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| Accused fail to appear before Deputy Commissioner | | Alleged Sexual Harassment Case | | K Koushal
Early Times Report
Jammu, Apr 5: As the Registrar of the Baba Ghulam Shah Badshah University (BGSBU), Prof Asghar Ali Shah- accused of sexual harassment with one of the girl student of the university, Warden Girls Hostel and Administrative Officer of the varsity failed to appear before the Deputy Commissioner (DC) Rajouri on Thursday, a communication issued by the DC Rajouri stated that the case is likely to be handed over to district an police for registration of a FIR.
As per communication by the Deputy Commissioner (DC) Rajouri-Shahid Iqbal Choudhary a complaint was received through registered speed post from students of BGSBU Rajouri addressed to District Magistrate regarding alleged sexual harassment by a senior faculty member. A compact disc containing telephonic conversations and other statements were also received wherein prima facie a case was made out. The complainant also alleged that matter was brought into notice of higher authorities in University however no action was taken. In view of such a complaint along with material evidence and alleged inaction by the University administration the District Magistrate, Rajouri who is also designated District Officer under the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act 2013 wrote BGSBU Vice-Chancellor to depute the Registrar and other officials for a meeting in the matter on 5th April 2018. However, instead of attending the said meeting to assist the Designated Authority under law a university official wrote to the district authorities to hand over the complaint and evidence to the university administration for examination and action "if any" on the grounds that university has an internal committee for such complaints. It is pertinent to mention here that every organisation with minimum 10 employees has to constitute an Internal Complaints Committee (ICC), and District Administration at the outset too expected such a mechanism to be in place at BGSBU like any other organization. However, as per the provisions of the Act wherever a complaint is against the head of an organisation or wherever the ICC has not delivered justice the complainant has to approach the "Local Complaints Committee" (LCC) which is headed by the District Officer under the Act i.e District Magistrate or the DM may constitute a LCC for specific complaints.
It is assumed that the University management has taken a wrong stand confusing the mandate of ICC with that of LCC or the District Magistrate. It has also been held by the High Court that in such cases Criminal Proceedings are also to be initiated. The District Officer under the Act (District Magistrate) in a professional manner after examination of evidence and seriousness of complaints offered an opportunity of being heard to the University management however the cooperation solicited did not come forth.
In view of sensitive nature of complaint and identity of complainant to be kept secret the case is likely to be handed over to district police for registration of an FIR and regular investigation in the matter if required support is not extended by the university management in addressing the complaint. Further investigation in the matter will proceed as per law. Pertinently, few weeks ago an anonymous complaint alleging sexual harassment by Prof Asghar Ali Shah was addressed to the University authorities. Later, the complaint was addressed to the Deputy Commissioner Rajouri seeking action against the accused. |
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