Sexual harassment can hinder normal social growth of child: Delhi HC
Dec 20, 2022
New Delhi [India], December 20 : The Division Bench of Delhi High Court while upholding the dismissal of a teacher accused of sexual harassment and molestation of a minor girl student said, an act of sexual harassment can hinder the normal social growth of a child.
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, said the Division Bench headed by Delhi's Chief Justice Satish Chander Sharma also comprising with Justice Subramonium Prasad.
While dealing with matters relating to harassment of school-going children, the 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 long-term effects of childhood sexual harassment are, at many times, insurmountable, said the bench.
The Division bench in an order passed on December 19, 2022 also said that the Court does not find any reason to interfere with the Orders passed by the Disciplinary Authority, the Tribunal and the Single Judge. The principles of natural justice and fair play have not been violated and the statutory provisions have strictly been adhered to in the disciplinary proceedings and, therefore, the findings of the learned Single Judge cannot be found fault with.
Nothing cogent has been brought on record by the Appellant/accused teacher to substantiate that the finding of the Inquiry Officer, as upheld by the Disciplinary Authority, the Tribunal and the Single Judge of this Court, is perverse which would warrant interference from this Court, noted the bench.
The matter pertaining to the year of 2006, it was stated that the Appellant is a T.G.T. Physics teacher at a repudiated Public school of Delhi, who was assigned to teach physics to Class IXth. Complainant was a student of Class IX of the said School and was called by the Appellant to the laboratory.
After some days the Appellant's teacher had put his hand, in which he was carrying a steel ball, in the Complainant"s upper T-shirt pocket. It was alleged that the Appellant did not withdraw his hand and touched the Complainant "in a bad manner" and, thus sexually molested her. It was stated that the Complainant was in a state of shock and while describing the incident to her class teacher and mother, she started crying.
Later, a complaint was filed and the Appellant was placed under suspension on the ground that he has exhibited a lack of integrity and is involved in sexual harassment, moral turpitude, and misbehavior towards a minor girl child which was in violation of Rule 123(b)(vii) and (viii) of the Delhi School Education Rules, 1973.
