Headmaster is the School’s Guardian, Must Report POCSO Incidents Immediately: Madras HC

In a stern observation, the Madras High Court emphasized that a school headmaster, as the custodian of the institution, bears an undeniable responsibility to act against any violation of child safety under the Protection of Children from Sexual Offences (POCSO) Act. Court stressed that if any incident covered under the POCSO Act occurs inside the school, the same has to be immediately intimated to the District Child Protection Officer or the Police concerned.

The high court dismissed a petition seeking to quash charges against a headmaster accused of failing to report a case of sexual abuse at his school.

The petitioner, Aathimoolam, served as the headmaster at a Coimbatore school where two accused individuals allegedly sexually assaulted a student in 2018. The victim, then in the eighth standard, lodged a complaint in 2022, resulting in an investigation under the POCSO Act. While the petitioner was not initially named in the FIR, subsequent investigations implicated him under Section 21(2) of the Act for failing to report the offence.

The petitioner argued that no complaints were made during his tenure and cited procedural delays, questioning the validity of the charges. He relied on a Kerala High Court judgment to strengthen his case. However, the court dismissed this defense, noting the case's distinct facts and emphasizing the critical need for trial proceedings to test the evidence.

The bench of Justice P. Velmurugan stated, “The Head Master is the guardian of the entire school. If any incident covered under POCSO Act has taken place, the same has to be immediately intimated either to the District Child Protection Officer or to the Police concerned whereas, in this case, the petitioner who was the Head Master of the School at the time of occurrence, neither informed about the sexual assault committed by the other accused to the authorities concerned nor taken any action against them".

Rejecting the petition to quash the charges, court observed that prima facie evidence supported the allegations against the petitioner.

Court also directed the investigating authorities to submit a report by December 12, 2024, detailing the steps taken against the petitioner, including potential departmental proceedings or other disciplinary measures. The matter has been listed for further hearing on December 16, 2024.

Case Title: Aathimoolam vs. State and Another