SOMAYA GUPTA Vs. JAWAHARLAL NEHRU UNIVERSITY AND ANR

JUDGEMENT

(1.) The petitioner has filed the present petition, inter alia, challenging the constitution of the Internal Complaints Committee (hereafter 'ICC') constituted in terms of Section 4 of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (hereafter 'the Act').

(2.) The petitioner claims that the ICC is biased as it was constituted by the Executive Committee of the Jawaharlal Nehru University (hereafter 'the University') which includes the Vice Chancellor and Rector-I of the University against whom the petitioner has made a complaint of sexual harassment under the Act. The petitioner also claims that constitution of the ICC is contrary to the University Grants Commission (Prevention, Prohibition and Redressal of Sexual Harassment of Women Employees and Students in Higher Institutions) Regulations, 2015 (hereafter 'the UGC Regulations') inasmuch as the ICC also includes the Chief Proctor, which is a senior administrative position in the University.

(3.) The aforesaid controversy arises in the context of the following facts:-