Punjab and Haryana High Court Orders Schools to Ban Bullying Against LGBTQIA+ Students, ETEducation

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 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.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 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.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 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.