Read Time: 06 minutes

Synopsis

In a significant rebuke, the Gujarat High Court has criticised the Gujarat National Law University (GNLU) administration for its handling of grave allegations involving queerphobia and rape within its campus.

The High Court expressed alarm over the findings of a fact-finding committee investigating allegations of harassment, including incidents of molestation, rape, discrimination, and homophobia, at GNLU, Gandhinagar. The court described the committee's report as "really scary," underscoring the serious nature of the accusations within the institution.

The controversy surfaced following disturbing accounts from two GNLU students, leading to a public outcry and the subsequent initiation of a suo motu Public Interest Litigation by the High Court based on reports from the Ahmedabad Mirror dated September 22, 2023. The PIL was prompted by reports of a queer male student suffering mental trauma due to harassment and a female student accusing a batchmate of rape.

A division bench comprising the Chief Justice Sunita Agarwal and Justice Aniruddha P Mayee, highlighted the distressing conditions faced by students. Underscoring a systemic failure within the institution, the Court expressed its astonishment at the GNLU Registrar's affidavit, which claimed no such incidents had occurred and requested the closure of the matter. "Incidents of molestation, rape, discrimination, homophobia, favouritism, suppression of voices, lack of Internal Complaint Committee are reported...and then this is an NLU!" the Court remarked, questioning the audacity of the registrar's denial in light of the serious allegations at hand.

The court lambasted upon the GNLU administration's adversarial response to students' Instagram posts detailing their experiences of queerphobia and rape, and observed, "That is the scariest part of the report. After parents, teachers and faculty in a residential college play the role of parents. They have taken the post as something meant to tarnish the image of the university."

The court noted the irony of such incidents occurring within a law university, where students are taught the principles of law and justice.  "It was so difficult for the students of the GNLU to speak up and they are students of Law. If the voices of Law students are suppressed, who will speak in the country?" the bench stated, lamenting the disregard for the welfare and rights of the students.

The court also noted allegations involving a "politically influential person" attempting to prevent a police complaint and the removal of social media posts detailing the alleged abuses.

The fact-finding committee, reconstituted upon the court's instruction and led by Justice (Retired) Harsha Devani, was praised for its thorough investigation into the alleged incidents. 

In response to the alarming revelations, the high court called for a high-level inquiry into the conduct of certain faculty members, the registrar, and the director of GNLU, pointing to the need for systemic changes within the institution.

The Court has also called upon Ms. Krina P. Calla, the learned amicus curiae, and Mr. Kamal B. Trivedi, the learned Advocate General, to assist the court in ascertaining a competent authority to take appropriate action based on the committee's findings.

The matter is now scheduled for further hearing on March 12.