The Delhi High Court recently addressed the growing issue of sexual harassment by teachers in educational institutions, emphasizing the seriousness of such offenses and the abuse of power. The court highlighted the sacred nature of the teacher-student relationship and the role teachers play in holistic student development.
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The Delhi High Court has voiced its concerns over the distressing trend of sexual harassment of students by their educators. This case, involving Dr. Amit Kumar v Bharati College, has shed light on the grave issue of abuse of power within the sacred confines of educational institutions.
Justice Chandra Dhari Singh, presiding over the case, underscored the severity of the offense, highlighting the betrayal of trust and the misuse of a position of power.
“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 elaborated on the sanctity of the teacher-student relationship, emphasizing its foundational role in the holistic development of a student.
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“The 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. A teacher is not only a person who teaches in a classroom but one who encourages and inspires the students to become a holistic person,”
–the Court remarked.
The backdrop of this landmark judgment was a plea by Dr. Amit Kumar, a professor at Delhi University’s Bharati College, who was suspended following allegations of sexual harassment by students. The controversy extended to financial disputes, with Kumar challenging the university’s decision to reclaim Rs. 6.42 lakh, allegedly overpaid to him.
The court sided with Kumar regarding the financial aspect, stating that the amount could not be recovered as it had been paid before his suspension was officially sanctioned by the Vice-Chancellor.
“Accordingly, the order dated 4th March, 2020 and audit memo dated 20th January, 2020 are set aside and it is directed that the amount declared as overpaid is not to be recovered from the petitioner, however, the petitioner is not entitled to the increments as prayed for in prayer ‘b’,”
– concluded the Court.
Representing Dr. Amit Kumar were advocates Vishwendra Verma, Shivali, and Archit Verma, while Bharati College was represented by advocates Beenashaw N Soni, Mansi Jain, and Ann Joseph.
