HC upholds DU prof's removal after findings in assault case
Delhi High Court
has upheld the removal of a Delhi University professor who challenged the adverse findings of an internal complaints committee (ICC) that found multiple allegations of sexual harassment against him.
The ICC had also highlighted that virtual interactions between a teacher and students on messaging apps or social media sites fall within the definition of "workplace" under the POSH Act, 2013.
"Teachers shape the careers of young aspiring students for a better future. The act of sexual harassment by these very teachers, who are considered as our guides and mentors, against young female students who have just attained majority, has a deleterious effect on the psyche of such students," Justice Subramanium Prasad noted in a recent order, dismissing the plea of Dr Amit Kumar, challenging his compulsory retirement by DU.
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Kumar was with the department of political science at DU's Bharti College where multiple complaints were filed by students accusing him of sexual harassment. The court noted that all the complaints pertained to the sexual innuendoes/advances by Kumar in Facebook Messenger chats and WhatsApp chats sent by him to the complainants. "This court has perused the content of these messages and the transcript of the tele-conversation which were submitted by the complainants as evidence.
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Given the obscene and profane nature of these messages, the same are not being reproduced," the court said.
The complaints were made in Feb 2018, shortly after a video of students confronting the professor about his conduct became public and was circulated. It sparked student protests and demands for an inquiry, prompting the university to set up an ICC.
While Kumar argued that there were several irregularities and he was not given a fair hearing by the ICC and DU authorities, the high court found no violation of rules in how the ICC was constituted or how the inquiry was conducted. "The complaint of violation of procedural provision should be examined from the point of view of prejudice, viz., whether such violation has prejudiced the delinquent officer/employee in defending himself properly and effectively," it said.
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