[GNLU-Queerphobia, Rape Allegations] 'Fact-Finding Panel's Report Is Scary, Students' Voices Suppressed': Gujarat HC Castigates University Admin

In a scathing observation, the Gujarat High Court today castigated the Gujarat National Law University (GNLU) administration for 'suppressing' allegations made by two students regarding queerphobia and rape on the University campus.

Describing the sealed cover report submitted by the reconstituted Fact-Finding Committee, which was constituted to look into the allegations, as "scary", a bench of Chief Justice Sunita Agarwal and Justice Aniruddha P. Mayee asserted that the GNLU administration had deliberately concealed the entirety of the incident.

The court further observed that this was not an isolated occurrence as the report of the committee had indicated that similar incidents had transpired on the campus. The Court added that the affairs at the GNLU and its faculty members required a high-level inquiry.

"Incidents of molestation, rape, discrimination, homophobia, favouritism, suppression of voices, lack of Internal Complaint Committee are reported...and then this is an NLU! Its registrar filed an affidavit before us saying nothing happened and asked us to close the matter and he had the audacity to say this before us when the court was seized with the matter," the Court orally remarked.

The Court made these observations while dealing with the suo moto matter pertaining to rape allegations made by a second-year law student against her batchmate and harassment of a queer student at the GNLU. The court had earlier taken strong exception to the working of the Institute's internal fact-finding committee concerned with the issue in question.

Taking note of the statements of the students recorded by a reconstituted Fact-finding committee in its report, the Court also observed that it was difficult for the students to speak up about the incidents.

"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? They are supposed to help others...The victim stated that a politically influential person had been involved in suppressing the incident before the Police...How can we assume that the students are stating wrong, why would they do it? They have no personal grudges against anyone," the Court said.

"I am most concerned about law students...they are the protector of the law...if this is happening in a law college then we can not show our faces to anyone and all these lectures, and seminars go to rubbish...This is the state of affairs in a law college," the Court added.

The Court also asked the Advocate General for the State Kamal Trivedi to apprise the bench about who is the competent authority to take action based on the report of the fact-finding committee. 

In its oral observation, the Court also noted that there were allegations against a male faculty member of the University and how the GNLU administration took offence to the Instagram posts (containing allegations of queerphobia, and rape) and they adopted an adversarial approach.

"This is the scariest part of the report," the Court remarked as it directed the Advocate General to seek instructions in the matter as to the authority who would be taking action in the matter based on the report of the fact-finding committee.