The Tamil Nadu School Education Department has mandated that headmasters, teachers, or any school staff accused of sexual harassment must be suspended within four days of a complaint being reported, based on a preliminary enquiry by the District Child Protection Officer (DCPO).
A new Standard Operating Procedure (SOP) issued under the Protection of Children from Sexual Offences (POCSO) Act outlines strict timelines for each stage of the disciplinary process, aiming to complete the entire action within approximately three months. It also states that action will be initiated against the disciplinary authorities if there is any deviation in adherence to the timeline.
This comes in the backdrop of School Education Minister Anbil Mahesh Poyyamozhi's assurance that those involved in sexual harassment cases will face not only criminal prosecution but also strict departmental action.
Until now, suspensions and other disciplinary measures were initiated following internal probes by school education authorities. Going forward, the initial suspension will be based on the report of DCPOs, who fall under the Social Welfare Department, stated a report by The New Indian Express.
Under the new SOP, any teacher, staff member or student who suspects or knows of a sexual offence under the POCSO Act must immediately inform the Special Juvenile Police Unit or local police. The headmaster must also ensure the complaint is reported the same day to the Chief Educational Officer (CEO), Child Welfare Protection Officer and District Child Protection Officer (DCPO).
If the allegation is against the headmaster, any staff member must alert the same authorities without delay.
Complaints can be made in writing, by phone or via helpline 1098. Schools must maintain a register of all complaints with the date, time and nature of the offence. Disclosure of the child's identity is strictly prohibited.
Once a complaint is received, the DCPO should complete a preliminary enquiry within two days, recording statements from both the victim and the accused. The findings must be sent in a sealed cover to the CEO within the next two days, clearly stating whether a prima facie case exists under the POCSO Act.
If such evidence is found, the accused must be suspended the same day by the competent authority.
Following the suspension under the Tamil Nadu Civil Services (Discipline and Appeal) Rules, charges must be framed within seven days. The delinquent is given one week to submit a written defence. If the charges are denied, an inquiry officer must be appointed within seven days, and the enquiry report submitted within 30 days.
The disciplinary authority must then take a decision within 10 days. The accused should be informed of the findings and decision and given 15 days to respond. If the disciplinary authority deviates from the inquiry report, reasons must be recorded.
The final order must be issued within seven days, in proportion to the severity of the offence. As per a 2012 government order, major penalties include compulsory retirement, removal or dismissal from service.
This apart, the child welfare committee should facilitate filing of FIRs in all cases of sexual violence and exploitation.
In private schools, the action should be taken based on the Tamil Nadu Private Schools (Regulation) Rules, 2023, the order stated.Meanwhile, the activists said that the school education department issues such guidelines as a knee-jerk reaction to increased sexual harassment cases reported from schools, however, it lacks a comprehensive policy to keep the children safe in schools, stated the report by The New Indian Express.
It is also not sure if the department acted in concurrence with the social welfare or police department before issuing such guidelines, they added.
"There are countless government orders issued by the school education department for the safety of children. Instead, the department should meet with all the departments concerned and come up with a policy to prevent all types of abuse: physical, sexual, emotional online and neglect," said A Devaneyan, a child rights activist.
