NATIONAL LAW SCHOOL OF INDIA UNIVERSITY, BANGALORE

[DRAFT] CODE TO COMBAT DISCRIMINATION AGAINST GENDER

AND SEXUAL MINORITIES
 CONTENTS
OBJECT AND REASONS..............................................................................................................1
CHAPTER I: PRELIMINARY.......................................................................................................2
1. Short Title, Scope and Extent..........................................................................................2
2. Definitions.......................................................................................................................3
3. Interpretation Clause:......................................................................................................7
CHAPTER II: THE GENDER AND SEXUAL MINORITY COMMITTEE.......................................8
4. Constitution of the GSM Committee..............................................................................8
5. Gender and Sexual Minorities Welfare Officer..............................................................8
6. Removal of Members......................................................................................................9
7. Creation of Sub-Committees...........................................................................................9
8. Functions of the GSM Committee..................................................................................9
CHAPTER III: RIGHTS.............................................................................................................10
9. Self-Declaration............................................................................................................10
10. Inclusivity and Integration of individuals into the NLSIU Community....................12
11. Role of Activity Based Committees/non-Activity Based Committees.....................12
12. Prohibition on events likely to perpetuate stigma against GSM students.................12
13. Rights Pertaining to Documentation.........................................................................12
14. Participation in Extra-Curricular Activities...............................................................13
CHAPTER IV: ADMINISTRATIVE AND HOSTEL REFORMS....................................................14
15. Campus Housing and Restrooms...............................................................................14
16. Healthcare..................................................................................................................15
17. Sensitization of Students and Staff............................................................................16
CHAPTER V: ACTION AGAINST DISCRIMINATION AND VIOLENCE......................................17
18. Recourses under the Code.........................................................................................17
19. Commencement and conduct of proceedings before the GSM Committee..............17
20. Penalties for discriminatory act against a GSM student............................................18
21. Concurrent jurisdiction with the DARIC and SHARIC Committees........................18
22. Recusal......................................................................................................................19
CHAPTER VI: FACILITATORS:................................................................................................19
23. Appointment of facilitators:......................................................................................19
 24. Training of Facilitators:.............................................................................................20
25. Role of the Facilitator:...............................................................................................20
CHAPTER VII: MISCELLANEOUS...........................................................................................21
26. Amendments to the University Official Codes/Rules and Website..........................21
27. Support Systems........................................................................................................21
28. Review of the Code...................................................................................................21
 OBJECTS AND REASONS

Striving for a campus in which every person feels respected and can lead a life of dignity,
free from vulnerability, discrimination, and sexual harassment, irrespective of their sex, on
account of Sexual Orientation, Gender Identity, Gender Expression and/or Sex
Characteristics;

Recalling (a) the core commitment of our Constitution to protecting and nurtureing the
dignity of the individual;

(b) the values to which the University is committed;

(c) the ideals of the Yogyakarta Principles; and

(d) the principles laid down by the Supreme Court of India in National Legal Services
Authority v. Union of India (2014) and Navtej Singh Johar  v. Union of India (2018).

The National Law School of India University has established the following principles and
procedures to combat discrimination based on sexual orientation, gender identity, gender
expression and sex characteristics of an individual belonging to the gender and sexual
minorities with an aim to:

i. gGuarantee and protect the rights of everyone to bodily and mental integrity,
autonomy and self-determination;
ii. tTake measures to address stigma, discrimination and stereotypes based on Sexual
Orientation, Gender Identity, Gender Expression and/or Sex Characteristics, and
combat the use of such stereotypes; and
iii. pProvide adequate, independent counselling and support to the an Aggrieved Person
of due to violations, to enable aggrieved persons to exercise and affirm rights to
bodily and mental integrity, autonomy and self-determination.

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 CHAPTER I: PRELIMINARY

1. SHORT TITLE, SCOPE AND EXTENT

1) Name:

This Code shall be called the ‘Code to Combat Discrimination against Gender and
Sexual Minorities’. It shall come into effect upon a notification issued by the Vice-
chancellor, National Law School of India University, Bangalore (“NLSIU/ University”).

2) Scope:

The pPrinciples and pProcedures set out herein (“Principles and Procedures”) shall
apply to all instances of Discriminatory Acts as provided herein:

i. Occurring on the NLSIU cCampus, irrespective of the parties;

ii. Between or among members of the NLSIU Community, as defined in the Code,
irrespective of their whether the Discriminatory Acts occurring on the NLSIU
Campus or outside of it; and,
iii. Where the complaint is made by/against a third party against/by a member of the
NLSIU Community.

3) Extent:

This Code shall be binding on all members of the “NLSIU Community” including:

i. All students, including but not limited to, those currently enrolled in the
Undergraduate, Post-graduate, Ph.D., Bridge, Foreign exchange, Distance Education
courses, alumni, external participants and attendees of University Events;
ii. All University authorities, including the Vice-Chancellor, Registrar, Undergraduate
Chairperson, Postgraduate Chairperson, Academic Council, and Distance Education
Department; 
iii. Faculty and Healthcare Staff as defined under section 2 of this Code;
iv. The Accounts Department, Academic Administration Department, Examination
Department, Admissions Office, IT Department and all non-teaching and

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 administrative staff associated with these departments, including any other department
that may be created in the future;
v. Personnel appointed under contract (such as security guards, mess staff, eatery
operators, healthcare staff, etc.), for any purpose or duration, by the University
vi. All members associated with the Research Centers, including interns, Heads of
Centers and staff working there;
vii. The SBA Office Bearers, Co-ordination Council, members of Activity-Based
Committees, SHIC, DARIC, Recruitment Co-Ordination Council (“RCC”), members
of Non-Activity Based Committee boards and Journal Boards, in their official
capacities, and includes any other committee or board constituted in the future;
viii. The Wardens, Council of Halls of Residence, Hostel Office, Sports Instructors, the
Security, Discipline and General Management Committee, Disciplinary Committee,
and any other student body that may be set up in the future to perform similar
functions.

2. DEFINITIONS

In this Code, unless otherwise defined in other parts of the Code, the following terms shall
carry the meaning assigned to them in this part: 

‘Activity-Based Committee’ has the same meaning as assigned to it in the Constitution of

the Student Bar Association

‘Activity-Based Committee’has the same meaning as assigned to it in the Constitution of the

Student Bar Association

‘Aggrieved Person’ means a person/s who alleges that discrimination under the Code has
taken place, and wishes to access the any mechanism under this Code

“Common Spaces” includes the Halls of Residence, Academic Block, the library, the
football field, the temporary spaces of residence provided by the University such as the
Training Centre and the Learning Centre;

‘Discriminatory Act’ means one or a combination of the following acts:

a. any exclusion of an individual belonging to the Gender and Sexual Minorities on the
basis of their sex, gender or sexual orientation;

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 b. mis-gendering someone by not using their preferred pronouns, or preferred name,
despite being made privy to such information;

c. outing or disclosing sensitive information of someone without their consent; or

d. any insult, remark, or any other derogatory action which demeans any individual or
group identity from the GSM Community, regardless of the intention of the person
committing the act;

Explanation 1: An act need not be directed at a particular GSM student or a staff

member to qualify as a discriminatory act under this Sub-clause (d);

Explanation 2: The GSM Committee while adjudicating on a case shall note that
violence, discrimination, and other harm based on sexual orientation, gender
identity, gender expression, and sex characteristics manifests in a continuum of
multiple, interrelated and recurring forms, in a range of settings, from private to
public.

‘Faculty’ includes all persons appointed to teaching positions, (regardless of duration) guest
lecturers and speakers, visiting faculty, ad-hoc faculty, teaching assistants, and any other
person involved in the organization of a programme, seminar, course, workshop, roundtable
or similar event conducted or organized by the NLSIU community;

‘Gender and Sexual Minorities’ or ‘GSM’ is an umbrella term for people who have a non-
cis/non-heterosexual (or queer) gender or sexuality or intersex people

‘Gender Confirmation Treatment’ refers to the care and treatment to help individuals
achieve quality of life and satisfaction in their preferred gender identity and may be used for
the diagnosis of gender dysphoria. It includes psychological examination and counselling,
medical intervention with hormones and/or plastic surgery, and a period of monitored social
integration living in the desired gender

‘Gender Expression’ is each person’s presentation of their gender through physical

appearance- or behaviour, including dress, hairstyles, accessories, cosmetics, mannerisms,
speech, specific behaviour patterns, names, and personal references. Gender Expression may
or may not conform to a person’s gender identity. It is included in the definition of Gender

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Identity for the purpose of this Code and, as such, all references to Gender Identity should be
understood to be inclusive of Gender Expression as a ground for protection;

‘Gender Identity’ refers to each person’s deeply felt, internal, and individual experience of
gender, which may or may not correspond with the sex assigned at birth, including the
personal sense of the body (which may include, if freely chosen, modification of bodily
appearance or function by medical, surgical, or other means) and other expressions of gender,
including dress, speech and mannerisms. It is the identifier (or lack of identifier) someone
uses to communicate about how they understand their personal gender, navigate within or
outside the societal gender system, and/or desire to be perceived by others; should not be
conflated with biological sex.

‘The Gender and Sexual Minorities Support and Welfare Committee’ or

‘The GSM Committee’ means the body constituted in accordance with Part III of this Code.

‘Healthcare staff’ includes the campus doctor, the campus nurse, the student counselors, and
any other staff appointed for the well-being of the students.

‘Heterosexual orientation’ refers to sexual and/or romantic attraction of a person, if it is

between a cis-male and a cis-woman.

‘Informal student group’ includes any group of students, whether or not it has a formal
internal organization that organises activities or events and does not fall in the definition of
an Activity-Based Committee or Non-Activity Based Committee Board;

‘Intersex’ refers to any combination of chromosomes, gonads, hormones, internal sex

organs, and or genitals for a person, that differs from the two expected patterns of male or
female.

Explanation: Intersex people identify gender in a variety of ways, just like non-intersex
people, including identifying as men, women, intersex men, intersex women, intersex
persons, non-binary intersex persons and other gender identities;

‘Major misconduct’ means one or a combination of the following acts:

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 a. any Discriminatory Act as defined under this Code that prevents the Aggrieved
Person’s participation in University events/activities/membership of committees
and/or affects their academic performance;
b. any conduct resulting in Outing of someone;
c. any act infringing on the rights provided under Part III of this Code to a student
belonging to the GSM Community;
d. Abetment of Major Misconduct;
e. any subsequent incidents of Minor Misconduct by the same accused after the
conclusion of the mediation process, sensitization and or any other corrective action
as prescribed by the GSM Committee will be considered as Major misconduct.

‘Minor misconduct’ means any Discriminatory Act as defined under this Code that is not a
Major misconduct.

‘Non-Activity Based Committee body’ shall include any student body not formally
recognized as an Activity-Based Committee and shall include boards constituted under an
Activity-Based Committee;

‘Outing’ is the non-consensual disclosure of a person’s sexual orientation, gender identity,

or status as an intersex person.

“Protected Characteristics” means sexual orientation, gender identity, gender expression,

and sex characteristics of an individual belonging to the GSM Community and includes
actual, perceived and attributed sexual orientation, gender identity, gender expression and sex
characteristics, as the case may be;

‘Respondent’ means a person against whom the Aggrieved Person has made a complaint
under this Code.

‘SBA Office Bearer’ shall mean the President and the Vice-President, whether elected or
appointed for an interim period without election by the Student Bar Association;

“Sensitive information” refers to information that alludes or indirectly refers to, or expressly
conveys gender identity, sex assigned at birth or sexual orientation via information pertaining
to gender confirming treatment, preferred name, preferred pronouns, sexual

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behaviour/activities of any person, or any information that has the tendency to result in
oOuting of someoneany person.

‘Sex/Biological sex’ is a medical term used to refer to the chromosomal, hormonal and
anatomical characteristics that are traditionally used to classify an individual as female or
male or intersex.

‘Sex characteristics’ refers to each person’s physical features relating to sex, including
genitalia and other sexual and reproductive anatomy, chromosomes, hormones, and
secondary physical features emerging from puberty;

‘Sexual harassment’ shall have the same meaning as in the NLSIU Code to Combat Sexual
Harassment (“SHARIC”), subject to the amendments brought about by the provisions of this
Code;

‘Sexual Orientation’ refers to each person’s capacity to feel for profound

emotional/spiritual, romantic or sexual attraction for some others, generally labelled based on
the gender relationship between the person and the people they are attracted to and also
includes labels based on .

‘Student Bar Association’ or ‘SBA’ shall be used synonymously and shall have the same
meaning as assigned to it under Article 1 of the SBA Constitution;

‘Trans*’ is an umbrella term covering a range of identities that transgress socially-defined

gender norms. Trans with an asterisk is often used in written forms (not spoken) to indicate
that you are referring to the larger group nature of the term, and specifically gender non-
binary/agender/gender-fluid identities, as well as transgender men and transgender women.

‘Transgender’ or ‘non-cis’ is a gender description of someone whose gender identity does

not correspond with their sex and/or gender assigned to them at birth in the expected way. It
includes pre-operative (which includes but does not restrict to a person who is socially
transitioning), post-operative, and non-operative persons; and does not imply any specific
form of sexual orientation.

“University Events” refers to any event organised on or outside the University campus by
any body acting as the official representative of the University.

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 3. INTERPRETATION CLAUSE:

i. Any term not defined in this Code, unless the context otherwise requires, will be
construed to have the same meaning as defined in the SHARIC and the SBA
Constitution, failing which the term will be understood in accordance with common
parlance and usage.
ii. Any reference to the obligations of the University in this Code will mean an
obligation on the University and any of its constitutions including committees,
officials, boards, recognised formal and informal student groups, etc.
iii. The provisions of this Code reflect the application of international human rights law
to the lives and experiences of persons of diverse sexual orientations, gender
identities, gender expressions, and sex characteristics, and nothing herein should be
interpreted as restricting or in any way limiting the rights and freedoms of such
persons as recognised by international, national, or regional laws or standards.

CHAPTER II: THE GENDER AND SEXUAL MINORITY COMMITTEE

4. CONSTITUTION OF THE GSM COMMITTEE

The Vice-Chancellor shall constitute the GSM Committee for three years, within one month
of this Code coming into effect, which shall consist of at least five members including:

i. A Presiding Officer who shall be a faculty member with more than 5 years of teaching
experience at NLSIU and is committed to the cause of rights of Gender and Sexual
Minorities. Preference should be given to a person from the GSM community; 
ii. All the members should be trained and experienced in issues concerning rights of the
Gender and Sexual Minority community. Such training can be gauged by looking at
previous experience working with NGO’s or Policy Research Centers or any other
project focusing on GSM rights.
iii. Two members from the faculty who are selected as per the following order of
preference:

a. A transgender person and a person from the broader GSM community;

b. Both persons from GSM community;

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 c. One member from the GSM community and a person committed to the cause of
GSM rights; or

d. Both persons committed to the cause of GSM rights; and;

iv. Two external expert members from the GSM community.

5. GENDER AND SEXUAL MINORITIES WELFARE OFFICER

One member of the GSM Committee shall be designated as the Gender and Sexual Minorities
Welfare Officer. Any member of the GSM Community may approach them regarding
enforcement or infringement of their rights and availing recourses under this Code. Their
duties and functions shall be similar to the Sexual Harassment Policy Advisors under
SHARIC.

6. REMOVAL OF MEMBERS

6.1 Where any Member of the GSM Committee, 

a) has contravened any provision of this Code; or

b) has been convicted for an offence or an inquiry into an offence under any law
for the time being in force is pending against them; or 
c) has been found guilty in any disciplinary proceedings under SHARIC or the
NLSIU Principles of Conduct (NLSPC); or 
d) has so abused their position, as decided by a sub-committee constituting
members of GSM Committee excluding the person on whom the allegation
has been made, 

such member, shall be removed from the GSM Committee, after they have been given a
chance by the GSM Committee to show-cause as to why such member should not be
removed.

6.2 The vacancy so created, or any casual vacancy, shall be filled by fresh nomination in
accordance with the provisions of this Code. 

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 7. CREATION OF SUB-COMMITTEES

The GSM Committee may constitute Sub-Committees as it deems appropriate in order to

effectively enforce the provisions of this Code. The GSM Committee can choose to involve
student representatives in the sub-committee in accordance with the procedure provided in
sub-clause 4 (ii), mutatis mutandis.

8. FUNCTIONS OF THE GSM COMMITTEE

The functions undertaken by the GSM Committee include:

i. Appointment and training of Facilitators appointed under Clause X of this Code;

ii. Facilitating and aiding the Aggrieved Person in the exercise of their rights.
iii. The GSM Committee shall also inform the Respondent of their rights and obligations
under this Code, and the entire process of inquiry proceedings.
iv. Serving as an inquiry committee for Discriminatory Acts alleged against GSM
students;
v. Serving as an inquiry holding Joint Proceedings with the Sexual Harassment Inquiry
Committee (“SHIC”) and the Disciplinary Action and Inquiry Committee
(“DARIC”) in cases of sexual harassment and physical violence perpetrated against
GSM students;
vi. Conducting sensitizations in accordance with the provisions of Part VI; 
vii. Making guidelines governing functions (i) to (v), as well as for any issue faced by
GSM students and staff from time to time; and,
viii. Appointing a next friend for a party to assist with every stage of the inquiry upon their
request in accordance with the Code; and.
ix. Any other function as may be prescribed.

CHAPTER III: RIGHTS OF GENDER AND SEXUAL MINORITIES

It shall be the responsibility of all members of the University Community to ensure the
proper inclusion and integration of individuals belonging to the GSM community by ensuring
the right to practice, protect, preserve and revive the diversity of cultural expressions of

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persons of all sexual orientations, gender identities, gender expressions and sex
characteristics of such individuals on the basis of the equal dignity of and respect for all.

9. SELF-DECLARATION

i. All persons shall have the right to self-identified gender identity and sexual
orientation. This shall apply to the following:

a. Amendment of sensitive information in the official documents pertaining to the

University;

Explanation : The University shall ensure that no eligibility criteria, such as

medical or psychological interventions, a psycho-medical diagnosis, minimum
or maximum age, economic status, health, marital or parental status, or any
other third party opinion or permission, including that of parents, shall be a
prerequisite to change one’s name, legal sex or gender;

b. Change of hostel or room, or seeking of alternative accommodations in the

temporary spaces of residence provided by the University based on gender identity
or sex characteristics;

c. Availing access to spaces conventionally divided along binary gender lines

including but not limited to the restrooms, mess halls and halls of residence;

d. Participation in any gender-based team activity (including any sports activity on or

off campus) where they self-identify as a gender other than one corresponding to
their biological sex;

e. Filing grievance of discrimination under this Code; and

f. Any other such sphere of interaction within the NLS community where the right of
such individuals to self-identify with a gender identity or sexual orientation of their
choice, should be recognized and protected, in line with the Principles and
Procedures.

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 ii. Any student or staff member (current or former) who wishes to avail of these rights
may make a written self-attested declaration regarding their sex, gender and/or sexual
orientation to the Committee.
iii. Such a declaration once made need not be made again in the exercise of rights
provided under this Ccode. This declaration will have no consequence on the sensitive
information of the person such as their name/gender/sex in the official documents
pertaining to the University without prior, free and informed consent of the person.

Explanation: To avail any right under this Code, it would be sufficient to

declare your gender identity as non-cis-gender, sexual orientation as non-
heterosexual, and/or sex as Intersex.

iv. The University shall accept requests from any individual, regardless of whether they
belong to the GSM Community, a signed written self-attested declaration seeking to
use a preferred first and/or middle name in University records such as attendance
records, examination records, email id, identity cards, hostel records, transcripts, and
in all other University systems where it is feasible.

Explanation: Declaring a preferred first and/or middle name for use at the
University does not constitute a legal name change. A preferred surname
cannot be declared without documents showing that the surname has been
changed legally by a court or relevant government entity.

v. Such declarations can be modified or revoked at will at any point of time with due
notice to the GSM Committee.

vi. The GSM Committee is bound to keep such declarations confidential except to the
extent required to implement the rights of the individual making the request, and
subject to the prior, free and informed consent of the person.

10. RIGHTS PERTAINING TO DOCUMENTATION

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No document or form issued by the University, including, but not limited to, documents
pertaining to the admissions, the examination department, and the accounts department, shall
ask for the sensitive information of any student. Documents pertaining to the hostel office
may, however, require the students to fill their preference of the restrooms, mess halls and
halls of residence.

PARTICIPATION IN UNIVERSITY EVENTS

10.2 No individual may be denied participation in any University Event on the ground of
their Protected Characteristics.

10.3 No University Event can may perpetuate the stigma faced by persons belonging to GSM
or contribute to perpetuating stereotypes about them. The University shall take practical steps
to create welcoming spaces on the campus, especially for participation in sport and physical
activity, including installation of appropriate changing rooms, and sensitization of the
sporting community on the implementation of anti-discrimination laws in the sporting context
for people belonging to the GSM Community;

10.4 Competitive teams for any University Events shall not be divided on the basis of
Gender or Sex, without the consent of the GSM Committee. After such consent is
obtained, everyone should be allowed to participate on the team that, in the sole
determination of the person in question, reflects their gender identity or sex
characteristics. 

10.5 The University shall not compel anyone, directly or indirectly, into undergoing any
medical examinations, testing and/or procedures in order to participate in a team as per
their preference.

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 CHAPTER IV: ADMINISTRATIVE AND HOSTEL REFORMS

1. CAMPUS HOUSING AND RESTROOMS

i. Once an individual has declared their gender identity as non-cis and/or sex as intersex, as
per the procedure prescribed under this Code, they shall not be forced to use any specific
mess hall or reside in any hall of residence against their will.

ii. The University shall designate a space as Common Halls of Residence where students of
any gender identity or sex assigned at birth are eligible to reside.

iii. Rooms shall be reserved on request for all transgender and intersex individuals within the
Men’s Halls of Residence, Women’s Halls of Residence and Common Halls of
Residence.

iv. Single occupancy rooms shall be made available to transgender and intersex individuals
in the temporary spaces of residence provided by the University when deemed necessary
by the GSM Committee.

Explanation: Any decisions with regards to this provision shall be taken in

consultation with the concerned individual, who shall have the right to change their
decision regarding the accommodation provided at any time, with due notice to the
GSM Committee.

v. Individuals shall be allowed to use the restroom of their choice in Common Spaces.

vi. Adequate number of restrooms in each of the common space shall be designated as, and
converted into, gender-neutral restrooms, within a reasonable period of time from the
coming into effect of this Code. To initiate the process, in selecting the restrooms for
conversion, preference shall be given to those restrooms that are most accessible.

vii. Gender neutral hostel committees: Gender neutral hostel committees shall be formed to
facilitate the provision of utilities to the residents, regardless of their gender.

viii. Hostel Rules shall be amended to enforce these provisions.

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 2. HEALTHCARE

i. The Healthcare staff shall have to mandatorily attend the sensitization sessions mentioned
in Part VI of this Code. The University shall also attempt to provide specialized training to
them in order to ensure access to the highest attainable standard of identity affirming
healthcare, on the basis of an individual’s free, prior and informed consent.

ii. The University may, in addition to or in lieu of conducting the above specialized training,
hire additional medical staff and counsellors who may have already received such training;

iii. The University administration must coordinate with the GSM Committee in any
appointments to be made or training to be given as per the provisions of this Chapter.

iv. In the event of the inability of the University to hire specialized staff or provide training to
existing staff, the University shall make information about such specialized services off
campus available to all students and staff members, and shall attempt to secure their
subsidized access to the same. 

Explanation: This provision is only to enable the University to ensure that a measure of
protection is provided for GSM students in the initial transition period after the coming
into effect of this Code, due to the unavailability of trained staff.  

v. The Healthcare staff shall not disclose the sensitive information of anyone without their
express permission.

vi. The University shall provide, in cases of violations of the right to mental and bodily
integrity of an individual belonging to the GSM Community, effective access to remedies,
redress, reparation and, where appropriate, psychological support and restorative
treatments.

vii. The University shall also provide assistance for individuals to access gender confirming
treatment. Reasonable efforts should be made to arrange financial assistance for those who
want pre or post-operation counselling or counselling regarding their sex, gender identity,
or sexual orientation.

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 11. SENSITIZATION OF STUDENTS AND STAFF

i. Introductory sensitization programme

Within two months of this Code coming into force, the University shall, in conjunction
with the GSM Committee, organise sensitization programmes for students, faculty, and
staff in collaboration with interested student groups and external experts.

ii. Frequency of sensitization programmes

The GSM Committee sensitization programs shall be organized at the following intervals:

a. For every incoming batch of students, at the beginning of the academic year;

b. For incoming faculty and staff, at the time of joining the institution;

c. For current members of the NLSIU community, at least one program within one
month of constitution of the GSM Committee and subsequently as frequently as
may be deemed appropriate by the GSM Committee but no less than once a year;
and

d. For all members of NLSQA within one week of their membership;

iii. Sensitization programmes to include facilitators.

Every sensitization programme shall include at least one external expert who belongs to
the GSM community, two facilitators appointed under this Code, and two members of the
NLS Queer Alliance.

iv. Content of sensitization programs

All sensitization programs to be organized should identify the nature and extent of
attitudes, beliefs, customs and practices that perpetuate violence, discrimination and other
harm on grounds of sensitive information of a person. The programme should necessarily
cover the provisions of this policy and the relevant provisions of SHARIC and NLSPC.

CHAPTER V: ACTION AGAINST DISCRIMINATION AND VIOLENCE

3. RECOURSES UNDER THE CODE

i. Any Aggrieved Person may choose to:

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 a. resolve the matter through the mechanism laid down in this Code, and/or

b. Take recourse to any other institutional civil/criminal remedies available to them

under other University regulations as well as under the law, for which the University
shall provide full support.

ii. If the Aggrieved Person chooses to resolve the matter though the mechanism laid down in
the Code, they may choose to contact any of the facilitators appointed under Chapter X of
this Code who will act in accordance with their duty under… or may directly approach the
GSM Committee.

iii. The procedure for mediation as provided under Part II, section 12 of SHARIC will be
followed if the Aggrieved Person chooses to initiate it.

iv. Any person aggrieved of sexual harassment who considers the mediation process to have
been unsatisfactory, or does not wish to initiate a mediation, may make a request for
formal inquiry under Part III of this Code.

4. COMMENCEMENT AND CONDUCT OF PROCEEDINGS BEFORE THE GSM COMMITTEE

i. The GSM Committee shall have the authority to hear complaints based upon
representations made before it by the Aggrieved Person.

Explanation: A declaration of gender or sexual identity to the GSM committee is not

a prerequisite to approaching a facilitator to report an offence under this Code, the
SHARIC, and/or NLSPC. The declaration, if necessary, can be made at the time of
filing the grievance to the facilitator.

ii. The standard of proof on the aggrieved person to prove minor misconduct shall be
preponderance of probability and aggrieved person shall along with occurrence of the
alleged discriminatory act, also prove that the respondent had knowledge (constructive or
actual) about the relevant sensitive information of the aggrieved student.

iii. The standard of proof on the aggrieved person to prove major misconduct shall be beyond
reasonable doubt.

iv. A preliminary inquiry shall be conducted by the GSM Committee to prima facie decide
whether the alleged act will be treated as a major or minor misconduct.
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v. The proceedings under this Code shall be conducted in the mechanism as provided under
Part III of the SHARIC.

vi. In case of a Minor misconduct, the GSM Committee shall have the authority to impose
Corrective Action such as warning, reprimand, censure, or a pPublic written apology by
the perpetrator which shall be displayed prominently on all notice boards in the
University without disclosing the identity of the aggrieved person, except if the
Aggrieved Person provides prior, free and informed consent allowing the disclosure..

vii. In case of a major misconduct, the GSM Committee shall have the authority to impose the
same Corrective Action for Respondent as stipulated under the SHARIC for ___ or in
Clause ____.

viii. In addition to any other corrective action in case of Minor or Major misconduct, the
Respondent shall have to mandatorily attend sensitization workshops for a period
determined by the GSM Committee.

ix. If the Respondent is in a position to undertake academic evaluation of the Aggrieved

Person, alternate arrangements are to be made to ensure that academic evaluations of all
kinds are not conducted by the respondent.

x. The GSM Committee shall also be bound by the procedure stated in SHARIC, including
the appellate procedure, unless a deviation is merited for the benefit of the Aggrieved
Person under extraordinary circumstances.

5. PENALTIES FOR DISCRIMINATORY ACT AGAINST A GSM STUDENT

Part IV of SHARIC will apply mutatis mutandis to this Code.

Provided that any future amendment to Part IV of SHARIC shall bind the GSM
Committee to hold a formal consideration of the appropriateness of that amendment in
its application to this Code; and if the GSM Committee finds that the amendment is
appropriate, it shall proceed as though such amendment was an amendment of this
Code.

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 6. CONCURRENT JURISDICTION WITH THE DARIC AND SHARIC COMMITTEES

With regard to acts of physical violence or sexual harassment perpetrated against GSM
students, the GSM Committee shall have concurrent jurisdiction with the DAIC or the SHIC
respectively and such proceedings will be conducted before them sitting as joint committees,
constituted as prescribed hereunder:

i. A sSub-cCommittee of two members of the GSM committee will join the SHIC and
the DAIC while conducting the proceedings under SHARIC and NLSPC with regards
to acts of physical violence or sexual harassment perpetrated against GSM students
ii. The opinions of the members of the GSM committee should be taken into
consideration and given due weightage by the SHIC and the DAIC during such
proceedings, especially at the stage of determining penalty.

7. RECUSAL

Any person conducting any proceedings under this Code shall recuse themselves if they feel
that their objectivity may be compromised due to any reason or conflict of interest, and to
replace them, an adhoc member of the same rank shall be appointed by the Vice-Chancellor
within a period of ten working days.

CHAPTER VI: FACILITATORS:

8. APPOINTMENT OF FACILITATORS:

i. The Vice-Chancellor shall have the power to appoint facilitators under this Code.

ii. At any given point, there shall be minimum five facilitators from the student body, out
of which, as far as possible, at least 1 shall be from the MPP batch, as far as possible,
1 from the LL.M. batch, at least three facilitators from the LLB batches who shall, as
far as possible, be appointed from each of the batches starting from third year.

iii. All persons, who have completed the training programme, as provided under __ of
this Code, to the satisfaction of the person/organisation responsible for the training, is
eligible to be appointed by the Vice-Chancellor as facilitators for a period of one year.

iv. All the members of the NLSIU Community shall be intimated via mail regarding the
names and contact information of all the facilitators shall and shall be visibly

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 published on notice boards and through other means across the campus throughout the
year in both English and Kannada.

9. TRAINING OF FACILITATORS:

The GSM Committee shall, in association with external experts, organize and conduct an
annual workshop for the training of facilitators to:

i. impart basic counseling, mediation and negotiation skills;

ii. equip facilitators with a comprehensive understanding of this Code; and
iii. adequately sensitize and impart any other skills or knowledge which may be
considered appropriate by the organizers in order to ensure efficient functioning of
this Code.

10. ROLE OF THE FACILITATOR:

i. The facilitator shall perform the following functions under this Code:
a. act as a provisional counselor;
b. assist in drafting and filing of formal requests for self-declaration;
c. assist in seeking change in hostel or room, or alternate accommodation;
d. assist in enabling participation in sports and other such gendered activities, in a
team that corresponds with the self-declared gender of the individual;
e. assist in the procedure for mediation similar to the one under Part II of the
SHARIC;
f. be the receiver of the formal request for an inquiry, which may be the first step
towards approaching the inquiry mechanism under this Code; and
g. perform any other function as may be prescribed or is necessary in a particular
situation.

ii. In discharging any/all of the functions mentioned above, the facilitator shall
a. act as a first known point of contact,

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 b. assist in drafting and filing of a formal request for the inquiry,
c. give information on options and possible outcomes available under this Code,
d. explore strategies to safeguard against victimization
e. support the aggrieved party and respondent throughout any stage of the resolution
process,
f. provide information on the desirability of maintaining confidentiality
g. provide information on other relevant internal/external remedies, and any
limitation periods that may apply to such remedies,
h. Irrespective of whether a person files a formal request for inquiry, provide
supportive counseling as needed,
i. maintain complete confidentiality, of all proceedings, and
j. Perform any other function in the best interest of the GSM persons with the prior,
free and informed consent of the persons concerned and duly respecting their right
to bodily integrity.

CHAPTER VII: MISCELLANEOUS

11. AMENDMENTS TO THE UNIVERSITY OFFICIAL CODES/RULES AND WEBSITE

Any use of binary gender identifiers (he/she, him/her, man/woman) in the University Official
Codes including, but not limited to SHARIC, NLSPC, SBA Constitution and website shall be
stand amended to gender neutral identifiers (they, them, individual/person) on the coming
into effect of this Code.

12. SUPPORT SYSTEMS

i. The University and the Student Bar Association shall jointly encourage the formation
of a GSM alumni network.
ii. The GSM Committee shall also publish list of phone numbers and addresses of
professionals which who may be contacted in health emergencies.

Application to certain External Individuals

13. The University shall intimate about this Code to external individuals such as
Internship and placement recruiters through RCC, Bar Council of India, and other
Universities where members of NLSIU Community participate in Intra-University

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 competitions/events, to encourage them to follow the obligations arising under this
Code, regardless of whether it can be binding on them.

14. The University should take due note of any complaints about incidents of
discrimination by an external individual by against an aggrieved person and impose
any sanctions necessary; including black-listing them in cases of repeated incidents of
major misconduct, to promote the objectives of this Code.

15. REVIEW OF THE CODE

i. The working of this Code shall be reviewed by the GSM Committee every year, or
whenever the GSM Committee deems fit, and be revised accordingly in order to take
into account of legal, scientific and societal developments and their application to the
particular lives and experiences of persons of diverse sexual orientations, gender
identities, gender expressions and sex characteristics over time.

ii. Any proposed revisions to the Code shall only be made after consultations with all the
stakeholders and the Gender and Sexual Minority groups such as NLSQA, Alliance of
Oversensitive Women, individual students belonging to the GSM community, and any
other stakeholders.

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