Form ICC For Sexual Harassment Complaints In All Colleges : Kerala High Court

The Kerala High Court on Thursday directed the competent authorities of colleges and other statutory authorities to constitute an Internal Complaints  Committee under the UGC (Prevention, Prohibition, and Redressal of Sexual Harassment of Women Employees and Students in Higher Educational Institutions) Regulations, in every college in the State. 

Justice Devan Ramachandran passed the above order while disposing the petitions challenging the notification issued by the Higher Education Department barring female students from going out of the Hostel after 9.30 PM.

It directed that the same shall be done within 2 months from the date of receipt of copy of the judgment. 

"....I direct the competent authorities of colleges and such other statutory authorities to ensure that the Internal Committee in terms of the UGC Regulations Against Sexual Harassment is constituted in every college and notifications to that effect is constituted and published within 2 months from the date of receipt of copy of judgment. As far as UGC Regulations on Implementation of Promotion of Equity in Higher Educational Institutions is concerned, the guidelines therein shall also be fully implemented in all colleges and they shall be ensured by the supervising authorities without fail", it was observed. 

The Court in the instant case, confirmed the last interim order issued by it on December 20,2022 - closing time of gates for both girls and boys now is 9.30 P.M as ordered by the government. It also took note of the suggestions given by Senior Government Pleader T.B. Hood that if a student requires to leave the hostel after the said time, he or she could do so after obtaining permission from the warden or the faculty in charge. However, the court made it clear that the request shall not be rejected when reasons are valid. 

The petitioners in the instant case are represented by Advocates V. Harish and Rajan Vishnuraj. Government Pleader Parvathy Kottol, Standing Counsel of Kerala University of Health Science P. Sreekumar, and Standing Counsel of Kerala Women's Commission Parvathy Menon appeared on behalf of the respondents.

Case Title: Fiona Joseph v. State of Kerala

Citation: 2022 LiveLaw (Ker) 662