Opinion Express View on Gujarat National Law University: Campus in the dock
Conduct of Gujarat National Law University vis-a-vis students’ sexual harassment complaints frames an institutional failure
A decade after the passage of the POSH Act, which followed the December 2012 gangrape in Delhi, institutions have no excuse for failing to put in place measures that create a safe and non-discriminatory environment. 
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How will these people protect the children?” asked the Gujarat High Court on February 28, as it pulled up authorities at the Gujarat National Law University (GNLU) for “suppressing” complaints about incidents of “rape, molestation, discrimination, homophobia ” on campus. The Bench, led by Chief Justice Sunita Agarwal, was responding to the contents of a sealed report by a fact-finding committee that had enquired into allegations of sexual assault and harassment made by students. The findings of the report, described by the Bench as “scary”, point towards a disturbing institutional failure — in ensuring the safety of students, and following the mandated procedures for investigating allegations of this nature.
A recap of the saga serves as a guide on how not to act when complaints of sexual assault and harassment are made. Following a news report on September 22 last year, based on anonymous Instagram posts by GNLU students, the High Court took cognisance of the matter and issued a notice to the university to confidentially record students’ statements and take the necessary steps if the allegations were found to be genuine. The independent fact-finding body set up to look into the complaints included the chairperson of the GNLU’s internal complaints committee (ICC), creating the possibility of a conflict of interest.
The body was disbanded when the Court raised concerns about its independence. The HC also noted in its order that “the intimation about such alleged incidents was received by the registrar GNLU as per his own admission on September 19, 2023. The manner in which the inquiry is being done by the university, seems to be an effort to cover up the issue to save the image of the institution.” A new fact-finding committee was formed, this time headed by a retired High Court judge. It was this committee’s report, submitted last week, that evoked a strong response from the Bench — over the incidents, a practically defunct ICC and “lack of information to students about ICC”.
A decade after the passage of the POSH Act, which followed the December 2012 gangrape in Delhi, institutions have no excuse for failing to put in place measures that create a safe and non-discriminatory environment. The provisions of the Act put the onus of ensuring harassment-free workplaces and campuses not just on individuals, but also on institutions. The Court has rightly put GNLU in the dock for failing in its duty towards its students, for making it difficult for them to speak up and suppressing the voices of those who dared to, and for carrying out an investigation that was “an eyewash”. Its strong words should echo not only through GNLU, but through campuses across India: Student safety cannot take second place to so-called institutional reputation and prestige.
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