We, the undersigned faculty and student members of Gender Sensitisation Committee Against Sexual Harassment (GSCASH) who have been elected by the faculty and students of JNU to ensure gender justice in the university (2017), are shocked by the news report on the recommendations of the Internal Complaints Committee’s (ICC) for a specific case. The report published in Indian Express (13.12.2018) states that the ICC found the complaint a frivolous one after inquiry and consequently has recommended that the complainant be completely debarred from entering JNU Campus, her degree should be withdrawn, and that she should never be allowed to take up any course or employment in JNU.
As per the ICC Rules and Procedure, Rule No. 11 states the “Action against frivolous complaint” in order “to ensure that the provisions for the protection of employees and students from sexual harassment do not get misused”. It further states “If the ICC concludes that the allegations made were false, malicious or the complaint was made knowing it to be untrue, or forged or misleading information has been provided during the inquiry, the complainant shall be liable to be punished as per the provisions of sub- regulations (1) of regulations 10, if the complainant happens to be an employee and as per sub-regulation (2) of that regulation, if the complainant happens to be a student. However, the mere inability to substantiate a complaint or provide adequate proof will not attract attention against the complainant. Malicious intent on the part of the complainant shall not be established without an inquiry, in accordance with the procedure prescribed, conducted before any action is recommended”. Continue reading JNU GSCASH statement on ICC punishments for complainant