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Synopsis

The Delhi High Court has voiced serious apprehensions regarding the alarming rise in cases of sexual harassment perpetrated by teachers and professors against their students.

Justice Chandra Dhari Singh underscored the gravity of such offenses, describing them as a severe abuse of power.

The court emphasized the sacred duty entrusted to teachers in nurturing young minds and imparting knowledge, stressing that this authority should not be misused.

Justice Singh lamented the betrayal of trust inherent in acts of sexual harassment by educators, particularly considering the expectation of parents that their children will be safe under the care of teachers.

"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," he said.

Furthermore, the court highlighted the revered and ancient bond between teachers and students, noting its significance in fostering holistic development.

"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 holistic person," the court said.

It emphasized the historical and spiritual importance of the teacher-student relationship, which has been celebrated throughout literary and religious traditions.

These remarks were made in the context of a petition filed by Dr. Amit Kumar, a professor at Bharati College of Delhi University, who was suspended over allegations of sexual harassment by students. Kumar contested the university's decision to recover Rs. 6.42 lakh from him, which it claimed was overpaid.

In its ruling, the court held that Delhi University (DU) could not recover the amount from Kumar, as it was paid to him prior to the approval of his suspension by the Vice-Chancellor.

The court set aside the order and audit memo related to the recovery, clarifying that Kumar would not be entitled to the requested increments.

"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', " the court ordered.

Case Title: Dr Amit Kumar v. Bharati College