Schools may frame anti-sexual harassment policy: Madras HC issues directives to State Govt
In 2012, after rising reported instances of sexual abuse against students by teachers, a counselling service on wheels was introduced by the government. However, the petitioner alleged that no steps had been taken to implement the same.
The Madurai Bench of the Madras High Court recently issued an array of directions to the Tamil Nadu Government for effective implementation of policies and legislations framed against sexual crimes in schools across the State.
Importantly, court suggested that an anti-sexual harassment policy may also be framed by the schools and a copy of the same should be distributed to the students and teachers.
The bench of Justice R. Mahadevan and Justice J.Sathya Narayana Prasad ordered that the School Education Department in coordination with the State Commission for Protection of Child shall ensure that Internal Complaints Committee is constituted in schools as required under the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013.
Court directed that the department shall also ensure that every school has a reporting and redressal mechanism in place and it is made known to the students.
Court said that sexual abuse is an assault on the very dignity and personhood of a child, which leaves a lasting trauma on children hindering their overall development.
Keeping the same in view, court ordered that a nodal body with representatives from the State Commission for Protection of Child and School Education Department shall be formed to coordinate and monitor the Government led awareness and sensitization programmes in schools on sexual abuse; and monitor the operationalization of mobile counselling centers.
The directions were issued in a writ petition moved by social activist A. Veronica Mary based on the report published in the newspapers about an arrest of a school teacher for teaching in an obscene manner. A girl student had attempted suicide as the result of sexual harassment.
Mary had sought issuance of a writ of mandamus, directing the respondent authorities to ensure proper functioning of the mobile counselling centres to prevent sexual crimes against the students in Government Schools, Government Aided Schools and Private Schools.
Mary had relied on a government order dated May 17, 2012 issued by the School Education Department which was passed to set up mobile counselling centres, offering counselling services to the students through a professional counsellor or an assistant, giving awareness to the students and training to the teachers, for the purpose of solving the problems relating to sexual harassment in schools.
Mary had alleged that such mobile counselling centres have not been in operation effectively in any District.
Court directed the respondents to consider the representation made in September this year by Mary to take steps to ensure the functioning of the mobile counselling centres and take immediate action.
Court ordered that if the mobile counselling services are found to be not functioning properly, the same should be in operation forthwith.
Case Title: A.Veronica Mary v. State of Tamil Nadu and Ors.