Social Media Used For Academic Interaction Falls In Ambit Of Workplace Under POSH Law: Delhi HC
The Delhi High Court has upheld the compulsory retirement of a Delhi University assistant professor after an internal complaints committee found him guilty of sexually harassing four students and an alumna via WhatsApp and Facebook messages.
The court ruled that social media platforms used in the context of academic interactions are within the ambit of a workplace under the POSH law. The professor had challenged the findings of the internal complaints committee (ICC) and the university's disciplinary action, claiming procedural irregularities and arguing that private social media conversations should not be treated as workplace harassment.
The court rejected all grounds of challenge. The complaints, filed in 2018, alleged that the professor had sent sexually charged, inappropriate, and unsolicited messages through Facebook Messenger and WhatsApp. Screenshots submitted by the complainants revealed late-night texts with sexual innuendos and repeated digital contact despite objections.
The ICC found the complaints credible and concluded that the conduct constituted sexual harassment under Section 2(n) of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013. The inquiry established that the accused used his position to exploit academic and personal boundaries over digital platforms.
The professor was issued a show-cause notice in July 2018. After considering his written response and oral submissions before the governing body, the university accepted the ICC's recommendation and imposed the penalty of compulsory retirement in October 2018, which was subsequently ratified by the vice-chancellor.
In his petition before the Delhi High Court, the professor argued that the ICC was not properly constituted and that the inquiry process violated Rule 7(7) of the POSH Rules. He claimed the committee had failed to offer him sufficient opportunity to cross-examine the complainants and that no detailed 'speaking order" was issued by the university in the final disciplinary decision.
Justice Subramonium Prasad, however, dismissed the petition. The court held that the ICC was validly constituted and the inquiry was conducted as per law. The professor's non-cooperation during evidence collection and cross-examination was noted on record, and the court found no procedural irregularity that could vitiate the process.
Significantly, the HC held that digital platforms like WhatsApp and Facebook, when used in the context of academic or hierarchical relationships, fall within the scope of 'workplace" under the POSH Act. The power dynamic between the professor and the students was relevant in establishing the workplace context, despite the online medium.
The court observed that the 'WhatsApp and Facebook messages sent by the petitioner are so profane that this court refrains from reproducing the same in the order". It also remarked that 'teachers shape the careers of young aspiring students", and misconduct by educators has a 'deleterious effect on the psyche" of the victims.
The court clarified that the absence of a speaking order from the university did not cause prejudice to the petitioner, since the disciplinary process followed ICC findings and provided both notice and hearing.
The ruling reaffirms the legal validity of ICC inquiries under the POSH Act and reinforces the interpretation that harassment through digital channels by a person in authority, even outside institutional premises, can constitute workplace sexual harassment.
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