HC gives Haryana 3 months to ensure schools have mechanisms against LGBTQ+ bullying

Gurgaon: Punjab and Haryana high court has given the school education department three months to ensure all schools, irrespective of affiliation, have internal mechanisms to address bullying and harassment, particularly against LGBTQIA+ students.The directions cover complaints involving gender, gender identity and sexual orientation, along with broader student safety and mental health guidelines. Justice Manisha Batra issued the order on Oct 31 while hearing a petition filed by Aarti Malhotra, the mother of a 16-year-old student from a leading Faridabad CBSE school who died by suicide on Feb 24, 2022. The family alleged that the student had faced bullying, harassment and sexual assault by fellow students.The court directed that such complaints be handled promptly and confidentially, and that cases disclosing a cognisable offence be reported to police as required by law. The directions are to be implemented within three months of receiving a certified copy of the judgment.The court also directed Central Board of Secondary Education (CBSE) to issue instructions to its affiliated schools within the territorial jurisdiction of the high Court for strict compliance with its 2015 anti-bullying circular and Supreme Court’s guidelines in the Sukdeb Saha case. CBSE has been asked to call for and scrutinise annual reports submitted by schools and take action under its bylaws in cases of non-compliance. This exercise must also be completed within three months.The court directed the Centre to treat the petition, particularly the suggestions on counsellor-student ratios, training of counsellors to support LGBTQIA+ children and sensitisation through school curriculum, as a representation. The Centre has been asked to consider the suggestions in consultation with National Council of Educational Research and Training (NCERT) and pass a speaking order within six months of receiving the certified judgment. The decision must be communicated to the petitioner.Emphasising the need to move beyond guidelines that exist only on paper, Justice Batra observed, “Guidelines which remain on paper offer little protection to a child in distress.” The court noted that CBSE’s 2015 anti-bullying circular was already in force when the 16-year-old child faced harassment. It also observed that the school had been informed about his condition by his mother and treating psychologist. The central issue, the court said, was the effective implementation of existing guidelines at the school level.The court referred to SC judgment in the Sukdeb Saha case, which laid down binding guidelines for preventing student suicides and ensuring mental health support in educational institutions across the country. These include appointment of at least one qualified counsellor, psychologist or social worker in institutions with 100 or more students, maintaining optimal student-to-counsellor ratios, and training teaching, non-teaching and administrative staff to deal sensitively with vulnerable and marginalised students, including those from LGBTQ+ communities.SC guidelines also require educational institutions to establish confidential and accessible mechanisms for reporting and addressing sexual assault, harassment, ragging and bullying. HC highlighted that failure to take timely or adequate action, particularly where institutional neglect contributes to a student’s self-harm or suicide, shall be treated as institutional culpability, attracting regulatory and legal consequences.Principal secretary, education department, Vijay Dhaiya said, “The court has directed compliance within three months from receipt of a certified copy of the judgment. The department shall ensure implementation accordingly.”The 16-year-old boy, a Class X student of Delhi Public Schoolat Sector 81 in Greater Faridabad died by suicide on Feb 24, 2022. Malhotra, who worked as an art teacher at the same school, alleged her son had faced sustained bullying, humiliation, and physical and sexual harassment by fellow students from Class VI onwards because his artistic interests and mannerisms were perceived as effeminate. The petition also referred to cyberbullying through fake social media accounts.According to the petition, the child suffered from anxiety, panic attacks, depression and post-traumatic stress disorder. His treating psychologist had advised the school to take adequate action, and his mother had emailed the principal in Sept 2021 naming students allegedly involved in the harassment. However, she alleged the school failed to act effectively.The teenager left behind a handwritten note blaming the school for his death. An FIR was registered the following day under Section 306 of the IPC at BPTP police station in Faridabad.Speaking after the court’s order, Malhotra said her fight was no longer only about seeking justice for her son but also about ensuring that no other child has to endure a similar experience in silence. “What happened to my child should never happen to any other child. I am fighting this battle for all those children who are suffering silently, who are being bullied or harassed but are unable to come forward and speak about what they are going through. My son may not be here to witness this small victory or read about it, but I believe he is watching everything from above. I hope this fight brings some protection and hope to children who are still struggling alone,” she said.Malhotra had initially sought a CBI investigation and monitoring of the probe but later gave up the demand for a CBI inquiry. HC dismissed the monitoring plea as infructuous, noting that police had already filed the final report before the trial court on Dec 6, 2022. It allowed her to raise grievances on alleged deficiencies in the investigation before the competent court. HC clarified that it was not expressing any opinion on the criminal liability of the accused and that the trial court would decide the case independently on the basis of evidence.After the Panchkula classroom assault incident, Haryana govt had proposed several student mental health measures, including SAATH project for structured counselling and early detection of anxiety, depression, bullying and behavioural changes. The initiative will follow a five-stage support and referral mechanism, backed by 122 trained counsellors and around 400 trained teachers across 200 govt schools. The govt also plans to set up a state-level panel of child psychologists and mental health experts to assess students’ counselling needs.You Can Also Check: Gold Rate in Gurgaon | Silver Rate in Gurgaon | Bank Holidays in Gurgaon | Public Holidays in Gurgaon | Gurgaon AQI | Weather in Gurgaon | Petrol Price in Gurgaon | Diesel Price in Gurgaon | CNG Price in Gurgaon | LPG Price in GurgaonStay updated with the latest Gurgaon news. Download the TOI App.