Delhi High Court upholds dismissal of Delhi University professor accused of sexually harassing students, affirming Internal Complaints Committee findings under the POSH Act for workplace misconduct.
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NEW DELHI: The Delhi High Court recently upheld the decision of the Internal Complaints Committee (ICC) of Delhi University recommending the compulsory retirement of Dr. Amit Kumar, a faculty member accused of sexual harassment by students. The Court’s decision in Dr Amit Kumar v. University of Delhi reiterates the protective framework offered by the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (POSH Act) and stresses the need for accountability even in digital communication spaces.
Four women, three students, and one alumnus filed complaints against Dr. Amit Kumar, alleging that he had sent them messages filled with sexual intent via Facebook Messenger and WhatsApp. These messages, the students claimed, were unsolicited, inappropriate, and created a hostile environment.
The Internal Complaints Committee of the University, after a thorough inquiry, found a prima facie case of sexual harassment under the POSH Act and recommended Kumar’s compulsory retirement. Delhi University, acting on this recommendation, issued a termination letter.
Dr. Kumar challenged the University’s decision on multiple grounds:
- The applicability of the POSH Act, arguing that interactions on social media do not constitute harassment at the “workplace.”
- The delay in filing complaints by the students.
- The constitution and procedural fairness of the ICC.
- The substantive findings of the Committee.
- The lack of a “speaking order” by the Executive Authority.
High Court’s Observations and Rulings
Justice Subramonium Prasad firmly rejected the contention that harassment on social media is outside the POSH Act’s purview. The Court held that:
“It is often seen that female students are reluctant to report such misconduct… The purpose of the POSH Act inter alia is to provide and assure female students of a safe and secure environment where they can study freely.”
The Court emphasized that harassment in the digital space, especially when initiated by someone in a position of authority within the institution, falls squarely within the scope of the POSH Act.
Kumar had argued that the complaints were time-barred. The Court dismissed this claim, noting:
“These incidents did not stop even after the confrontation… therefore, given the objective of the Act, these incidents cannot be seen in isolation.”
The ICC’s reasoning to condone the delay was found to be just, reasonable, and consistent with the spirit of the Act, considering the continuous nature of the harassment.
After examining the messages submitted as evidence, the Court refrained from reproducing their content in the judgment, stating:
“Given the obscene and profane nature of these messages, the same are not being reproduced.”
This choice underscored the severity of the content and the Court’s view that such behavior was undeniably inappropriate for an educator.
Kumar claimed that he was unaware of proper legal remedies. The Court responded:
“This Court finds it difficult to digest that the Petitioner was a novice in the matter of his legal rights and remedies.”
It noted that he had filed multiple legal petitions, including appeals, and had received a fair hearing throughout the ICC and university processes.
Case Title: Dr Amit Kumar v. University Of Delhi
W.P.(C) 586/2021 & CM APPL. 42639/2024
READ JUDGMENT HERE
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