Kerala High Court quashes FIR against CUSAT teacher accused of sexually harassing law student

The Kerala High Court recently quashed the criminal proceedings against a teacher at the Cochin University of Science and Technology (CUSAT) who was accused of sexually harassing a law student. .Justice A Badharudeen noted that the physical contact between the teacher and the student occurred when he was barring her and another student from moving towards the stage during a cultural event.The Court said that such contact cannot be held to be sexual harassment. "In such a situation, it could not be held, prima facie, that the petitioner herein had any intention to outrage modesty of the defacto complainant in any manner or to harass her sexually. That apart, the physical contact as part of such resistance could not be held as the one which advanced unwelcome and explicit sexual overtures," the Court said while quashing the case against the teacher. The Court noted the teacher is also the Director of the Youth Welfare Board and a member of the Syndicate of CUSAT.Hence, it issued directions to protect the student from any retaliation."It is specifically ordered that the petitioner shall not in any way do any hazards or hindrance to the petitioner’s study in completing her BA LLB course and any retaliatory measures from the part of the petitioner will be taken with such degree of seriousness and the defacto complainant is free to move as per law to neutralize any such acts," the order stated. .The order was passed on a petition moved by the accused-teacher seeking to quash the case registered against him following an altercation with the female law student at CUSAT's youth festival 'Sargam' in March this year. The student alleged that when she and a male student were trying to go towards the stage to take a lamp after the event concluded, the accused teacher asked her to leave. When she persisted, the accused got angry and allegedly grabbed her breast twice. According to the student, the teacher threatened her by saying that he would make sure that her studies are stopped if she goes to the police with any complaint. However, she filed a police complaint following which an FIR was registered against the accused teacher alleging commission of offences punishable under Sections 354 (criminal force against woman to outrage her modesty), 354A (sexual harassment, and 506 (criminal intimidation) of the Indian Penal Code..Before the High Court, the petitioner-accused submitted that similar event at CUSAT in 2023 had ended in a stampede which resulted in the death of 4 students and injured over 60 others. Hence, Sargam was conducted this year with restricted rules one among which was that all events must end before 9 pm. According to the petitioner, he, being a syndicate member, was directed by the Vice-chancellor of the university to supervise and implement these rules. When the complainant and other students tried to go to the stage after 9 pm, he blocked their way. The complaint-student alleged that he touched her breast but the petitioner refuted it contending that the incident was witnessed by several others. He also argued that the complaint by the student was filed before the Vice Chancellor nearly 4 months after the incident and that it was motivated by the university politics..After analysing the facts of the case and the provisions of the law, the High Court opined that the failure to lodge a complaint with university authorities soon after the incident showed that the allegations in the complaint and in the statement to the police were afterthoughts.Moreover, physical contact of the nature described cannot be ascribed sexual intentions, the Court said..Physical contact as part of such resistance could not be held as the one which advanced unwelcome and explicit sexual overturesKerala High Court.Therefore, the Court allowed the teacher's petition but ordered that he shall not cause any hinderance to the law student's studies in retaliation..The teacher was represented by advocates Salim VS, AM Fousi, AB Ajin and H Nujumudeen. The law student was represented by advocate Asif MA.Public Prosecutor MP Prasanth appeared for the State. .[Read Order]