38.6c New Delhi, India, Saturday, October 04, 2025
Top Stories Supreme Court
Political NEWS Legislative Corner Celebstreet International Videos
Subscribe Contact Us
close
Judiciary

Sexual Advances Welcomed By Student: Invalid Defence Against Sexual Harassment By Professor: Delhi HC [Read Judgment]

By Shanya Sharma      27 November, 2019 05:11 PM      0 Comments
Sexual Advances Welcomed By Student: Invalid Defence Against Sexual Harassment By Professor: Delhi HC [Read Judgment]

The Delhi High Court on November 25, 2019, in the case of Ajay Tiwari v. University of Delhi & Ors. has held that a teacher who is facing charges of sexual harassment cannot take the defence that his sexual advances were welcomed by the student. 

A Single Judge Bench of Justice C Hari Shankar was hearing an appeal against the decision of Delhi University to retire the petitioner compulsorily and upheld the decision of the University stating that a teacher is loco parentis or like a parent for not only the students he teaches but also for all the students enrolled in that institution. 

The court further clarified that the idea of consent comes into play between sexual acts involving two adults, say amongst colleagues of the same institution who could be treated as peers but the question of sexual acts being welcome or unwelcome is absolutely irrelevant in a student-teacher relationship. The court even prohibited taking the defence of provocation of the teacher by the student to commit any sexual act. 

The petitioner who was accused of sexually harassing an M. Phil. Student of the Hindi Department of the Delhi University was teaching as a professor in that department. The culprits main line of defence depended on their own immoral interpretation of the definition of sexual harassment under Ordinance XV-D of the Ordinances governing the Delhi University. Emphasis was laid on the word unwelcome in Clause 2 (viii) of the Ordinance.

The court not only vocally abhorred the use of such interpretation of the definition of sexual harassment but also unequivocally stated that such ideas go against the very morals of the society and the public interest at large. 

In this regard, the court held that, there can never be any question of a teacher seeking to justify having committed acts, admittedly of a sexual colour and connotation, towards a student, seeking to urge, in his defence, that the acts were not unwelcome...sexually coloured conduct or behaviour, towards a student, by a teacher, is completely proscribed, morally as well as legally... 

Students may be impressionable, and infatuation, towards a teacher, on the part of a student, is not an unknown phenomenon. It may be pardonable for a student to harbour such an infatuation, towards the teacher; it is, however, entirely unpardonable, for the teacher, to succumb to the infatuation, and reciprocate...

If a person welcomes an act, that, by itself, denotes free, voluntary and willing consent. An act is welcome when there is an active element of conscious and willing acquiescence, by the person, to the doing of the act. Contrariwise, an act is unwelcome, when the person, on whom the act is perpetrated, does not invite the doing thereof, or welcome the act.

[Read Judgment]



Share this article:

About:


Leave a feedback about this
TRENDING NEWS


TOP STORIES

kerala-hc-directs-comprehensive-snakebite-prevention-guidelines-for-schools
Trending Judiciary
Kerala HC Directs Comprehensive Snakebite Prevention Guidelines For Schools [Read Order]

Kerala High Court directs comprehensive snakebite prevention and management guidelines for schools, ensuring safety, awareness, and emergency response.

30 September, 2025 08:46 PM
sc-orders-two-judicial-officers-to-go-for-seven-days-training-for-flawed-bail-order
Trending Judiciary
SC orders two judicial officers to go for seven days training for flawed bail order [Read Judgment]

Supreme Court quashes flawed bail order, directs two Delhi judges to undergo 7-day special training on judicial conduct and bail rulings.

30 September, 2025 09:58 PM
sc-seeks-reply-from-iit-delhi-kharagpur-on-plea-to-transfer-student-due-to-mental-health-condition
Trending Judiciary
SC seeks reply from IIT Delhi, Kharagpur on plea to transfer student due to mental health condition [Read Order]

SC seeks reply from IIT Delhi & Kharagpur on plea for transfer of B Arch student citing mental health needs, AIIMS proximity & Article 21 rights.

30 September, 2025 11:22 PM
preserve-body-of-top-maoist-commander-killed-in-police-encounter-sc-to-chhattisgarh-govt
Trending Judiciary
Preserve body of top Maoist commander killed in police encounter, SC to Chhattisgarh govt [Read Order]

SC directs Chhattisgarh govt to preserve body of top Maoist commander Katha Ramchandra Reddy, killed in encounter, till HC hears fake encounter plea.

30 September, 2025 11:47 PM

ADVERTISEMENT


Join Group

Signup for Our Newsletter

Get Exclusive access to members only content by email