High Court directs strict enforcement of anti-bullying rules in schools

The Punjab and Haryana High Court has ordered the Department of School Education, Haryana, and the Central Board of Secondary Education to ensure all schools under its jurisdiction follow Supreme Court guidelines regarding bullying and harassment.

Background

The court issued these directions while hearing a petition filed by the mother of a 16-year-old student at a Faridabad school who died on February 24, 2022. The petition alleged that school authorities and the headmistress failed to protect the boy, who faced physical and sexual assault, bullying, and mocking by peers over his artistic inclination and perceived effeminacy. The mother sought a Central Bureau of Investigation probe and nationwide guidelines to protect students from the LGBTQIA+ community.

Court Directives

While declining to frame fresh guidelines because existing Supreme Court rules from Sukdeb Saha's case already apply, the court emphasized that written rules alone fail to protect distressed children. Pointing out that a 2015 CBSE circular was active during the period of abuse and that both the mother and a treating psychologist had informed the school about the child's condition, the court stressed that the core problem is proper implementation. The bench instructed the Haryana School Education Department to handle bullying complaints promptly and confidentially, reporting any cognizable offenses to the police. Meanwhile, the CBSE must collect and review annual reports from schools and take action against non-compliant institutions.

Context

Schools in India are bound by various regulatory frameworks set by boards like the CBSE and state education departments to ensure student safety and welfare on campus. Educational institutions face increasing judicial scrutiny to move beyond paper policies and actively protect students from harassment related to gender identity and sexual orientation.