'Long-Term Effects Of Childhood Sexual Harassment Insurmountable': Delhi High Court Upholds Dismissal Of Teacher Accused Of Molestation

While dealing with matters relating to sexual harassment of school going children, paramount consideration is to be given to the well-being of the child whose mental psyche is vulnerable, impressionable and in a developing stage, the Delhi High Court has observed.

The division bench of Chief Justice Satish Chandra Sharma and Justice Subramonium Prasad said long-term effects of childhood sexual harassment are at many times insurmountable.

"An act of sexual harassment, therefore, has the potential to cause mental trauma to the child and may dictate their thought process for the years to come. It can have the effect of hindering the normal social growth of the child and lead to various psychosocial problems which could require psychological intervention."

The court made the observations while dismissing an appeal of a physics teacher, who was accused of sexual harassment and molestation of a class IX student girl at a private school in 2006.

The teacher had challenged a single judge order which upheld the orders of Delhi School Tribunal dated December 13, 2011 and Disciplinary Authority imposing the penalty of compulsory retirement on him.

It was the teacher's case that the woman who had signed the Memorandum imposing the penalty and who was one of the members of the Disciplinary Committee, was not a part of school's teaching staff.

The single judge had rejected the argument and said that the woman was an employee of the school and was only sent on deputation.

While dismissing the appeal, the division bench observed there is no infirmity in the order passed by the single judge, adding that no prejudice was caused to the teacher because of the fact that the woman was a part of the Disciplinary Committee.

On another contention against composition of the Disciplinary Committee stating that a person who was the Manager as well as Principal of the school was a member and sat in both the capacities, the court said that the fact that the school's Manager and Principal are the same person cannot vitiate the composition of the Inquiry Committee.

"Nothing cogent has been brought on record by the Appellant to substantiate that the finding of the Inquiry Officer, as upheld by the Disciplinary Authority, the Tribunal and the learned Single Judge of this Court, is perverse which would warrant interference from this Court," the court said, while upholding the decisions of the single judge, disciplinary authority and tribunal.

Title: RANAJIT ROY v. GOVT OF NCT OF DELHI & ANR

Citation: 2022 LiveLaw (Del) 1198

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