[Reader-list] HC notice to St Stephen's College in anti-sexual harassment ordinance case

[Adreesh Katyal]

Court issues notice to Delhi University, St Stephens College

New Delhi, Apr 13:
http://www.webindia123.com/news/states.asp?state=ES14%2CDelhi&count=4&action=fullstory&n_date=ES14%2CDelhi4%2F14%2F20054

Delhi High Court today issued notices to the University of Delhi, St
Stephens College and its principal Anil Wilson on the petition of a
lecturer and others for not constituting a College Complaint Committee
(CCC) on sexual harassment.

Justice Gita Mittal served notices to the University through its
Registrar, St Stephens College and Dr Wilson, the principal of the
college.

''Despite the University Authorities taking steps to create and
maintain an academic and work environment free of sexual harassment
for students, academic and non-teaching staff of the University, the
Executive Council of St Stephens college did not constitute the CCC,''
said the petition filed by Counsel Manish Bishnoi on behalf of Ms
Nandita Narain, the Head of the department of Mathematics, Karen
Gabriel and Keshav Dutt.

While pronouncing the judgement in the ''Vishaka vs State of
Rajasthan'' in 1997, the Supreme Court had directed that whether or
not such conduct (sexual harassment) constitutes an offence under law
or a breach of the service rules, an appropriate complaint mechanism
should be created in the employer's organisation for redress of the
complaint made by the victim and therefore provided for constitution
of complains committee.'' The University of Delhi in an ordinance had
directed for the constitution of CCC, University Units Complaints
Committee (UUCC), Central Pool Complaints Committee (CPCC) abd the
Apex Complaints Committee (ACC) in all colleges of the university.

The Forum against Sexual Harassnment (FASH) also brought to the notice
of the Vice-Chancellor of the University about the non-formation of
the CCC in the St Stephens College.

The teachers of the college gave a representation to the Principal to
reconsider the decision of the governing body of the college on
September 27, 2004 for not constituting the CCC.

The Principal had given a letter to Ms Narain saying that the
institution was governed by a body representing the minority
community.

Dr Wilson said the institution has christian character and minority
character, so it did not require such a body, the petition alleged.

The petition has sought direction from the court to the University for
taking appropriate action against the college for not taking steps in
accordance with the apex court order.


o o o o o o 


HC seeks explanation from Stephen's on sexual harassment Ord

Press Trust of India
New Delhi, April 13, 2005|22:09 IST
http://www.hindustantimes.com/news/181_1319062,000600010001.htm


The Delhi High Court on Wednesday sought explanation from prestigious
St Stephen's college on an allegation that it has given a go-by to an
ordinance passed by the Delhi University providing for prohibition and
punishment for sexual harassment of women.

Issuing notices to the college, its principal Anil Wilson and
University of Delhi, Justice Gita Mital posted the matter for hearing
on May 17.

The petition filed by two teachers and a non-teaching staff of the
college has sought court's direction for the university to take
appropriate action against the St Stephen's college for not
implementing the Ordinance XV (D) framed by university on the issue of
sexual harassment.

Senior advocate Jayant Bhushan and Manish K Bishnoi, appearing for the
petitioners, submitted that the ordinance was framed to effectively
deal with the issue of sexual harassment in university pursuant to the
guidelines provided by the Supreme Court in Vishaka's case in 1997.

However, after initiating steps to implement ordinance and the process
of constituting College Complaints Committee was started, the
principal abruptly stopped the process on the ground that university
ordinances dealing with administrative issues were not applicable to
the minority college which require approval by the governing body,
they alleged.

"The principal has desperately tried to link this issue with
'Christian character' and 'Minority character' of the institution,"
the petitioners said quoting a reply from principal to the
representation given to him by the teachers and staff of the college
to reconsider the decision of the governing body and seeking
implementation of the Ordinance.

The counsel submitted that the Ordinance provides that the CCC will
consist of two elected/nominated teachers representatives, two from
non-teaching representatives, three students representatives to be
elected from Gender Sensitizing Committee.

Apart from these seven members, two persons with known contribution to
women's issues are to be co-opted by the Committee from outside the
college as the per the guidelines of the apex court in Vishaka's case.

The petitioner alleged that more than a year has lapsed since the
University Ordinance was framed but Delhi University did not take
effective steps for its proper implementation in the college.

With a view to safeguard and protect the fundamental rights of the
working women, the apex court in Vishaka case in 1997 has laid down
binding guidelines and norms for due observance at workplaces and
other institutions until a legislation is enacted for the purpose.