LAWS(P&H)-2019-10-26

MADAM X Vs. CHANCELLOR, PANJAB UNIVERSITY

Decided On October 15, 2019
Madam X Appellant
V/S
Chancellor, Panjab University Respondents

JUDGEMENT

(1.) Impugned herein, inter alia, are Punjab University (for short PU) Senate proceedings dated 21.01.2017 and 29.01.2017; Syndicate proceedings dated 10.01.2018 and 17.02.2018; and letters dated 20.03.2018 and 19.07.2018 being Annexures P-20, P-21, P-24, P-25, P-27 and P-31, respectively. The same are stated to be in violation of provisions of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (for short 'the Act').

(2.) A consequential relief for issuance of a writ in the nature of mandamus and/or otherwise has been sought directing respondent No.1 the Chancellor of the University to constitute/nominate a Committee to inquire into the complaint of the petitioner, as per the provisions of the Act.

(3.) The case in hand pertains to a complaint of sexual harassment by a lady Professor, perhaps, one of the Senior most Professors in the country against the then Vice Chancellor of the University with an underline thread that such a harassment creates an unequal work field for women in India. The petitioner is stated to have more than 03 decades of teaching experience to her credit as a Professor and also has been a Senator and remained a Syndic (Member of the Syndicate) of the University. The memo of parties filed originally in the writ petition cited the name of the complaint (petitioner)/victim and the alleged perpetrator (respondent No.3) of sexual harassment. But taking notice of serious nature of allegations levelled by the petitioner against respondent No.3, it was felt that the veracity and the outcome of the adjudication would have the potential of harming the reputation of either of parties, depending upon eventual outcome of the adjudication of the complaint filed by petitioner. In the premise, given that the right to privacy and right to live with dignity are inherent under Article 21 of Constitution of India, vide an order passed by this Court, it was directed to change the title of the case by stating the petitioner as Madam 'X' and respondent No.3 as Mr. 'Y'.