High Court in Delhi chooses not to meddle in the termination of a university professor from DU, alleged for sexually harassing students.
In a significant ruling, the Delhi High Court has upheld the compulsory retirement of Dr Amit Kumar, a professor at Delhi University, following allegations of sexual harassment made by four women, including three students and one alumna. The allegations included objectionable messages with sexual innuendos sent through Facebook Messenger and WhatsApp.
The University’s Internal Complaints Committee (ICC) conducted an inquiry under the Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act (POSH Act) and found a prima facie case of sexual harassment against Dr. Kumar. Upon challenge by Dr. Kumar, the High Court upheld the ICC’s findings and the decision of compulsory retirement.
Justice Subramonium Prasad, in his order, emphasised the importance of the POSH Act in providing a safe, secure environment for female students. He acknowledged the psychological harm caused by sexual harassment from mentors and teachers and noted that virtual interactions on messaging apps and social media platforms fall within the legal definition of “workplace” under the POSH Act.
The Court’s stance underscores a serious approach towards sexual harassment allegations, including those involving digital communications, and the need for strict disciplinary action. It also affirms that the scope of the POSH Act covers online platforms used for professional or educational communication, reinforcing protections against harassment beyond physical workplace boundaries.
The upholding of compulsory retirement signals a strong institutional and judicial commitment to curbing sexual harassment in educational institutions, potentially deterring future misconduct. The Court found no irregularity in the reasons of the ICC for condoning the delay in filing the complaint against Dr Kumar.
Dr Kumar was given a fair hearing during the inquiry. However, he did not file an appeal against the ICC decision as per the law, leading to Delhi University issuing a letter of compulsory retirement to Dr Kumar. The Court also found "no illegality whatsoever in the constitution of the ICC".
The Court did not reproduce the obscene and profane messages sent by Dr Amit Kumar, but Justice Subramonium Prasad held that given the objective of the Act, the incidents of sexual harassment cannot be seen in isolation. He emphasised the importance of internal committees like the ICC in addressing such complaints promptly and effectively.
The case solidifies the legal interpretation that electronic communication with students by faculty members is governed by the same standards of conduct expected physically on campus, supporting a broader and safer definition of “workplace” for the purposes of sexual harassment law.
Senior Advocate Puneet Jain with Advocates Om Sudhir Vidyarthi, Mann Arora, Harsh Vardhan Sharma, Neeraj Kumar, Vishwendra Verma, and Shivali represented Dr Kumar. Advocate Seema Dolo represented Delhi University. The Court did not find any failure of the Executive Authority to pass a speaking order or any prejudice resulting from the same.
- In the realm of education and self-development, this case serves as a reminder of the importance of upholding the ethical standards of conduct, especially in digital communications between faculty members and students, to ensure mental health and personal growth for all.
- This ruling emphasizes the vital role of health and wellness, including sexual and mental health, in fostering an environment free from harassment and discrimination, demonstrating a commitment to the learning and growth of students.
- As the legal landscape evolves, it's essential for institutions and individuals to recognize that educational and professional communication, whether conducted in person or virtually, falls within the scope of laws like the POSH Act, designed to protect those involved from harassment or misconduct.
