It is a blight on Kalakshetra Foundation to have not addressed effectively and promptly the allegations of sexual harassment of students, the Madras High Court has said. It ordered immediate consideration of recommendations made by an independent inquiry committee headed by former Punjab and Haryana High Court judge K. Kannan.
Justice Anita Sumanth had called for a copy of the inquiry report at the instance of senior counsel R. Vaigai representing seven students who wished to remain anonymous and wanted to be identified only as XYZ even in the court proceedings. After perusing the report, the judge expressed shock over the nature of the allegations levelled.
“The report of the independent committee is graphic in regard to the nature of sexual harassment that has been alleged. The allegations are distasteful to say the least and extremely disturbing. The Committee has made a series of recommendations, and some are reiterated in this order for urgent consideration by the management of Kalakshetra,” the judge wrote.
The committee had recommended a ban on the entry of students into the teachers’ quarters with the only exception being social occasions and community celebrations. It had also stated that as a portal of higher learning, the emphasis at Kalakshetra should be on deep learning and perfection of the art form before the students embark on public performances.
“The obsession for performance must be curtailed in preference to the student polishing the art form and one’s exposition of the same. As a consequence, students may be dissuaded from participating in inland and global tours for public performances,” the committee had said and recommended automation of attendance registers as well as entry and exit of all staff members.
“The practice of calling upon repertory artists to step in for a teacher who is absent should be eliminated. A clear demarcation must be drawn between the repertory and its artists on the one hand, and the academic section of the college on the other. Only post graduate students and interns must assist in the academic curriculum,” the inquiry committee had said.
It also impressed upon the need for strict enforcement of the code which prohibits teaching and non-teaching staff of the Rukmini Devi College of Fine Arts (RDCFA), run by the Kalakshetra Foundation, from establishing and running dance or music schools of their own. Justice Sumanth ordered that the committee’s other recommendation to remove a particular faculty member must be implemented forthwith.
The judge pointed out that the Chennai-based Kalakshetra Foundation, governed by a central law enacted in 1993 and declared as an institute of national importance, not only administers the college of fine arts but also runs Besant Arundale Senior Secondary School affiliated to the Central Board of Secondary Education and Besant Theosophical Higher Secondary School affiliated to the State board of education.
After the filing of the present case, the foundation had come up with a Gender Neutral Policy for Prevention, Prohibition and Redressal of Sexual Harassment Complaints. However, since this policy could cover only the adults, the judge ordered formulation of another policy that would specifically address the interests of the minors too.
Making it clear that the new policy must be drafted by taking note of the applicable provisions in the Protection of Children from Sexual Offences Act, 2002 as well as other regulations and guidelines, the judge said, the policy must be in place within six months.
Before parting with the case, the judge pointed out that the affidavit filed by the seven students in support of their writ petition waxed eloquently about the traditional ‘Guru Shishya Parampara’ as relevant to an institution engaged in the teaching of fine arts such as the RDCFA as well as a more modern student-teacher relationship that was envisaged in educational institutions of the present day.
“Whether traditional or modern, stakeholders in the education system are expected to adhere to expectations in regard to the demands of the system and how the same are to be met equitably and in keeping with societal norms... Invariably, unquestioning trust is reposed on a teacher by a student and if the present model of education is to succeed, the teacher must reciprocate and provide mentorship in full measure,” the judge concluded.
