Kalakshetra: Madras HC hears students’ plea, restrains accused from entering campus
The petitioners, who requested to remain anonymous throughout the legal proceedings to avoid external interference and discriminatory treatment from the college, have revealed their identities to the court through a sealed cover.
In the writ petition dated April 11, students of Kalashetra’s Rukmini Devi College of Fine Arts sought the reconstitution of the Foundation’s IC, the suspension of the alleged perpetrators of sexual harassment at the campus, and the formulation of a gender-neutral safety policy to deal with sexual and other kinds of harassment at the institution.
Appearing for the Kalakshetra Foundation, Additional Solicitor General ARL Sundaresan objected to the petitioners’ prayer for anonymity, stating that names will be necessary to check whether action has been taken on their complaints. To this, the court said that the Foundation may be concerned only about the complaints and not the complainants. The court further restrained Kalakshetra Foundation from taking any action against students who reported the matter or participated in protests on campus, including the petitioners.
Advocate Anna Mathews, who argued for the petitioners, submitted that Kalakshetra kept dismissing complaints of sexual harassment citing the expiry of the three months time limit under the Protection of Women against Sexual Harassment at Workplace Act, 2013 (POSH). Citing that people may not be able to speak about such experiences as soon as they happen, she submitted that Kalakshetra stonewalled complaints, shielded harassers, and suspended them only after one of the alleged perpetrators was booked by the police. The petitioners were represented by senior counsel R Vaigai, along with advocates Anna Mathews and Devika.
After hearing all the arguments, Justice M Dhandapani said that the students were not satisfied with Kalashetra’s action and directed the Foundation to explain why the court should not appoint an inquiry committee to investigate the matter.
He also ordered that the identities of the students should not be disclosed and that no action should be taken against the students who agitated on campus, including the petitioners, the survivors who reported the issue, as well as the witnesses. Similarly, the court also ordered that those accused of sexual harassment should not contact the students.
The court further directed the Tamil Nadu government to submit the State Women's Commission report in a sealed cover and directed Kalakshetra and the Union government to respond to the petition.
The six respondents made party to the writ are the Kalakshetra Foundation, Union Ministry of Culture, Tamil Nadu State Department of School Education, Union Ministry of Education, Tamil Nadu State Commission for Women, and Kalakshetra director Revathi Ramachandran. The case has been posted for hearing on April 24.