C. Seetha vs The Inspector of Police

S. Vaidyanathan, J.—The Petitioner has come forward with the present Criminal Original Petition to quash the FIR in Crime No.2 of 2014 dated 16.3.2014 filed under Sections 10 & 21(2) of the Protection of Children from Sexual Offence Act, 2012 (herein after called the "Act 2012") on the file of the 1st Respondent insofar as the Petitioner is concerned.

The case of the Petitioner is that victim minor girl viz., Gayathri and 3 girl students, who are studying 8th standard in Government Middle School, Melavellur, Thirupuvanam, Sivagangai District, have been sexually molested by one part time Drawing Master viz., S. Gana Uthayam and these girls made a Complaint to the Petitioner and the Petitioner had replied saying that the Drawing Master would have done it playfully and advised not to disclose the matter to anyone and the Petitioner further threatened that those students would be tailed in the exam, if they disclose the matter to anyone, While so, on 16.3.2014 the said Gayathri informed to her parent about the said incident which has taken place on 12.12.2014 and the said offence attracts the Protection of Children from Sexual Offences Act, 2012.

The Petitioner has further stated that she is working as Headmistress in the said School from 2.6.2009 and put in 26 years of service and she came to know about the incident only on 17.2.2014 as she was on Medical Leave from 3.2.2014 to 13.2.2014 and joined duty only on 17.2.2014. It is further stated that the Village Panchayat President and others have made a representation stating that the Education Department has to lodge Police Complaint and also to take Disciplinary proceedings against the said Drawing Master as it would affect the life of the minor girls. According to the Petitioner, her hands were tied and she was unable to make a Complaint as she feared untoward incident may happen to the minor girls, who were affected by the said Drawing Master. The Petitioner also stated that because of the incident, she has been placed under suspension and after submitting her explanation to District Elementary Educational Officer, dated 19.5.2014, the suspension has been revoked and now she is in service. However, Disciplinary proceedings are pending.

The learned Senior Counsel appearing for the Petitioner submitted that there is no useful purpose to proceed against, the Petitioner as there is no offence said to have been committed by her. He further submitted that the Petitioner can be at the best a witness and not a co-accused as she has not committed any offence much less the offence mentioned in the FIR.

Heard the learned Senior Counsel for the Petitioner and the learned Government Advocate (Oil. side) appearing for the Respondent.

I am not inclined to quash the FIR at this stage. Since the matter is at the FIR stage, the Petitioner need not apprehend that the entire case will be foisted against her. Since the incident has taken place on 12.2.2014, this Court directs the First Respondent-Police to investigate the matter as expeditiously as possible as they ow e social obligation to the society and bring the real culprit to book.

In a decision reported in Avinash Nagra v. Navodaya Vidyalaya Samiti and others, 1997 (2) SCC 534, the Hon''ble Supreme Court has held as follows:

"Before answering the question whether the Order terminating the services of the Appellant in terms of his Appointment Letter is in violation of the Rules or the Pi maples of Natural Justice, it is necessary to consider the need for the education and the place of the teacher in that behalf. Article 45 of the constitution enjoins the State to endeavour to provide free and compulsory education to all children, till they complete the age of 14 years. The Supreme Court has held that light to education is a fundamental light and the State is required to organise education through its agencies or private institutions in accordance with the law and the Regulations or the Scheme. The State has taken care of service conditions of the teacher and he owes dual fundamental duties to himself and to the society. As a member of the noble teaching profession and a citizen of India he should always be willing, self-disciplined, dedicated with integrity to remain ever a learner of knowledge, intelligently to articulate and communicate the imbibe in his students, as social duty, to impart education, to bring them up with discipline, inculcate to abjure violence and to develop scientific temper with a spirit of enquiry and reform constantly to rise to higher levels in any walk of life nurturing constitutional ideals enshrined in Article 51-A so as to make the students responsible citizens of the country. The quality, competence and character of the teacher are, therefore, most significant to mould the institutions and to sustain them in their later years of life as a responsible citizen in different responsibilities.

Education to the girl children is nation''s asset and foundation for fertile human resources and Disciplined family Management, apart from then equal participation in socio-economic and political democracy. Only of late, some middle class people are sending the girl children to co-educational institutions under the care of proper Management and to look after the welfare and safety of the girls. Therefore, greater responsibility is thrust on the Management of the Schools and Colleges to protect the young children, in particular, the growing up girls, to bring up in disciplined and dedicated pursuit of excellence.

Mahatma Gandhi, the Father of the Nation has stated that "a teacher cannot he without character. If he lacks it, he will be like salt without its savour. A teacher must touch the hearts of his students. Boys imbibe more from the teacher''s own life than they do from books. If teachers impart all the knowledge in the world to their students but do not inculcate truth and purity amongst them, they will have betrayed them.

Dr. S. Radhakrishnan has stated that "we in our country look upon teacher as Gurus or, as Acharyas. An Acharya is one whose aachar or conduct is exemplary. He must be an example of Sadachar or good conduct. He must inspire the pupils, who are entrusted to his care with love of virtue and goodness."

It is in this backdrop, therefore, that the Indian society has elevated the teacher as "Guru Brahma, Guru Vishnu, Guru Devo Maheswaraha". As Brahma, the teacher creates knowledge, learning, wisdom and also creates out of his students, men and women, equipped with ability and knowledge, discipline and intellectualism to enable them to face the challenges of their lives. As Vishnu, the teacher is preserver of learning. As Maheswara, he destroys ignorance.....

It is axiomatic that percentage of education among girls, even after independence, is fathom deep due to indifference on the part of all in rural India except some educated people. Education to the girl children is nation''s asset and foundation for fertile human resources and disciplined family Management, apart from their equal participation in socio-economic and political democracy. Only of late, some middle class people are sending the girl children to co-educational institutions under the care of proper Management and to look after the welfare and safety of the girls. Therefore, grater responsibility is thrust on the Management of the Schools and Colleges to protect the young children, in particular, the growing up girls, to bring them up in disciplined and dedicated pursuit of excellence. The teacher, who has been kept in charge, bears more added higher responsibility and should be more exemplary. His/her character and conduct should be more like Rishi and as loco parentis and such is the duty, responsibility and charge expected of a teacher "

In yet another Judgment of this Court reported in The Secretary, Sri Ramakrishna Vidhyalayam High School, Tirupparaithurai, Tiruchirapalli District v. State of Tamil Nadu, rep. by Special Commissioner and Secretary to Government and others, 1990 (9) WLR 62, it has been held as follows:

"51. It is very lamentable state of affairs that in this country, a teacher, who was considered as equal to God, should fall from the high pedestal to the lowest level Out scriptures command the students to consider the teacher as a God (Acharya Devo Bhava). The term "Acharya" in Sanskrit means a person, who not only teaches lessons to students, but also ensures good conduct of his pupils. The more important pan of the definition is that he shall himself practise what he preaches. In Sanskrit language the term "Guru" also means teacher. The syllable "Gu" represents darkness (symbolising ignorance). The syllable "Ru" represents the removal thereof. Thus, a Guru is so called as he removes the darkness and the ignorance from the minds of the students. In fact, there is a saying that it is only with the blessings of a teacher that a person blossoms into a full man.

Every teacher must endeavour to shape his pupils into such ideal students.

It is very unfortunate that the Drawing Master was about to induce darkness in the life of the children.

Justice V.R. Krishna Iyer in Rafiq v. State of UP, 1980 (4) SCC 262, has observed as follows:

When a woman is ravished, what is inflicted is not mere physical injury, but the deep sense of some deathless shame, judicial response to human rights cannot be blunted by legal bigotry."

Justice Arijit Pasayat in the Judgment in Dinesh v. State of Rajasthan, 2006 (3) SCC 771, has held that "while a murderer destroys the physical frame of the victim, a rapist degrades and defiles the soul of a helpless female " In Bodhisatwa v. Subdhra Chakroborty, 1996 (1) SCC 490, the Apex Court has held that ''rape'' as an offence which is violative of the fundamental right of a person guaranteed under Article 21 of the Constitution. The Apex Court further held that rape is a crime not only against the person of a woman, it is a crime against the entire society. It destroys the entire physical of a woman and pushes her into deep emotional cries. Rape is, therefore, the most hated crime. It is a crime against the basic human rights and is a violation of the victim''s most cherished right, namely, the right to life which includes the right to live with human dignity contained in Article 21."

In a case where an eight years old girl was brutally raped the Hon''ble Supreme Court, in a Judgment reported in Shyam Norain v. Stage NCT of Delhi, 2013 (7) SCC 77, has observed that young girl was dealt with animal passion and her dignity and purity of physical frame was shattered. With the efflux of time, she would grow up with a traumatic experience, an unforgettable shame. She may not be able to assert tHe honour of a women for no fault of hers. When she suffers, collective at large also suffers such a singular Crime creates an atmosphere of fear which is historically abhorred by society and demands just punishment from the Court. In that case also, the Appellant/Accused came to the house of the victim when the parents were away and also contended that the Accused was a father of four children.

This Court in a decision reported in M. Veersamy v. State of Tamil Nadu and others, 2012 (3) CTC 641, has followed a decision of the Hon''ble Supreme Court, which has laid down certain conditions at the time of Investigation and recording of Statements. In the present case on hand, it is very unfortunate that the Headmistress has come forward with the present prayer to stall the entire proceedings where a minor girl children were subjected to sexual abuse at the hands of the Drawing Master.

The narration of the facts mentioned supra is only for the purpose of disposal of this Criminal Original Petition. Hence, it is open to the Petitioner to raise all objections available to her before appropriate forum as and when required.

The Criminal Original Petition is disposed of accordingly. Consequently, connected M.P. is closed.