Boys should understand that no means no: Kerala HC on sexual harassment cases

The HC also called for a change in the present education system to sensitise young boys to the concept of consent

Pointing out that instances of sexual harassment against students are increasing and mostly boys are facing the allegations, a division bench of the Kerala High Court has stressed the need for change in the present education system by making lessons in good behaviour and etiquette part of the curriculum.

"Boys must know that they should not touch a girl or woman without her explicit consent. They should understand 'No' means 'No'," Justice Devan Ramachandran observed while disposing of a petition by a male student of TKM Engineering College at Kollam in Kerala against an internal complaints committee report against him.

In the judgment issued on Wednesday, Justice Ramachandran pointed out that "most of, or all," allegations of sexual harassments were made against boys.

"Boys, even from a very young age, often grow up with certain sexist stereotypes - reinforced by peer and other social influences. Showing a girl or woman respect and honour is not old fashioned. On the contrary, is a virtue for all times. The archaic concepts of masculinity have changed, it needs to change more. Sexism is not acceptable or 'cool'," the judgement says.

The judgement also quotes medieval Islamic theologian and spiritual writer Ibn Qayyim Al-Jawziyya, “Women are one half of society, which gives birth to the other half, so it is as if they are the entire society.”

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The judgment said that respectfulness was an imperative that needs to be inculcated very young. "A child should be taught at the family, and from the beginning of school, that he or she must respect the other gender. They should be taught that real men dont bully woman – it is unmanly and not an expression of macho virtue, but its antithesis. It is, in fact, the weak men who dominate and harass woman – this message must ring loud and clear."

The court said that the present educational system seldom focuses on character building, but solely on academic results and employability. "It is time to shift attention to value education so that our children grow up to be well adjusted adults. Lessons in good behaviour and etiquette must be part of the curriculum from primary class level. Teachers must be encouraged to instill virtues and values in students." Justice Ramachandran said.

Copies of the judgement would be served to various education boards, including the CBSE and ICSE, and other competent authorities and an action taken report sought. The UGC informed the court that steps in this regard would be taken and instructions would be issued immediately.

Disposing of student's petition, the court directed the TKM college authorities to constitute Collegiate Student Redressal Committee at the college and give an opportunity for the petitioner to be heard.

The case was posted for February 3.