Kerala High Court: In a writ petition against Internal Complaints Committee’s (‘ICC’) enquiry report on sexual harassment, Devan Ramachandran, J. directed college authorities to constitute “Collegiate Students Redressal Committee”. The Court also suggested including lessons in good behaviour and etiquette in the curriculum and entrusted various authorities including Government of Kerala, General Education Department and Higher Education Department, Education Boards like the CBSE, ICSE and such others to look into it.
In the present matter, the petitioner, a student of TKM College of Engineering, misbehaved and groped certain girl students within the college campus. An enquiry was initiated against him before ICC. The petitioner was found guilty as per the committee’s enquiry report. ICC did not give the petitioner any chance of being heard during enquiry, as confirmed by both the parties.
According to the Court, the present matter seeks evaluation of facts relevant to the matter under consideration for determining the truth. Hence, the Court directed the college authorities to constitute a “Collegiate Students Redressal Committee” to hear the petitioner and affected persons before arriving at conclusion.
While addressing the petitioner’s request for taking part in the internal assessment, the Court observed that it will not be justified if an affirmative order is issued in the petitioner’s favour. The Court left it open to the college principal to decide whether the petitioner can be allowed for internal assessment or submission of thesis.
Compelled by the increasing number of cases of sexual harassment involving students within the campuses of educational institutions, the Court observed that it is time to think and introspect the matter very closely. It suggests that a child should be taught to respect the other gender.
The Court said that boys, even from a very young age, often grow up with certain sexist stereotypes, reinforced by peers and other social influences. Showing a girl/woman respect and honour is not old fashioned. On the contrary, it is a virtue for all times. The archaic concept of masculinity has changed; it needs to change more. Sexism is not acceptable or cool. Boys must know that they should not touch a girl/woman without explicit consent. They should understand that a ‘No’ means ‘No’.
The Court also quoted Ibn Qayyim Al-Jawziyya (Islamic jurist) – “Women are one half of the society, which gives birth to the other half. So, it is as if they are the entire society.”
The Court said that lessons in good behaviour and etiquette must be part of the curriculum. Teachers must be encouraged to instill virtues and values in students from primary level. The Court directed the Registry to serve a copy of this judgment to several education authorities and entrusted the official policy makers and influencers in the field of education to bestow attention to this matter.
The Court disposed of the present matter as far as the allegations of sexual harassment, ICC report and ordered for constituting a statutory “Collegiate Students Redressal Committee”. However, the Court ordered another listing for directions to Government Authorities in the field of education, seeking a report on necessary decisions and action taken.
[Aaron S. John v. TKM College of Engineering, 2023 SCC OnLine Ker 390, decided on 18-01-2023]
Advocates who appeared in this case :
Counsels for Petitioner: Advocate Deepak Joy K., Advocate Sandhya Raman and Advocate Ajai John;
Counsels for Respondents: Advocate George Poonthottam, Advocate Sunil J., Advocate Nisha George, Advocate Elvin Peter, Advocate S. Krishnamoorthy.
