The bench stated “sexual harassment of a girl student (who is also a minor) by any teacher would figure quite high in the list of offences of grave nature since it has far-reaching consequences.”
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NEW DELHI: The Supreme Court of India addressed a case involving a male school teacher’s actions towards a minor girl student. The court emphasized that presenting flowers to the student and pressuring her to accept them in front of others within a classroom setting constitutes sexual harassment under the Protection of Children from Sexual Offences (POCSO) Act.
A bench comprising Justice Dipankar Datta, Justice K V Vishwanathan, and Justice Sandeep Mehta thoroughly examined the evidence presented in the case. They noted significant discrepancies in the testimony provided by the allegedly harassed minor student and the witnesses. As a result, the Supreme Court set aside the previous rulings of both a Tamil Nadu trial court and the Madras High Court, which had sentenced the teacher to three years’ imprisonment.
Section 11 POCSO ACT
Sexual harassment.
A person is said to commit sexual harassment upon a child when such person with sexual intent,–
(i) utters any word or makes any sound, or makes any gesture or exhibits any object or part of body with the intention that such word or sound shall be heard, or such gesture or object or part of body shall be seen by the child; or
(ii) makes a child exhibit his body or any part of his body so as it is seen by such person or any other person; or
(iii) shows any object to a child in any form or media for pornographic purposes; or
(iv) repeatedly or constantly follows or watches or contacts a child either directly or through electronic, digital or any other means; or
(v) threatens to use, in any form of media, a real or fabricated depiction through electronic, film or digital or any other mode, of any part of the body of the child or the involvement of the child in a sexual act; or
(vi) entices a child for pornographic purposes or gives gratification therefor.
Explanation.–Any question which involves ‘[sexual intent” shall be a question of fact.
Acquitting the convicted teacher, the bench said,
“We quite agree with the submissions of senior counsel for the State that an act of sexual harassment of a girl student (who is also a minor) by any teacher would figure quite high in the list of offences of grave nature since it has far-reaching consequences.”
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Justice Datta, while giving the judgement, emphasized the applicability of the stringent provisions of the POCSO Act when such incidents occur in public places like schools. However, the courts must also remain cognizant of the potential impact on a teacher’s reputation and refrain from allowing minor girls to be manipulated to tarnish the reputation of a teacher, whose societal role includes ensuring the safety of girls.
The Supreme Court identified substantial contradictions in the statements provided by the minor girl and considered the potential scenario of her being manipulated as a means to settle scores with the teacher due to a prior incident involving her relatives and the teacher.
