'Sexism Is Not Cool, Real Men Don't Bully Women': Kerala HC Asks Schools To Focus On Character Building, Teach Etiquettes As Part Of Curriculum

The Kerala High Court on Wednesday, noting the increasing instances of sexual harassment against students in schools and colleges, observed that lessons in good behaviour and etiquette must be part of the curriculum and at least at the Primary Class level, teachers must be encouraged to instil virtues and values in students.

Justice Devan Ramachandran observed that the archaic concepts of masculinity have changed but it needs to change more.

Boys, even from a very young age, often grow up with certain sexist stereotypes - reinforced by peer and other social influences. Showing a girl/woman respect and honour is not old fashioned; on the contrary, is a virtue for all times. Sexism is not acceptable or “cool”. One exhibits strength when he respects a girl/woman. Respectfullness is an imperative that needs to be inculcated very young. How one treats a woman gives an insight to his upbringing and personality.

Justice Ramachandran opined that a child must be taught in the family, and from the beginning of school, that he/she must respect the other gender. He opined that they should be taught that real men don't bully women and not an expression of macho virtue, but its antithesis and it is, in fact, the weak men who dominate and harass women. 

Boys must know that they should not touch a girl/woman without her explicit consent. They should understand “No” means “No”.  We must teach our boys to be selfless and gentle, rather than selfish and entitled, the Court said. 

However, the Court opined that our educational system seldom focuses on Character building and solely focuses on academic results and employability and it is time to shift attention to value education – so that our children grow up to be well-adjusted adults.

"This Court hortatively commends the official policymakers and influencers in the field of education - from its inception level - to bestow attention to this; to facilitate which", said the Court while directing the Registry to serve a copy of this judgment on the Chief Secretary, Government of Kerala, Secretary, General Education Department and Secretary, Higher Education Department; as also the Education Boards like the CBSE, ICSE and such other.

The Court further observed that the University Grants Commission also has a role to play in as much as their Regulations relating to such issues are effectively monitored and implemented. 

The Standing Counsel Advocate S. Krishnamoorthy submitted before the Court that steps will take and instructions will be issued to advertise Regulation 3.2 of “University Grants Commission (Prevention, prohibition and redressal of sexual harassment of women employees and students in higher educational institutions) Regulations, 2015”.

The Court issued the aforesaid direction while considering a petition, challenging the order of the Internal Complaints Committee and the order passed by the Principal of a College. It was imputed that the petitioner had misbehaved and even groped certain girl students within the campus. The Petitioner challenged the report of the ICC holding him guilty. The Petitioner challenged the impugned order and report on the ground that the petitioner was not afforded an opportunity of being heard. 

The Court after considering the contentions raised directed the respondent College to constitute the statutory "Collegiate Student Redressal Committee" within 2 weeks so that it can hear the petitioner as well as the affected persons before taking the final decision.  

Even though the Writ Petition is disposed of, the Court has directed the Registry to list the matter on 3rd February, directing competent authority to place before the Court a report on the necessary decisions and action taken on this matter. 

Case Title: Aaron S John v. TKM College of Engineering, Kollam and Ors. 

Citation: 2023 LiveLaw (Ker) 37

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