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L22b
Lawyers Collective Magazine, 01 May 2008
Sexual Abuse At School: Court Favours Monitoring System

The Madras High Court has stressed the need to establish a confidential and independent monitoring system in government and private schools to prevent sexual abuse and harassment of girls.

Dismissing a bail application filed by a schoolteacher accused of sexually harassing a 13-year-old girl, Justice K.N. Basha said: “This court has no hesitation to state that the commission of sexual assault by the teachers on vulnerable students of tender age must be viewed with all seriousness and dealt with an iron hand by the authorities concerned.”

He pointed out that a National Crime Records Bureau report reflected the frequent sexual abuse of children, and most of the incidents went unreported. Human rights activists, too, were aggrieved at the increasing sexual abuse at school. Yet another worrying factor was that many such children resorted to suicide.

“Teachers are the guiding stars, custodian and guardian of students on the school premises. The view among the public is that children are safer at school. But unfortunately the recent reports of frequent incidents of sexual abuse of children at schools cause a very serious concern, threatening to shatter the picture of a happy Indian family,” the judge said.

Recalling that shocking incidents of sexual abuse and molestation by teachers came to light at the one-day hearing of the National Commission for Protection of Child Rights in Chennai in January, the judge said: “Teachers are always respected as Gurus…But only a very few teachers are committing the offence of sexual abuse, tarnishing the image of the noble profession.”

Pat for State


Mr. Justice Basha commended the State Government for abolishing corporal punishment in schools in 2007 to prevent the abuse of children in various kinds. He also appreciated the School Education Department for constituting a complaint cell to provide assistance to students who face abuse. The cell had received 255 complaints till December 2006, and 427 complaints between January 2007 and March 2008.




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