public Information Officer (PIO) to seek information. However, be aware that information about a third party’s complaint might be denied under privacy clauses, but you can argue it is in the larger public interest. You can certainly ask for details about the formation of the IC and the university’s policies on sexual harassment.
• Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think.

Applicable Sections of Law

Several laws are relevant in this scenario to protect the victim and ensure justice:

• The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (POSH Act): This is the primary legislation dealing with sexual harassment in workplaces, which includes universities and educational institutions. It mandates the formation of an Internal Committee (IC) to investigate complaints and provides a time-bound redressal mechanism.
• Bharatiya Nyaya Sanhita, 2023 (BNS): The new penal code of India contains provisions that can be invoked.
  • Section 73 of BNS: This section specifically deals with the offence of sexual harassment and its punishments.
  • Section 351 of BNS: This section addresses criminal intimidation. If the professor threatened students, a case could be filed under this section.
• Right to Information Act, 2005: This Act can be used to seek information from public authorities like a Central University regarding procedures, committee compositions, and actions taken on complaints, subject to certain exemptions.

If you are the complainant

If you have filed the complaint, your role is proactive and crucial. Here is what you should focus on:

• Formal Written Complaint: Ensure your complaint to the Internal Committee is in writing, detailed, and submitted within the prescribed time limit (usually three months from the last incident).
• Follow Up: Stay in regular contact with the IC to track the progress of your complaint. The POSH Act mandates that the inquiry be completed within 90 days.
• Preserve Evidence: Systematically organize all evidence you have, such as emails, messages, recordings, or names of potential witnesses.
• Police Complaint: The POSH Act does not bar you from filing a police complaint simultaneously. If the harassment involves criminal acts like intimidation or assault, you should file an FIR at the local police station.
• Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think.

If you are the victim

If you are a victim of harassment and have not yet filed a complaint, your safety and well-being are the top priority.

• Seek Support: Confide in someone you trust, whether it’s a friend, family member, or a professional counsellor. You do not have to go through this alone.
• File a Complaint with the IC: The first formal step is to approach the university’s Internal Committee. This is your right, and the institution is legally obligated to provide a safe and confidential mechanism for it.
• Consider a Police Case: Depending on the severity of the harassment, you can approach the police and file an FIR under the relevant sections of the Bharatiya Nyaya Sanhita (BNS).
• Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think.

How the police behave in such cases

When a sexual harassment complaint escalates to the police, they have a defined role. Initially, they may conduct a preliminary inquiry to ascertain the facts, as seen in this case. If the complaint discloses a cognizable offence (a serious crime for which police can arrest without a warrant), they are obligated to register a First Information Report (FIR). The investigation will then proceed under the framework of the Bharatiya Nagarik Suraksha Sanhita (BNSS), which sets out the procedures for investigation and trial. The police investigation can run parallel to the inquiry conducted by the university’s Internal Committee. The findings of the IC can also be submitted to the police as evidence.

FAQs people normally have

Can a third party file an RTI to get details of a sexual harassment complaint?

It is difficult. Section 8(1)(j) of the RTI Act exempts the disclosure of personal information that has no relationship to any public activity or interest, or which would cause an unwarranted invasion of the privacy of the individual. A complaint of sexual harassment is highly personal. However, an RTI can be filed to ask for anonymized, statistical data on the number of complaints received and disposed of, or for details about the IC’s composition and procedures, arguing it is in the larger public interest to ensure accountability.

What if the Internal Committee is biased?

If there is a clear conflict of interest (e.g., members are close friends of the accused), the complainant can raise a written objection with the head of the institution. If the concern is not addressed, legal recourse can be sought by challenging the fairness of the proceedings in a court of law.

Can an IC inquiry and a police investigation happen simultaneously?

Yes, both proceedings are independent and can occur at the same time. The IC inquiry is a civil proceeding to ensure workplace safety, while the police investigation is a criminal proceeding to punish the offender under the law.

What evidence is required?

Evidence is key in both IC inquiries and police investigations. It can include:

• Digital communication like emails, text messages, or social media chats.
• Audio or video recordings (admissibility may depend on circumstances).
• Testimonies from witnesses who saw or heard the harassment.
• A personal diary or notes detailing the incidents as they occurred.
• Any CCTV footage, if available.

How long will the investigation take?

The POSH Act sets a clear timeline. The Internal Committee must complete its inquiry within 90 days of receiving the complaint. After the inquiry report is submitted, the employer (the university) has 60 days to act on its recommendations. A police investigation under the BNSS also has timelines aimed at ensuring a speedy process, though complex cases can sometimes take longer.

Advocate Sudhir Rao, Supreme Court of India