"Abuse of power": Delhi High Court on increase in sexual harassment of students by teachers

The Delhi High Court recently expressed concerns about the growing instances of sexual harassment of students by their teachers and professors [Dr Amit Kumar v Bharati College]..Justice Chandra Dhari Singh said that this is a serious offence and an abuse of position power.“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.” The Court also explained that the relationship between a teacher and student is of the most pious nature and a teacher plays a big role in the holistic development of a student.“The relationship between students and teachers dates back to the Vedas and runs through every epic that has overcome evil. Such a relationship is that of knowledge and devotion. 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 a holistic person,” the Court said..The Court made these remarks while dealing with a plea filed by one Dr Amit Kumar, a professor of Delhi University’s (DU) Bharati College suspended on allegations of sexual harassment levelled by students.Kumar approached the High Court challenging the University’s decision to recover ₹6.42 lakh from him. The DU had said that this amount was overpaid to him..The Court considered the case and held that DU cannot recover the amount from Kumar since the same had been paid to him prior to his suspension being approved by the Vice-Chancellor.“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 concluded..Advocates Vishwendra Verma, Shivali and Archit Verma appeared for Dr Amit Kumar.Bharati College was represented through advocates Beenashaw N Soni, Mansi Jain and Ann Joseph..[Read Judgment]