Exercise proper control over teachers indulging in indiscipline: Madras HC
Chennai: In view of the growing indiscipline in the government schools, more so, amongst the teachers and growing instances of sexual harassment in schools, colleges, universities, the Madras high court has said proper control over these teachers is to be exercised by competent authorities and in case of any such information about the misconducts, immediate action is to be taken and they must be prosecuted under the Discipline and Appeal Rules.
Justice S.M.Subramaniam made the observation while passing orders on a petition from a headmaster, challenging his transfer in Coimbatore district.
The judge said the growing indiscipline in schools, colleges and universities is the greatest concern, which affects the development of our great nation. This apart, children and students are the future of this great nation. If the school education and collegiate education are not properly imparted, then the same will create an impact throughout their life. Thus, discipline in the schools, colleges and universities are of paramount importance, the judge added.
The judge said encouragement of original thinking of the children and students is also equally important. Competent educational authorities must striking a balance. Thus, the standard of discipline, the quality of freedom, opportunity for original thinking, are all to be provided only by the teachers, responsible and considered as the performers of noble duty. “This court with great pain, records that growing instances of sexual harassment in schools, colleges and universities are causing greatest concern both to the parents as well as to society at large. Even young school children are not spared. Such instances are frequently published in the media. However, the authorities are not showing any sensitiveness towards these issues. They are pretending to be sensitive, but actually not. If at all, the genuinity in sensitiveness is to be established, consistent and constant actions are to be initiated. No such actions are initiated. Contrarily, they are closing the issues by taking action in a particular case a
lone. Streamlining of the discipline and improvements in the system, are not implemented in order to avoid such growing offences of sexual harassment in educational institutions. It is unfortunate to record that only very few cases are reported in the public domain. Large numbers of such cases is decently buried on extraneous considerations. Thus, the parents and the interested persons are bound to have a vigil over these kind of offences”, the judge added.
The judge said the activities in the schools were not only to be monitored by the educational authorities, but also, to be monitored by the parents and all other interested persons. If any such incidences were noticed, then the parents, public, students must be in a position to immediately register a complaint in a toll free telephone number, which was to be provided by the education department of the state. In the event of receiving any such complaint from any person, the authorities must immediately conduct an enquiry and find out the truth regarding the complaint. Such a system requires an immediate implementation in order to create awareness in the minds of the students, parents, and public at large, the judge added.
The judge said all the students were good. Every student has got his/her ambitions in their life. They were striving hard to reach their goal and ambitions. Thus, it was duty mandatory on the part of the parents as well as the teachers to kindle them to achieve their goals and ambitions. In the event of any failure on the part of the “state” to initiate action in these aspects, undoubtedly, the “state” was failing in its duty to achieve the Constitutional goals and perspectives. Our Constitution provides importance to education. Our Constitution speaks about education. Thus, the “state” must be vigilant in the matter of improving the quality of education by monitoring the activities of the teachers, who all were otherwise committing negligence, lapses and dereliction of duty, which all were frequently noticed and criticized in the public domain, the judge added.
Toll free numbers to lodge complaints against teachers
The Madras high court has directed the state government to provide toll free telephone numbers, within 8 weeks, enabling the students, parents, interested persons, and public in general to register complaints regarding the indiscipline, illegal activities, irregularities and sexual harassment and also in respect of the conduct of private trade business or tuitions or tutorial classes by the teachers or authorities of the education department.
Justice S.M.Subramaniam also directed the state government to display the toll free numbers and the details of the authorities on the notice board of all schools and educational institutions across the state of Tamil Nadu in bold letters in a visible place, which would be accessible to parents, students and the public in general.
The state government is directed to ensure that the complaints, if any registered through such telephone numbers are attended immediately by the designated authorities and swift actions are initiated within 24 hours from the time of registration of a complaint, the judge added.
The judge also directed the state government to issue consolidated instructions/circulars to all the educational institutions/schools, stating that the teachers and the public servants shall not involve in any trade business or taking tuitions or tutorial classes even after the school hours or in holidays by clearly mentioning that such conduct of trade, business or taking tuitions etc., were already described as misconduct under the Tamil Nadu Govern ments Conduct Rules, warranting disciplinary proceedings under the relevant rules.
