The Delhi High Court observed that the mental state of a minor is vulnerable, impressionable and at a developing stage and sexual assault has the potential to cause mental trauma. file. , Photo Credit: Sushil Kumar Verma
In cases of sexual harassment, the well-being of school-going children is of paramount importance as the long-term effects of such incidents are immeasurable, the Delhi High Court has said while upholding the punishment of compulsory retirement of a physics teacher who sexually assaulted a class. 9 students.
The court observed that the mental mindset of a minor is at a vulnerable, impressionable and developing stage and sexual assault has the potential to cause mental trauma which may affect the thought process of the child in years to come.
A bench of Chief Justice Satish Chandra Sharma and Justice Subramaniam Prasad noted that the Act may have the effect of hindering the normal social development of the child and may lead to various psycho-social problems which may require psychological intervention .
The court’s order came on an appeal by the teacher against the order of the single judge upholding the order of the Delhi School Tribunal and the order of the disciplinary authority imposing the penalty of compulsory retirement.
The appellant, who was a physics teacher in a private school, was accused of sexually assaulting and molesting a minor girl.
“The facts of the case reveal that the complainant, who is a student of class IX, has been a victim of sexual harassment. While dealing with matters relating to harassment of school going children, the welfare of the child should be of paramount consideration, Whose mental state is in a weak, impressionable and developing state,” the court said in its December 19 order.
“The long-term effects of childhood sexual abuse are at times immeasurable. Therefore, a single act of sexual abuse has the potential to traumatize the child and determine their thought process for years to come. may have the effect of hindering normal social development and may lead to various psycho-social problems, which may require psychological intervention,” the court dismissed the appeal of the appellant teacher.
The Appellant argued that the Single Judge failed to appreciate that the inquiry against him was conducted in violation of the principles of natural justice and the composition of the Inquiry Committee was not in accordance with law.
The court, however, declined to interfere with the penalty imposed on the appellant, holding that the principles of natural justice and fair play were not violated and that the statutory provisions were “strictly followed in the disciplinary proceedings”. .
The court said that “the findings of the Single Judge cannot be found fault with” and “the present case is not one in which this Court can interfere in the proceedings of the Departmental Inquiry”.
“Nothing concrete has been brought on record by the appellant to establish 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 calls for interference by this Court. would be required,” the court said.
“This court finds no reason to interfere with the orders passed by the Disciplinary Authority, the Tribunal and the learned Single Judge. Accordingly, the appeal is dismissed, along with the pending application(s), if any,” the court ordered.