HC strikes down MSHRC order against college management over sexual harassment complaints

A division bench struck down the MSHRC’s April 2021 order, primarily on the ground of breach of principles of natural justice, as it was passed without issuing notice to or hearing the management

MUMBAI: The Bombay High Court has set aside a Maharashtra State Human Rights Commission (MSHRC) order that had recommended action against the management of a prominent city-based educational institute for allegedly ignoring complaints of sexual harassment by two women professors.

Mumbai, India - Aug. 28, 2015 : Bombay High Court : ( Photo by Bhushan Koyande )

A division bench of justices Bharati Dangre and Manjusha Deshpande struck down the MSHRC’s April 2021 order, primarily on the ground of breach of principles of natural justice, as it was passed without issuing notice to or hearing the management.

According to one of the complainants, she worked as an assistant professor at the college in 2003-04 and faced repeated harassment by the then principal. She alleged that the principal touched her inappropriately on several occasions and told her that she should become his girlfriend to ensure her career progression.

The professor said she lodged a complaint with the college management in 2007, but no action was taken against the principal. She eventually approached the police in 2018, following which an FIR was registered against the principal. However, she claimed that nothing was done by the police as well.

The second complainant, a professor from Umrer in Nagpur district, alleged that she faced unwelcome sexual advances and harassment at the hands of the college principal when she visited the city for a conference in 2016. She too claimed that despite lodging a police complaint and an FIR being registered against the principal, no further action was taken.

Eventually, in 2019, the women approached the MSHRC, complaining about the lack of action on their complaints. On April 26, 2021, the commission held that at least two members of the college management were “fully aware” of the principal’s behaviour but failed to act.

The MSHRC ordered departmental action against the erring police officers and directed them to pay ₹5 lakh as compensation to the women. It also asked the University of Mumbai (MU) to take appropriate action against the college management for ignoring the complaints against the principal, who died in September 2020.

The high court, however, noted that the college management was not made a party to the proceedings before the commission. It held that without issuing notice or granting an opportunity of hearing, the MSHRC could not have passed the order against the college management presuming all the allegations leveled against it were true. Accordingly, the high court struck down the order issued to MU.