A special court in Mumbai has delivered a powerful verdict, convicting a school principal and a teacher for sexually assaulting and harassing minor girls with disabilities. The court, designated under the stringent Protection of Children from Sexual Offences (POCSO) Act, pronounced the judgment last week, highlighting the profound betrayal of trust by educators.
A Betrayal of Sacred Trust
In a scathing observation, Special Judge Satyanarayan R Navander, in the order dated December 12, stated that a school is a pious institute where children view their teachers as guiding lights. "If this trust is betrayed and when a God-like figure himself sexually tortures, no doubt the victims would carry a trauma for life," the judge noted. The order became available on Friday, December 20, 2024.
The case stemmed from horrifying incidents at a school where the accused exploited their authority. The prosecution detailed that a 13-year-old hearing and speech-impaired girl, in her complaint, stated that the principal used to call girls to his office and misbehave with them ever since she joined the school.
Pattern of Abuse and Fear of Speaking Out
The specific incident that led to the complaint occurred in 2013, soon after the school reopened following a vacation. The principal called the survivor to his office and sexually assaulted her. The complaint revealed that this was not an isolated act; the principal habitually indulged in similar acts with other girls.
A climate of fear prevented the victims from reporting the abuse. Neither the complainant nor the other girls disclosed these traumatic instances to their families, fearing they would be expelled (rusticated) from the school. It was further alleged that another accused, a teacher at the school, also harassed minor students.
The shocking truth began to unravel in May 2014 during a parent-student meeting with a former president of the organization running the school. It was then revealed that the accused individuals were sexually assaulting the minor girls. Even after this meeting, the abuse continued, forcing the victims and their parents to finally approach the police. An FIR was subsequently registered against the principal and the teacher.
Court's Stern Observations and Sentence
The court acknowledged the immense courage it took for the physically challenged students to come forward. "For the physically challenged students, with bare support, it was not easy to approach the police and file a complaint. The steps taken by them itself connotes the gravity of the torture they suffered," Judge Navander stated.
The order also addressed a common societal failure, noting that abusers often come from the victim's close network and hold positions of trust. "Disclosure by children about sexual abuse by such an abuser, like a teacher, is either not believed or not taken seriously by the parents," the judge observed, clarifying that this initial disbelief does not make the victims' evidence false.
While convicting them under Section 10 (aggravated sexual assault) of the POCSO Act, the court considered that the accused are now senior citizens and retired. Balancing this with the gravity of the crime, the court imposed the minimum sentence of five years of rigorous imprisonment on both.
Inadequate Fine Leads to Compensation Referral
The court also directed that a fine of Rs 15,000 each, imposed on the convicts for three victims, be given to the survivors. However, the judge explicitly stated that this amount was "inadequate" compensation for their suffering.
"When the court acknowledges pains and suffering of the victims due to the illicit acts of the accused, the court should see that they are adequately compensated. Otherwise, the justice would not be complete," the court held. Consequently, it has referred the matter to the District Legal Services Authority (DLSA) to award suitable compensation to the victims under the Victim Compensation Scheme.
This verdict underscores the judiciary's firm stance on crimes against children, especially those with disabilities, and emphasizes the paramount importance of safeguarding educational spaces.
