New Delhi: The Vice Chancellor (VC) of the West Bengal National University of Juridical Sciences (WBNUJS), one of India’s premier law institutions, will have to record details of the sexual harassment charges levelled against him in his resume, the Supreme Court ordered on Friday.
The bench of Justice Pankaj Mithal and Justice Prasanna B Varal dismissed a petition filed by a faculty member against the VC Nirmal Kanti Chakrabarti on grounds of delay in registering a complaint, but said such actions “may be forgiven but allowed to haunt the wrongdoer forever”.
“In this view of the matter, we direct that the incidents of alleged sexual harassment on part of respondent no1 may be forgiven but allowed to haunt the wrongdoer forever. Thus, it is directed that this judgment shall be made part of the resume of respondent no 1, compliance of which shall be strictly ensured by him personally,” the Bench ordered.
The court dismissed the petition after noting that the survivor had lodged a formal complaint on December 26, 2023, months after the purported sexual harassment last took place in April that year. She registered a complaint with the Local Complaint Committee (LCC), which rejected the matter as “time barred”, since she came forward not only after beyond the prescribed period of limitation of three months but also beyond the extendable period of limitation of six months.
According to the faculty member, Chakrabarti joined the university as the VC in July 2019. Two months later on September 8, he allegedly called her to his office and insisted she accompany him for dinner “which would greatly benefit her personally”.
“He even touched her hand in a manner that made her extremely uncomfortable, whereupon, she left his office quietly. The VC again called her to his office in October 2019. He asked her whether she had thought over his proposal for going out for dinner. The appellant told him that she is not comfortable and wants to keep the relationship strictly professional. The VC, thereafter, demanded sexual favours from her and threatened her if the offers were declined, it was alleged.
In October 2019, the woman’s promotion was put on hold till the Executive Council, on April 2, 2022, cleared her elevation.
On August 29, 2023, the woman was removed as director, Centre of Financial, Regulatory and Governance Studies.
Around the same time, a few complaints were raised against the survivor and subsequently, a probe was launched into allegations of misutilisation of the grant received from the University Grants Commission (UGC).
“The Executive Council resolved that a sum of Rs 100,000 be refunded immediately by the WBNUJS. Thereafter, the appellant allegedly made complaints of harassment and victimisation to the members of the Executive Council through e-mails and even to the chancellor,” the judgment said.
“The incident of removal of appellant as the Director of CFRGS cannot be attributed as an act of sexual harassment in connection with the previous incidents. It was based upon the report of NFCG, an independent body… the said act would also not amount to an act of sexual harassment in conjunction with the previous reported acts,” it added.
