Madras HC: Teacher’s disciplinary action ≠ criminal act under POCSO* *Justice S.M. Subramaniam | LiveLaw report*

[11/05, 08:13] sekarreporter1: https://www.livelaw.in/high-court/madras-high-court/madras-high-court-teacher-disciplinary-action-no-criminal-act-pocso-533614
[11/05, 08:13] Meta AI: *Madras HC: Teacher’s disciplinary action ≠ criminal act under POCSO*
*Justice S.M. Subramaniam | LiveLaw report*

*1. What the case was about*
A government teacher faced *departmental disciplinary action* for misconduct with students. Parallelly, there was an attempt to rope him into a *criminal case under POCSO Act*.

The question before HC: _Can every disciplinary lapse by a teacher be treated as a POCSO offence?_

*2. HC’s ruling – Key points*
1. *Separate tracks*: _Disciplinary proceedings_ under service rules and _criminal prosecution_ under POCSO are different. Not every misconduct = sexual offence.

2. *Teachers’ Associations slammed*: Court said many associations _“are hand in glove with higher officials and politicians… indulging in corrupt activities under the umbrella of protecting teachers’ rights”_. Called for monitoring them.

3. *Directions issued to School Education Dept*:
- *District-level Special Teams* to monitor teachers doing private tuition/part-time business and start disciplinary action.
- *Public complaint system*: Display phone/WhatsApp numbers in all govt schools/offices for parents/students to report teacher misconduct.
- *Performance review*: Periodical assessment of teaching quality + corrective mechanism.
- *Admin transfers*: For teachers found indulging in misconduct, transfer under TN Govt Servants Conduct Rules, 1973. 0ec6

*3. Larger context from HC’s recent POCSO approach*
The same LiveLaw coverage shows Madras HC has been balancing POCSO строгость with safeguards:

1. *Training for judges*: POCSO Special Court judges must get training from TN State Judicial Academy – many don’t understand scope/object of Act.
2. *Victim impleadment*: Victim/parents not needed in appeals against conviction, but must be impleaded for bail/suspension of sentence.
3. *False cases*: Warned against misuse – _“misuse of POCSO Act undermines its objective”_ and trial courts must act against false complaints. d7196c87045d

*4. Why this matters now*
With the *May 10, 2026* political heat – Vijay’s CM swearing-in and floor test – this judgment is relevant because:
1. *Education = key portfolio*: Adhav Arjuna is tipped for School Education. HC’s monitoring directions will be his immediate headache.
2. *Teachers’ unions*: They’re politically active. HC calling them _“corrupt”_ sets stage for TVK govt to crack down.
3. *POCSO misuse*: In election season, false POCSO cases against rivals/teachers are common. HC reiterating _“not every act is POCSO”_ gives legal cover.

Want the full text of Justice Subramaniam’s 2023 order or the latest 2026 POCSO guidelines from HC?