The Madras high court has ordered the constitution of a fresh committee that is familiar with the guidelines issued by the Supreme Court in the Vishaka case, to probe complaints of alleged misconduct and sexual harassment by a teacher against other teachers and students of Don Bosco Matriculation High Secondary School in Egmore.
The apex court had in the case of Vishaka vs State of Rajasthan in 1997 given several guidelines to ensure prevention of sexual harassment of women.
Justice K. Chandru expressed dissatisfaction over the inquiry conducted by the special inquiry committee, disbanded it and directed Don Bosco school to constitute a fresh committee comprising people conscious of the decision in the Vishaka case to inquire into the complaints against the teacher, Tharmen Fernandes.
The judge said that the statement of Sneha Rajan, a parent of a student, must be examined though she is a third party. The January 28, 2011, complaint of the principal sent to the management should also be made available to the committee and the principal should be examined by the panel, he said.
The special committee should give its report in accordance with the guidelines issued in the Vishaka case, the judge clarified.
The judge pointed out that as students were likely to continue their studies in the school witnesses should not be brought into eye contact with the chargesheeted teacher and should be cross examined only in the manner directed by the Supreme Court.
The inquiry officer (Jeyaraman, a retired district judge) who was appointed, will permit the child witnesses to be examined strictly in the light of case of Sakshi vs Union of India in 2004.
The judge pointed to the complaints that alleged Fernandes had used the word ‘bitch’ against many persons and this clearly shows that allegations come under sexual harassment.