‘Guidelines on paper offer little protection’: HC orders anti-bullying safeguards in Haryana schools

The Punjab and Haryana High Court has directed all schools in Haryana to strictly implement anti-bullying and mental health safeguards, with specific provisions to protect students from harassment based on gender identity and sexual orientation.

Justice Manisha Batra observed that “guidelines which remain on paper offer little protection to a child in distress”. While disposing of a petition on October 31, the court said the case raised “serious questions about the manner in which complaints of bullying and harassment of a vulnerable child were dealt with by the school”.

The petition was filed in October 2022 by Aarti Malhotra, whose 16-year-old son died by suicide in February that year after allegedly facing years of bullying, abuse and sexual assault at Delhi Public School, Greater Faridabad.

The court directed every school to ensure that its complaints mechanism and internal committee explicitly cover bullying and harassment linked to gender, gender identity and sexual orientation. Complaints must be handled promptly and confidentially, while cognisable offences must be reported to the police, it added.

The court also directed the Central Board of Secondary Education (CBSE) to instruct its affiliated schools within the court’s jurisdiction to strictly implement its 2015 anti-bullying circular.

Issued on March 9, 2015, the circular mandates all affiliated schools to form a dedicated Anti-Bullying Committee while implementing confidential reporting channels to protect victims and bystanders. It emphasises proactive measures like teacher training and life skills education, alongside a strict system of graded disciplinary actions to ensure a safe, inclusive, and zero-tolerance learning environment.

“The CBSE circular of 2015 was in force throughout the period during which the deceased child is alleged to have suffered,” the court recorded.

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“As per the record, the school was informed about his condition by his mother and by his treating psychologist. The real issue, therefore, is the effective implementation of the existing guidelines at the level of the schools,” it added.

The court said CBSE must collect and scrutinise annual student wellness reports and take regulatory action against schools that fail to comply.

Rejecting CBSE’s application seeking to be dropped from the proceedings, Justice Batra said directions to regulatory authorities to implement existing laws were necessary to protect children’s rights under Article 21 of the Constitution.

The court further directed the Union Ministry of Education to consult the National Council of Educational Research and Training (NCERT) and issue a reasoned order within six months on student-counsellor ratios, LGBTQIA+ training for counsellors and curriculum changes.

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The court declined to monitor the criminal investigation, noting that the police had filed a chargesheet. However, Justice Batra granted Malhotra liberty to raise concerns, including the alleged failure to seize mobile devices, missing CCTV footage and the sections invoked against school authorities, before the trial court prior to the framing of charges.

The case

The Class 10 student died by suicide on February 24, 2022, leaving behind a note blaming the school administration. His mother, an art teacher at the school, alleged in her police complaint that he had faced persistent bullying and name-calling since Class 6 because of his artistic interests and perceived effeminacy.

The boy had diagnosed dyslexia and was receiving treatment for persistent depressive disorder, anxiety and panic attacks. In September 2021, his clinical psychologist diagnosed him with post-traumatic stress disorder resulting from peer abuse and sexual harassment, and advised the school to intervene.

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Malhotra emailed the school management, naming the students allegedly involved. The principal replied more than a month later, saying that the primary students named had left the school and that there was no evidence to act against the others.

The situation worsened during the Class 10 board examinations in February 2022. The boy was not provided a scribe for his February 16 examination. During his science examination on February 21, the headmistress allegedly rebuked him, insisted that he attempt numerical problems despite his learning disability and told him that “there was nothing like mental illness”.

He died three days later.

The police registered an FIR under Section 306 (abetment of suicide) at BPTP police station. The headmistress was arrested in February 2022 and granted bail the next month. The Faridabad Police subsequently formed a Special Investigation Team to probe the case.

In an anticipatory bail proceeding involving the school principal, the state had submitted that the principal had allegedly withheld the mother’s September 2021 sexual assault complaint from the police.