By Brody Levesque (Washington DC) Apr 2 | An interim order, handed down by Justices Sunil Ambwani & K.N. Pandey of the High Court of Judicature at Allahaba, Lucknow, India, stayed the suspension decision of the Aligarh Muslim University's vice-chancellor in the case of a popular openly Gay professor. The court also stayed the AMU order asking him to vacate his official residence and restricting his movements. Siras was suspended on February 9. The court, however, declined to stay the AMU inquiry against him.
Dr. Shrinivas Ramchandra Siras, a professor of Marathi fiction and chairman of the university's modern Indian languages department, was suspended & ordered to leave his university provided housing earlier this year. According to the court documents filed on behalf of the University:
"Article of Charge No.1 That the aforesaid Dr. Shrinivas Ramchandra Siras while working as Reader & Chairman, Department of Modern Indian Languages has committed act of misconduct in as much as he indulged himself into immoral sexual activity and in contravention of basic moral ethics while residing in Quarter No.21-C, Medical Colony, A.M.U. Aligarh thereby undermined pious image of the teacher community and as a whole tarnished the image of the University.
The above act on the part of Dr. Shrinivas Ramchandra Siras is unbecoming on the part of a teacher of the University, thereby, he undermined pious image of the teacher community and as a whole tarnished the image of the University."
In answer to the suspension and in the appeal of the University's decision to the high court, Dr. Siras's attorney in his filing stated:
"It is submitted by Shri Anand Grover appearing for the petitioner assisted by Shri Arvind Kumar that there was no complaint of any indecent behaviour or of any misconduct made against the petitioner at any time. He is a respected Professor, aged 64 years and going to retire in September, 2010. In reply to the imputation of charges, the petitioner has frankly replied:-
"I say that I am gay (or of homosexual orientation), I have never hidden my sexual orientation and people know about the same. Moreover, I submit that my sexual orientation is not at all any person's concern and what I do in the privacy of my home is protected within the right to privacy and equality recognized under the Indian Constitution under Articles 14, 15 and 21 of the Constitution of India. I further submit that I am very much entitled to exercise of my right to privacy and equality and what I do in exercise cannot pose any threat or danger to the reputation and image of this pious University. However, by certain unknown persons barging into my home with the active connivance of the University staff without my knowledge and/ or consent is a flagrant breach of my fundamental rights and therefore the same requires your attention and action."
A spokesperson for Orinam.net, an Indian LGBT organisation dedicated to assisting Gay & Lesbian Indians, sponsors of the Campaign For Open Minds, said that the professor, on the verge of retirement, was suspended after some students set up cameras to catch him having consensual sex with a rickshaw-puller in his campus home, and sent the video film to university authorities.
"Siras was captured on camera having sex with a rickshaw-puller. It's a scandal that no institution of repute can overlook. Therefore he was placed under suspension on February 9 by the order of the VC, Prof P K Abdul Azis. Dr Siras lived in a house allotted to him in the medical colony on the AMU campus. On February 8, he was home in the company of a young rickshaw-puller from Jamalpur area of the town. Since the door was open, two reporters from a local TV channel barged into the house and filmed him and his companion. The video clippings were then sent to AMU authorities who were constrained to proceed against Siras,'' said Abrar.
Aware of Siras's homosexuality, some AMU faculty members and students had allegedly asked local TV reporters and two camerapersons to conduct a sting operation on him on February 6. This was done despite a Delhi High Court ruling last July, decriminalising consensual gay sex in the country.
The Orinam spokesperson also said that AMU’s sting operation on the professor and capturing what he does behind closed doors is gross violation of his right to privacy. The professor's counsel Anand Grover agreed telling The Indian Express newspaper:
“The court agreed to our argument that it is constitutionally wrong to intrude into anybody’s private life or action." He said he had accepted in court that his client was homosexual. “But it is none of the university’s business to peep into the private life of any person. The court took cognisance of my argument and gave my client relief.”
In the interim order, Justices Sunil Ambwani and K N Pandey also directed AMU to allot Siras a residence on the campus. The case will be heard next on May 4.
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