The Kerala High Court took notice of the increase in the number of sexual harassment cases within educational institutions and that such complaints were mostly against boys. The Court observed that from a very young age, boys grow up with certain sexist stereotypes that are reinforced by peer and social influences.
It was expounded by the Court that treating a woman with respect and honour is a sign of virtue and not something old-fashioned. Boys must be taught from a young age about respecting women as the way they treat women shows a lot about their upbringing and personality. The Bench further added that sexism is not “cool”.
Brief Facts:
The present case is concerned with the allegations of sexual harassment. The Petitioner allegedly misbehaved with a group of girls within the campus of the Respondent-College. An enquiry was initiated by the statutory Internal Complaints Committee (“ICC”) which found the Petitioner guilty.
Contentions of the Petitioner:
It was contended that the order was passed without allowing the Petitioner to be heard.
Contentions of the Respondents:
It was submitted that in such cases normally the first recourse should be to the “Collegiate Students Redressal Committee”, a statutory committee constituted by the College and then a decision can be taken on the report of the ICC.
It was argued that hearing the Petitioner was not required as the ICC found him guilty and hence, the decision was up to the principal.
Observations of the Court:
Observations of the Court:
It was observed that the case was at that stage where germane facts would be evaluated, and truth had to be determined. The Competent Authority had to decide after hearing the Petitioner. Hence, Respondent-College was directed to constitute the statutory committee and hear the Petitioner before taking a final decision.
Further, the High Court took notice of the increase in the number of sexual harassment cases within educational institutions and that such complaints are mostly against boys. The Court observed that from a very young age, boys grow up with certain sexist stereotypes that are reinforced by peer and social influences.
It was expounded by the Court that treating a woman with respect and honour is a sign of virtue and not something old-fashioned. Boys must be taught from a young age about respecting women as the way they treat women shows a lot about their upbringing and personality. The Bench further added that sexism is not “cool”.
Quoting Ibn Qayyim Al-Jawziyya, “Women are one half of the society, which gives birth to the other half, so it is as if they are the entire society.”, the High Court further propounded that bullying woman is a sign of weak masculinity.
Further, the Court added that the focus in the educational system should not shift from mere academic results to value education that teaches character building.
Suggesting that the lessons related to good behaviour and etiquette must be a part of the curriculum, the Kerala High Court directed the copy of the judgement to be served to the Education Boards and the Higher Education Department as well.
The decision of the Court:
Accordingly, the writ petition was disposed of.
Case Title: Aaron S John v. TMK College of Engineering & Ors.
Case No: WP(C) No. 42412 of 2022
Coram: Hon’ble Mr. Justice Devan Ramachandran
Advocates for Petitioner: Advs. Deepak Joy K., Sandhya Raman, Ajai John
Advocates for Respondents: Advs. George Poonthottam, Sunil J., Nisha George, Sri Elvin Peter
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