Sexual Harassment By Teachers Witnessed Widespread Occurrence, Is A Serious Offence: Delhi High Court

The Delhi High Court has observed that the act of sexual harassment by teachers with their students has witnessed a widespread occurrence which is a serious offence and abuse of a position of power.

Justice Chandra Dhari Singh said teachers are gifted with the power to impart wisdom and shape the minds of children who are the future and it is imperative that such power is not misused.

“As a society, it is important to understand that parents of such students send their children away from their homes in the hope that their children would be in a safe and conducive environment under the guidance of their teachers, however, the act of sexual harassment by teachers has witnessed a widespread occurrence which is a serious offence and abuse of a position of power,” the court said.

It added that relationship between students and teachers dates back to the vedas and runs through “every epic that has overcome evil.”

Such a relationship is that of knowledge and devotion. A relationship between a student and a teacher is one of the most pious relationships in the world,” the court said.

Justice Singh was dealing with a plea moved by an Assistant Professor of Delhi University's Bharati College challenging the auditor memo issued by the varsity recommending his suspension and the order directing him to deposit overpaid amount of Rs. 6,42,131.

The varsity had issued a letter to the petitioner that he was being sent on leave w.e.f. February 06, 2018, since its Internal Complaint Committee had received several complaints of sexual harassment against him.

Setting aside the impugned order and the auditor memo, the court directed that the amount declared as overpaid was not to be recovered from the Assistant Professor since at the time the audit memo and order were issued, his suspension was not approved by the Vice-Chancellor.

However, the court said that the professor was not entitled to the increments as prayed by him in the plea.

“Additionally, there is a prescribed process which is to be followed in such cases, which clearly establishes the fact that the Governing Body is merely a recommending authority and the final approval must be provided by the Vice-Chancellor of the University. The absence of such approval evidently makes the suspension void and in the event the approval is granted at a later stage, the suspension would commence from the date on which such approval is granted,” the court said.

Counsel for Petitioner: Mr.Vishwendra Verma, Ms.Shivali and Mr.Archit Verma, Advocates

Counsel for Respondent: Ms.Beenashaw N. Soni, Ms.Mansi Jain and Ms.Ann Joseph, Advocates

Title: DR. AMIT KUMAR v. BHARATI COLLEGE

Citation: 2024 LiveLaw (Del) 179

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