High Court Order: Strict Implementation Necessary to Prevent Bullying and Discrimination in Schools

The Punjab and Haryana High Court recently delivered a significant verdict, directing the Haryana School Education Department and the Central Board of Secondary Education (CBSE) to ensure the safety of students in all schools under their jurisdiction. The court clarified that schools must strictly adhere to the guidelines laid down by the Supreme Court in the Sukdeb Saha case. These guidelines mandate the formation of internal committees in schools to address complaints of harassment and bullying, particularly those based on gender, gender identity, and sexual orientation.

This order follows a petition filed by the mother of a 16-year-old student. The student, who studied at a prestigious school in Faridabad, passed away on 24 February, 2022. The petition alleged that due to the student's artistic interests, his peers perceived him as effeminate, leading him to face bullying, physical, and sexual harassment by a group of students within the school premises. The mother made serious allegations against the school authorities and the headmistress, and demanded a Central Bureau of Investigation (CBI) probe into the entire matter.

According to a report by The Hindu, the petitioner had sought the creation of new guidelines for the safety of LGBTQIA+ community students in schools. However, the court rejected this demand, stating that the Supreme Court had already provided binding guidelines in the Sukdeb Saha case, considering the rising instances of student deaths, and therefore, there was no need to create separate new guidelines. The court noted that the real problem is not the lack of guidelines, but the weak implementation of those that exist on paper. The court remarked that guidelines on paper provide very little protection to a child in distress.

The court further stated that the 2015 CBSE circular was in effect even during the period when the deceased student was subjected to harassment. According to the records, the student's mother and his psychologist had informed the school about his condition in advance, yet the school did not take appropriate action. Now, the High Court has ordered the Haryana Education Department to ensure that complaints of bullying and harassment are resolved immediately and confidentially. If a case involves a criminal offense, it is mandatory to inform the police as per the law.

CBSE has also been instructed to seek annual reports from schools in accordance with the Supreme Court guidelines and conduct a thorough investigation. If any school fails to comply with the rules, strict action should be taken against them as per the board's by-laws. The court emphasized making this entire process transparent and accountable so that no student has to face such a situation in the future.

It is noteworthy that the Supreme Court's Sukdeb Saha case is linked to serious issues regarding student safety and their mental health in educational institutions. In this case, the court had previously prepared comprehensive guidelines to provide a safe environment in schools and prevent any form of discrimination or violence, aimed at protecting the lives of students and making them feel safe in educational institutions.