The Supreme Court of India has issued an order in a sexual harassment case against the Vice Chancellor (VC) of the West Bengal National University of Juridical Sciences (NUJS), Prof. Nirmal Kanti Chakrabarti. Whereas the Court threw out the complaint due to delay in filing outside statutory time limits, the top court ordered the judgment elaborating on the alleged transgression to be added permanently to the resume of the VC so that the incident “haunts the wrongdoer forever”.
Background
The complaint had been initiated by a female professor who accused the Vice Chancellor of serial sexual harassment right from soon after his appointment in July 2019. She accused of him of made unwanted advances, demanded private meetings, tried to persuade her to join him on tours, and took revenge by hindering her professional advancement. The most recent incident referred was in April 2023 when the VC reportedly invited her on a resort vacation, which she declined, then threatened her career.
She lodged a complaint in written form to the university’s Local Complaints Committee (LCC) in December 2023. This was long past the three-month statutory timeline mandated under the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, commonly known as POSH Act, as well as the six-month timeframe extendable at the discretion of the LCC. The LCC, based on this delay, rejected her complaint as time-barred.
Court Proceedings and Judgment
The Supreme Court bench, consisting of Justices Pankaj Mithal and Prasanna B Varale, confirmed the dismissal on grounds of limitation but severely criticised the alleged behaviour of the VC. They observed that law requires complaints to be prompt for procedural fairness but maintained that such act itself should not dissipate or be forgotten just because of technicalities.
The Court’s direction was noteworthy, forgiving the accused on technical grounds, it directed that the judgment laying out the detailed allegations and findings be included in the VC’s official resume. The Court made sure to stress that fulfilment of this direction has to be personally ensured by the VC himself.
Broader Significance
This judgment highlights the judiciary’s attempt to match legal formalities with moral accountability in sexual harassment cases in the workplace. By directing the VC to bear the after-effect of these charges on his professional qualification record, the Court conveyed a powerful message that sexual misconduct cannot be covered up, even if procedural failings prevent legal sanctions.
The case also highlights delay in filing harassment complaints and organisational management, which necessarily affect victims’ justice. The Supreme Court’s rare but symbolic verdict could lead to more awareness and reforms guaranteeing victim protection without procedural loopholes.
What to Conclude?
The Supreme Court’s directive in the NUJS sexual harassment case is a milestone ruling balancing judicial delicacy with moral insistence on long-term accountability. In directing the VC to make public the charges in his curriculum vitae, the highest court has added a novel facet of social justice which “forgives but does not forget,” and established a precedent in dealing with institutional sexual harassment in India.
