The Punjab and Haryana High Court has directed the Haryana government to make sure that all schools in the state have a proper mechanism and an internal committee to deal with complaints of bullying and harassment based on gender, gender identity and sexual orientation. The direction was given by a bench of Justice Manisha Batra, according to a Hindustan Times report.
Key points
- Haryana must put in place a mechanism in schools to implement existing guidelines within three months.
- Complaints must be handled promptly and confidentially, and police must be involved where a cognizable offence is reported.
- CBSE has been asked to issue instructions to its schools in Chandigarh, Punjab and Haryana and to scrutinise annual reports.
- The judgment will be sent to the Central government, which has six months to take a decision on the suggestions.
The case behind the order
The court was hearing a petition that originally sought a Central Bureau of Investigation (CBI) probe into the death of a child in Faridabad in February 2022. The child was allegedly humiliated, bullied, and physically and sexually assaulted in a school because of his effeminacy.
The petitioner later did not press for a CBI probe. Instead, the petitioner asked the court to lay down guidelines to sensitise authorities and educational institutions, so that students from the LGBTQIA+ community are not harassed. The petitioner also sought proper execution of these guidelines in schools and colleges across the country, along with proper implementation of the Centre's 2014 guidelines on safety and security of children in schools.
What the court said
The court observed that the Supreme Court has already issued binding guidelines on the subject, and that a parallel set of guidelines could create confusion in implementation. It said the facts of the case show that guidelines which remain only on paper offer little protection to a child in distress.
The court noted that a CBSE circular of 2015 was in force throughout the period in which the child allegedly suffered. The record shows that the school was informed about his condition by his mother and by his treating psychologist. In the court's words, the real issue is the effective implementation of existing guidelines at the level of schools.
Along with the Haryana government's three-month deadline, the court asked the Central Board of Secondary Education (CBSE) to instruct its affiliated schools in Chandigarh, Punjab and Haryana to strictly follow its circulars and the Supreme Court's guidelines. The board has also been asked to call for annual reports, have them scrutinised, and take action in case of violations.
What happens next
The court has ordered that a copy of the judgment be sent to the Central government. The Centre is to consider the suggestions made in the case in consultation with the National Council of Educational Research and Training (NCERT) and take an appropriate decision within six months.
For parents and students in Haryana, the order means schools will be expected to have a working complaint system, not just written rules, to address bullying and harassment linked to gender and sexual orientation.
