Pocso enquiry

There is case on on of my family member where a lady teacher accussed the male teacher for misbehavior. And then she sent the written complaint to principle . To enquire on above matter the POSH committee was formed. One of the committee member asked the one of the school teacher to go and enquire in class about the accussed behavior with girl student. My question is : is this right way to publically announce the name of the accussed and ask students if he has done anything wrong with the students . According to POSH act no 16 name of the accussed and complainant should not come out. They should have asked with the help of questionnaire.

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Advocate By LEAD INDIA Answered: 06 Apr 2023

Hello sir/mam

As the law says untill the crime is not proved the person is innocent and if they are disclosing the name of the victim and accused then  this amounts to Violation of Fundamental Rights so you can approach to the concerned High Court and can file Writ Petition

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