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JU Sexual Harassment

HC orders re-probe

Staff Correspondent
The High Court yesterday declared illegal Jahangirnagar University authorities' decisions of exonerating drama and dramatics faculty member Sano war Hossain Sunny from sexual harassment charges and suspending six students on charge of assaulting him.
The HC bench of Justice Syed Mahmud Hossain and Justice Quamrul Islam Siddiqui also directed the JU authorities to hold a fresh enquiry into the incident and take action against the alleged persons. The bench insists that neutral persons conduct
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the fresh enquiry in line with the HC's recent guidelines on sexual harassment.
The same bench on May 14 upon a writ directed the authorities concerned to form a five-member harassment complaint committee headed by a woman at every workplace and institution to investigate allegations of harassment of women.
The majority of the committee members must be women; ioruled.
It also issued a set of guidelines defining sexual misdemeanours to prevent any kind of physical, mental or sexual harassment of women, girls and children at workplaces, educational institutions and other public places including roads across the country. The HC bench yesterday delivered the verdict upon a writ filed jointly by Ain o Salish Kendra (ASK), Nijera Kori, Karmojibi Nari, Prof Serajul Islam Choudhury, journalist Kamal Lohani and five exploited students of the university challenging legality of the JU authorities' actions on the issue of sexual harassment.
Citing some judgments of the Supreme Courts of Bangladesh, India and Pakistan, the HC in its verdict held that corroboration was
not always required to prove allegations of sexual violence.
The HC bench further said the standard of 'beyond a reasonable doubt' could not be applicable in cases of this nature, relating to disciplinary enquiries regarding allegations of sexual harassment.
The court also noted that JU authorities had failed 'for reasons best known to themselves' to adopt their own guidelines on sexual harassment. Therefore in absence of any abplicabld law, thd'High Court's new guidelines should be applied to any fresh enquiry.
In May 2008, four female students of JU made complaints of serial sexual harass -ment against Sanowar Hossain Sunny, chair of the drama department
The JU authorities formed three separate enquiry committees, which examined witnesses and issued reports with clear findings against the drama professor.
During this period, the students continued to face threats and harassment On September 13, 2008, the university authorities announced that Sunny was "exonerated from all charges of sexual harassment as those had not been proved beyond a reasonable doubt".
Later the university author-
ities also proceeded to pass orders of temporary expulsion against four of the women complainants and two male students who had given evidence in their favour.
The temporarily expelled are Nazmul Islam Anik, Anjali Islam Shimu, Inunnahar Putul, Fahim Sharmin Dipti, Shahdatullah Rumon, all students from the 34th batch of the department and Chinmoy Gupta from 33rd ^tchr
Prof Serajul Islam Choudhury and others filed a public interest petition challenging the university authorities' decision and action. Later the victim-complainants and the two other students also became parties to the petition.
Responding to the writ, the HC on December 1, 2008 issued a rule upon the university authorities to show cause why their decisions exonerating Sunni from the charges and suspending the six students should not be declared illegal.
The court also stayed the university syndicate's order suspending the students who had staged demonstration to press home their demand for removal of Sunny.
Barrister Sara Hossain and advocate Ruhul Quddus Babu appeared for the petitioners.