New Delhi: The suspension of an Aligarh Muslim University professor after he was filmed — allegedly with the active connivance of a section of the academic community — having consensual sex with a rickshaw-puller at his home has outraged the LGBT (lesbian, gay, bisexual, transgender) community and legal circles.

While some described the action taken by the university as ‘‘extremely homophobic’’, others said it was ‘‘re-victimising the victim’’. Legal experts feel the university can be in serious trouble for going against what is law of the land now.

‘‘It is shocking to see how the university has reacted to the incident. It seems as if no one in the university has a right to live his or her own life the way they want,’’ said Prince, a transgender.

Anjali Gopalan, founder of NGO Naz foundation that works for spreading awareness about HIV/AIDS among LGBTs, slammed the university, saying: ‘‘Will they catch a man who is having sex with a woman who is not his wife in his house and suspend him? Action needs to be taken against the university for doing an illegal thing.’’

The university’s decision to suspend the professor, Dr Shrinivas Ramchandra Siras, reader and chairman of Modern Indian Languages Department, who is on the verge of retirement, for ‘‘gross misconduct’’ goes against Delhi high court’s landmark judgement which decriminalised homosexuality last year, making it possible for two consenting same sex adults to have sex.

Coming out in full support of the professor, legal fraternity says conducting virtually a sting operation on a man and capturing what he does behind closed doors is gross violation of his right to privacy. Criticising the varsity’s action, Aditya Bondopadhyay, a lawyer and gay rights activist said that instead the people who filmed the act should be punished. ‘‘What happened was atrocious and a most horrible thing. Instead of suspending the professor, it is the people behind the incident who should be investigated,’’ he said. ‘‘The university has no locus standi to suspend a person for what he does in his personal life. The action is illegal and can be challenged in court,’’ he added.

Lawyers say that even the suspension memo that was served on Siras by the office of the AMU Registrar, which described his act as a prima facie case of ‘‘gross misconduct’’ under Rule 403-C of the statute of the university, is illegal as the Delhi HC judgment that interpreted Section 377 is applicable throughout the country. ‘‘Most employment contracts have language that loosely interpret gross misconduct. Although these speak of acts of moral turpitude, after the HC’s judgment, this has all become irrelevant,’’ explained Bondopadhyay.

While the professor chose not to question the university in order to bury the ‘‘embarrassing episode’’, senior counsel K T S Tulsi said the university’s action can very well be challenged by the professer in court as after decriminalisation of homosexuality, the varsity cannot describe his act as gross misconduct as it is no more a criminal activity.

“The action taken by the university is illegal and incorrect. Even the rules of conduct of universities do not have any provision to suspend a person on these grounds,’’ said Tulsi.

If he wants, the professor can very well file a criminal as well as civil suit against the university, say lawyers. ‘‘From invasion of privacy to defamation of sorts, the professor can surely fight back. All the university did was to re-victimise the victim who was filmed by strangers,’’ Bondopadhyay said.

source: TOI