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Judgment
Rajiv Sharma, ACJ (Oral)
Manoj Kumar Tiwari, J.
Mr. Lalit Belwal and Mr. Amar Shukla, Advocates are appointed as Amicus Curiae to assist the Court.
On the oral application of Mr. Lalit Belwal, NIVH through its Director is impleaded as respondent no. 6 and Uttarakhand Power Corporation
Limited is added as respondent no. 7.
We have taken cognizance of the news items published in daily edition of Hindustan Times as well as Times of India. A question of great public
importance has been raised in this petition. According to the contents of the news, the students of National Institute for the Visually Handicapped
(hereinafter referred to as the NIVH) have been protesting against the teachers and staff involved in molestation and sexual abuse of the inmates.
The teachers indulging in molestation / sexual absue of visually impaired / special children is unimaginable.
We have also given detailed judgment in WPPIL No. 7 of 2016, decided on 23.05.2018. The malady is required to be uprooted once for all. This
Court was earlier seized of the matter and had put the then music teacher under suspension and ordered disciplinary proceedings to be initiated against
him, besides registration of criminal case. The students have again leveled serious charges against the present music teacher, who is also indulging in
molestation / sexual abuse. The Director and the teachers are the guardians of the students. The parents and guardians send their wards to the School
by imposing absolute faith in the Director and the teaching community as well as the ministerial staff. There is a breach of faith by the management /
teachers / ministerial Staff by not taking proper care / safety and protection of the children, who are visually / physically impaired. The students have
been protesting against the situation prevailing in NIVH since August, 2015.
Kumar Vikram Simha (KVS) Rao visited the Institute. He was appointed as an Interim Director for next three months. The students have been
highlighting also lack of medical facilities at night, proper security, a generator for power back-up, the option of science stream after Class-10 and
most importantly a playground. According to the Times of India news, a group of Class-12 girls had complained against their new music teacher
alleging therein that he was touching them inappropriately and openly flirting with them.
No civilized society can permit this to go on indefinitely. The visually / physically handicapped children / special children have a right to medical
facilities round the clock. Since the children are visually handicapped, they need proper security and a generator back-up. They must be given an
option to opt for science stream after Class-10. Students have a right to play and indulge in co-curricular activities. It is the duty of the System to
provide necessary infrastructure, including playground and other equipment to the physically / visually impaired children/students. It must be very
difficult decision for visually / physically handicapped children to resort to strike. The entire System has failed to protect their rights. Transferring the
Director is only cosmetic exercise. The visually/ physically challenged children cannot be confined to rooms. They have a right to participate in sports,
games and cultural activities. John Milton has given the best description of heaven in his book called “Paradise Lost and Paradise Regainedâ€,
though he was blind.
We have also received a communication in the Registry from one Mr. V.C. Tiwari, highlighting the cases of molestation and sexual harassment of
visually challenged / special children and we permit it to be taken on record.
Accordingly, we issue the following mandatory interim directions to safeguard the interest of the visually / physically handicapped children, who are
studying in NIVH:
(i) Respondent no. 1 is directed to appoint regular Director within three weeks from today to assuage the hurt feeling of the students. The Director is
directed to put the music teacher Mr. Suchit Narang under suspension forthwith and to register a case against him for inappropriately touching and
openly flirting with the visually impaired children under appropriate Sections of POCSO Act, 2012, including Sections 9, 16 and 19.
(ii) D. Senthil Pandian, Secretary, Agriculture, State of Uttarakhand is directed to hold inquiry into the affairs of NIVH on urgent basis and to
complete the same within fifteen days from today. He shall submit the report to this Court in a sealed cover on or before the next date of hearing.
(iii) The Chief Medical Superintendent, Doon Hospital is directed to depute a dietician to visit NIVH to see, whether the children are getting balanced
diet or not, and thereafter, the diet of the children shall be as prescribed by the dietician.
(iv) The Secretary, Cultural is directed to depute women employees of the Cultural Department to impart special skills to the visually / physically
challenged children in music, dance, etc. on day to day basis.
(v) Respondent no. 1 is directed to install CCTV cameras in the entire campus of NIVH, including class-rooms and corridors if not already installed,
within a period of three weeks from today.
(vi) Respondent no. 1 is directed to ensure that as far as permissible, only women staff is appointed in NIVH, including Director, teachers and
ministerial staff.
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(vii) CMO, Dehradun is directed to appoint a sufficiently experienced female MBBS Doctor at NIVH within 12 hours for medical treatment of the
inmates.
(viii) The Senior Superintendent of Police, Uttarakhand is directed to deploy a woman ASI with six constables after thoroughly verifying their
antecedents to protect the children round the clock.
(ix) The Management of NIVH is directed to give free access to the Doctor and the Police personnel to enter the premises to comply the directions
No. (iii), (vii) and (viii), as a special measure.
(x) The District Magistrate in collaboration with the Uttarakhand Power Corporation Limited is directed to provide a generator at NIVH within forty
eight hours from Special Grant or by hiring it to ensure round the clock supply of power.
(xi) The Director is directed to ensure that children are given option to opt for science stream after 10 + 2.
(xii) Respondent no. 1 is directed to ensure that the children are provided with a playground within one month from today on emergency basis. Till
then, we permit the Management to take out the children under escort to nearby playground. The District Magistrate shall provide the necessary
logistic support to the Management in choosing the playground nearby the Institute.
(xiii) The District Magistrate, Dehradun is directed to visit the premises of NIVH every fortnight and submit the report to the Registrar General of this
High Court, along with his suggestions.
Counter affidavit(s) be filed within 15 days by all the respondents, including the newly added respondents.
We place on record our appreciation to the Hindustan Times as well as Times of India for highlighting this sensitive / delicate issue in order to
ameliorate the grievances of the visually impaired / special children.
List this case on 4th September, 2018.
Let certified copy of this order be issued today itself.