Mental Harassment after Fake Sexual Harassment

[mayajose83]

For the legal helpine..

I am currently pursuing my PhD in Jamia Hamdard. Since my marriage caused some delays, after I received my JRF, I got registered into the university in last moment thus leaving me with limited choices. The guide whom I was assigned wanted me to work on an area which he claimed to be an original novel idea. Later on I realized that this was complete plagiary. Thus I requested for a change of guide and I had to start my work from scratch. But I took it as lesson for life and moved on.

For the time being,I was offered a substitute guide and my work started showing some progress. This is when some so called "well-wisher" decided to help me by sending a letter to the university, central vigilance commission and women's commission stating that my ex-guide had "sexually harassed" me. The person was pretty explicit with the physical nature of the harassment.

My ex-guide is infamous for his lack of integrity and selfish ways that he has many enemies within the department. The details mentioned in the letter made it clear that this was an inside job as I had just requested for a change of guide and the matter wasn't processed as yet.

Once my substitute guide who is also the dean of our department confronted me with this concern, I immediately stated that such a thing never occurred. Yet he was worried that it could be someone close to me who would have done the same. He was so concerned about my guide that he actually forgot the fact that no "woman" in her right senses would cook up such a story. He even mentioned that he was a little worried if he would also be caught in a similar web if he would be my guide.

Since the dean was my substitute guide, I didn't want to upset him in any way so that my research is not jeopardized. So even when he denied me a copy of the letter,I had to succumb to it. Furthermore, I was mentally harassed in his mockery of a sexual harassment committee which comprised of one lady and two men, one being my Dean himself. I was reminded by the chairperson (A lady of high ranks) of the committee that this is a matter of SHAME and mustn't be discussed with anyone(Husband included). After this drama they wanted me to write a statement stating that the letter was fabricated. In order to prove that they didn't force me to write this statement, they gave me a few days time for the same.

By this time, all my energy had drained out, yet with my ardent interest to complete my PhD, I clutched on to the last straw available. The Dean did not like me mentioning that I wished to get my brother's (who is a lawyer) opinion in writing my statement and also the fact that my guide used to make me do clerical work, so my husband approached him with a simple plea. First to get a copy of the letter which was immediately denied stating that I had no right for it since it was not addressed to me. Secondly, whether he would continue to guide me, for which he gave an affirmative stating that I'm a smart student and there is no need for me to worry. With this assurance, my husband asked me to provide them with whatever statement they needed and I did exactly the same.

In a few days time, the word gets around. The letter addressing the sexual harassment case has now been circulated to various departments. The same for which I was told that I need to file a case in case I needed it. The same one which they denied me as they were worried if I would go for publicity.The word got around in such a way that people from other departments started knowing me. At this stage I didn't know what to do but remained helpless to fight against the system as anyone who wishes to complete ones PhD would do. Furthermore, I was called by the dean and in his most "sympathetic" language he explained his spineless self.

First, that he can't be my guide because of the issue and that he is a busy man(The very next week he agreed to be the guide for another scholar). Second,that I should continue to pursue my goals with my new guide. Hardly did he know that he was crushing my dreams with those words of his. Since I was not allowed to tell anyone about the letter, I didn't know what explanation to give to anyone for me being transferred from one guide to another. So all assumed the natural cause - INCOMPETENCE. The cherry to this saga is the fact that some of my colleagues who got a whiff of this tale through some faculty decided that I must be kept away from since I have been having an illicit relationship with my guide.

All those who have contributed to this are well experienced doctorate holders or those wishing to achieve the same. Well, that is the standard that we maintain in our society. My career, my dreams... all shattered for some stupid politics.When approached, the Vice Chancellor offered me an NOC with honours to apply to another university.. but who would take me midway.Well I guess that is not their problem after all. What would they gain if someone doesn't achieve their life's goals.. After all its just a PhD.

Please guide me my next step

[admin]

The first thing I want to tell you that you're at very right place.
The second and most important thing is you must not forgo your personal happiness just because of those "loose character" government Babus. It isn't your mistake.
This problem is present in every part of our Indian system be it IIT, ISRO or whatever.

Let us come to the legalities.

Since there is no hope left, you must not show even little sympathy to the culprits or exactly "the group of culprits". So let us bring them to book. And we'll ask your only least time.

Yours is a very clear case of sexual harassment as per Supreme Court's Vishaka Guidelines. Don't doubt it. The law is at your side and your are in a good place like Delhi.

• Sexual harassment committee is illegal because it does not follow Supreme Court's guidelines on sexual harassment. At per Supreme Court's Vishaka Guidelines at least 50% of committee members must be women. And at least one person must be from neutral background like from a NGO or women's right activist who may have some experience in such issues.
• Whoever has comprised this committee has acted irresponsibly.
• You must ask the university :
  • Conduct and discipline rules/regulations prohibiting sexual harassment plus mention of penalties for those found guilty of sexual harassment.
  • When it was published and edited. It may be that they don't even have any such rules and may try to come out with one with back dated text.
    
• You must file Sexual Harassment Complaint with the university. Get hold of the letter, if you can't get it, use RTI to get it, so whoever has sent the letter maligning you is a clear-cut sexual harassment case. You can even file an FIR. Since your brother is an advocate, then there should not be a problem. You can also file sexual harassment complaint by an email, registered post. Make sure to send it to at least 2-3 people.
• Once you've filed a complaint, it'll not be possible for any assigned guide in the university to say no for your PhD. Till your case is resolved, no university staff, or the university will be able to obstruct in your career aspiration in any way( whether directly or indirectly).
• If you can prove that the university officials( the Dean, VC, new guide etc) tried to get rid of your after your sexual harassment case, then it is clear violation of basic fundamental rights and is clearly indiscriminately. It can also be a case of sexual harassment.
• You should carry a good voice recording device like mobile or other electronic items. Save the proofs and note down the facts carefully as mentioned in this important things you need to do if you suffer from sexual harassment
• Whoever have participated in sexually colored remarks, talking and spread rumors have also done offense of sexual harassment as per Supreme Court's Vishaka Guidelines.
  

We've have a closed group here which can work on to getting justice. You need to do only little. First file a sexual harassment complaint and upload a scanned copy of which and other proofs whatever you've. We can also use RTI to get information, but we'll need names and addresses of concerned departments and offices.
Once you provide those details we'll then slowly work on getting justice. In that case it'll be out of your hands since even if your request later we may not stop pursuing the matter once started in the interest of general Indian working women.

You can contact us here by doing a PM.

Above all don't feel sorry for no mistake of yours.