Child exploitation by teacher harms society, High Court denies anticipatory bail

The Punjab and Haryana High Court has asserted that the sexual exploitation of a child by a teacher has devastating effects that extend far beyond the individual, impacting both the child’s mental development and society as a whole.

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The assertion came as the Bench denied anticipatory bail to a teacher accused of sending objectionable messages and pictures to a minor student.

Emphasizing the profound breach of trust involved in such cases, Justice Sumeet Goel observed exploitation of position by a teacher not only shattered the wellbeing of the individual child but also eroded public confidence in educational institutions meant to be safe havens for learning and growth.

Justice Goel asserted: “Such an act of betrayal disrupts the child’s psychological and emotional growth, leading to deep-rooted trauma, trust issues, and long-term emotional scars.”

The judgment further noted that this kind of exploitation “destroys the child’s faith in a relationship that is traditionally seen as sacred, replacing the sense of safety and respect with fear, confusion, and shame.”

Justice Goel’s Bench was hearing an anticipatory bail petition filed by a teacher posted at a government girls’ high school in Bhiwani. He was accused of sent indecent messages and pictures to a ninth-grade student.

The student, in her complaint, detailed how the teacher not only harassed her with the inappropriate messages but also threatened to harm her and get her expelled from school.

Justice Goel made it clear that the gravity of the allegations necessitated custodial interrogation of the accused to ensure a thorough and effective investigation.

“It is not appropriate to grant anticipatory bail, as it would necessarily cause an impediment in effective investigation,” the court remarked, rejecting the defense counsel’s argument that no recovery was to be made from the accused, and therefore, bail should be granted.

The court also referred to established precedents from the Supreme Court, which caution against the casual granting of anticipatory bail in serious cases like those involving the Protection of Children from Sexual Offences (POCSO) Act.

The Bench emphasized that anticipatory bail was an extraordinary remedy that should be exercised sparingly, particularly in cases involving severe accusations where the accused held a position of trust, such as a teacher.