Full Judgment Text
REPORTABLE
2026 INSC 62
IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO. 1425 OF 2025
(Arising out of S.L.P. (Criminal) No. 13324 of 2024)
AMIT KUMAR & ORS. …APPELLANT(S)
VERSUS
UNION OF INDIA & ORS. …RESPONDENT(S)
O R D E R
Signature Not Verified
Digitally signed by
CHANDRESH
Date: 2026.01.15
17:59:02 IST
Reason:
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J.B. PARDIWALA & R. MAHADEVAN, J.J. :-
1.
By our judgment and order dated 24.03.2025, we had clarified the law
as regards the mandatory registration of an F.I.R. in the event of
disclosure of a cognizable offence and simultaneously, reminded the
administration of every educational institution that, it is their
unequivocal moral and legal obligation to promptly lodge an F.I.R. with
the appropriate authorities, if an incident of suicide occurs on campus.
2. While holding so, we had taken note of the disturbing pattern of student
suicides being reported from various educational institutions across the
country and deemed it necessary to understand what could be the
underlying causes contributing to distress amongst students. This was
done with a view to propel some affirmative action through the
formulation of comprehensive and effective guidelines/strategies that
would address the core of the problem and build a robust
institutionalized response for ensuring the mental well-being of
students studying in Higher Educational Institutions (hereinafter, the
“ HEIs ”).
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3.
In light of the same, a National Task Force (hereinafter, the “ NTF ”) to
address the mental health concerns of students and prevent the
commission of suicides in HEIs, was constituted by this Court. Their
remit broadly included the (a) identification of the predominant causes
leading to the commission of suicides by students; (b) analysis of the
existing legal and institutional frameworks along with its
(in)adequacies; and (c) recommendations for strengthening protections
from a preventive, remedial and reformative perspective, all which
ensured inclusivity, accountability and student well-being in HEIs.
4.
The NTF has prepared and placed before us an interim report in
pursuance of the aforesaid.
5.
Before giving a broad overview of the interim report prepared by the
NTF, we are deeply saddened to acknowledge that we have come across
several more incidents of student suicides which have been reported to
have occurred in educational institutions across the country. Such
repeated unfortunate incidents, time and again, reminds us of the
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gravity and enormity of the issue that we have been presented with in
the present matter.
6.
Youth and young adulthood, are increasingly recognised as vulnerable
phases, with most mental health conditions emerging before the age of
24. The 2022 National Suicide Prevention Strategy, also identifies the
youth and students as priority groups while recommending multi-
sectoral interventions. However, in such multi-sectoral interventions, it
is found that academic campus-based efforts in India are fragmented
and under-evaluated.
7. While some discourse surrounding the mental well-being of students
studying in HEIs and its close nexus with the incidence of suicides
already exists in academia, the NTF has moved one step further to look
into the sub-merged sections of the ‘ice-berg of student distress’ in order
to offer some structural, preventive and sustainable solutions to the
system and functioning of higher education in India. This is in
acknowledgment of the fact that student suicide represents only the
visible tip of a much larger ice-berg of student distress and well-being.
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Other manifestations of student distress and consequential low student
academic integration would include increased drop-out rates, poor
academic outcomes etc.
8. Although the suicide epidemic must be looked at from a mental health
or a public health perspective, yet it is equally important to explore
what the social, economic and other determinants of such behaviours
are, especially if we wish to holistically address the occurrences of
suicides in HEIs.
9.
Many of the ills that beset the student are admittedly larger societal
issues. However, within the metaphorical four walls of the educational
institution, there are many things that remain within the immediate
control of the educational authorities. Therefore, scope for much reform
rests with the administrative and other authorities of the HEIs, at least
insofar as creating a nurturing and responsive environment for students
is concerned.
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10.
There also exists some debate as regards the extent or nature of
responsibility that the HEIs hold in ensuring the mental well-being of
students. The tussle in particular is regarding whether a clear line can
be drawn between student autonomy and institutional responsibility
respectively. This dilemma between the aforesaid is especially
accentuated in the aftermath of the occurrence of any suicide, during
which, there is a heightened tendency to ascribe a larger role to the
individual autonomy of the deceased and remove any direct or even
incidental institutional responsibility. In other words, there exists a
predisposition to “shift the blame” and individualise the incident i.e., to
attribute individual-specific reasons and personal short-comings as the
closely-related cause. There is hardly any introspection into the
institutionally normalised ‘stressors’ which may have had any
contributory effect. However, irrespective of upon whom the
culpability may lie from a strict penal perspective, all that we are trying
to convey is that HEIs cannot shirk away from their fundamental duty
to ensure that their institutions as a whole are safe, equitable, inclusive
and conducive spaces of learning.
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11.
The NTF has approached the task assigned to them from both an
academic and a practical lens. Along with conducting a detailed review
of all the laws, policies, guidelines, recommendations, previous reports
etc., and examining the public data on student suicides from Sample
Registration Surveys (for short, the “ SRS ”), the National Crime Records
Bureau (for short, the “ NCRB ”) and online newspaper reports, the NTF
also launched a dedicated website to gather inputs via tailored surveys
from five stakeholder groups i.e., students, faculty, parents, mental
health providers and HEIs all over the country. Although the response
rate of the HEIs was relatively low i.e., 3.5% of 60,383 HEIs, yet they
give us a good representative idea of the reality in HEIs in this country.
Some valuable perspectives that have been particularly insightful have
emerged through these surveys. Further supplementing the aforesaid,
the NTF has also conducted a series of institutional visits and
stakeholder consultations, more precisely, a total of 30 meetings at 19
institutional sites, spanning different States, institutions and disciplines.
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12.
The NTF has also taken due note of the elaborate guidelines issued by
this Court in Sukdeb Saha v. The State of Andhra Pradesh reported in
2025 SCC OnLine SC 1515
.
I. IDENTIFYING AND ADDRESSING THE UNDERLYING
CONTRIBUTORS TO THE INCREASED INCIDENCE OF
STUDENT SUICIDES ACROSS THE COUNTRY.
13.
Upon analysing SRS data, the NTF has found that in the 15-29 age
group, suicides are either the second highest cause of death in the case
of men or, the highest cause of death in the case of women, with medical
reasons falling far behind. Such is not the case in any other age group,
where medical reasons visibly occupy a greater role. It is also pertinent
to mention that the suicide rate in India is way ahead of the global rates
pertaining to this age group.
14.
According to NCRB data for the year 2022, the total number of student
suicides stood at an alarming 13,000 cases. The youth of this country are
increasingly becoming vulnerable to suicides than the overall
population. Several studies also seem to indicate that such a rise in the
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number of student suicides is occurring at a time when the proportion
of the youth in the overall population is seeing a decline.
i. The manner of Expansion of the Higher Education System in India
15. In setting the context for further discussion, the NTF has begun by
highlighting that the unique complexities of higher education has its
genesis in the way in which it has expanded in the past few decades.
The “massification” and “privatisation” of the higher education system
in India has brought in unprecedented levels of student enrolment.
India is already the world’s second largest higher education system in
terms of student enrolment. In addition to this, the National Education
Policy, 2020 (for short, the “ NEP, 2020 ”) has also set an ambitious target
GER
of achieving a 50 per cent Gross Enrolment Ratio (for short, “ ”) by
the year 2035. There is no doubt that this expansion coupled with
affirmative action has also translated into the increased enrolment of
students belong to disadvantaged groups including SC/ST/OBCs,
PwDs, transgender persons, individuals from rural and remote areas
etc.
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16.
However, this growth has brought with itself some substantial
challenges and unprecedented pressure on academic standards. The
purely quantitative expansion without any adequate institutional
support framework, has left students vulnerable, as is directly
evidenced by the recurring instances of campus tragedies.
17. Therefore, it is of utmost importance that our myopic focus on quantity
does not eclipse the creation of qualitative support systems or reforms
within our higher education system. Numerical progress would only
superficially fulfil legal requirements and policy goals. What we must
strive to achieve is the “substantive and full participation” of all
students within the higher education learning environment as
envisioned within our constitutional ideals.
ii. Structural and social inequalities
18. It is in this context, that it becomes necessary to address the persistent
structural inequalities that students may be confronted with, post their
entry into college. In simple terms, we must acknowledge that all
students entering college life may not be similarly placed in all aspects.
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The lived realities of students belonging to marginalised groups
(SC/ST/OBC), persons with disabilities (for short, “ PwDs ”),
transgender persons, women, students from rural backgrounds, non-
English speaking students etc. remain different even within the college
atmosphere. Affirmative action cannot stop at merely ensuring their
entry into higher education. It must also reflect in the creation of
adequate support systems which ameliorate instead of exacerbate
existing inequities. The existence of such systems would significantly
disarm a significant host of stressors which disproportionately affect
students from marginalised groups and disadvantaged communities
and as a consequence, ensure their overall mental well-being.
19. Such support systems would range from:
i. the existence of well-functioning Equal Opportunity
Cells/Centres (for short, “ EOCs ”) as mandated by the University
Grants Commission (Promotion of Equity in Higher Educational
Institutions) Regulations, 2012;
ii. The existence of a well-functioning, independent and effective
Internal Complaints Committee (for short, “ ICCs ”) as mandated
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by the University Grants Commission (Prevention, prohibition
and redressal of sexual harassment of women employees and
students in higher educational institutions) Regulations, 2015;
iii. Proportionate representation of marginalised groups in faculty
and other positions of administrative authority within HEIs
which attempt to close the educator-student mismatch and create
a more inclusive and supportive learning environment;
iv.
A representative and non-skewed social composition of the
student body;
v. Accessible infrastructure for PwDs not just in terms of a few
ramps and handrails but also with careful attention paid to tactile
paths, signage, lifts, digital accessibility etc.;
vi. Initiatives that foster more inclusivity including but not limited to
language development centres and structured initiatives that
facilitate English language training for students educated in
vernacular/regional languages so that they can handle the
exclusively English-medium pedagogy and English-dominated
social environment; robust faculty and student mentorship
initiatives that offer academic and other necessary forms of
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support; absence of barriers to membership and full participation
in extra-curricular activities, co-curricular activities, clubs etc.;
institutionally created ‘safe spaces’ to build community which
would include separate infrastructural facilities which are to be
created by college authorities along with the promotion a culture
of non-academic activities and initiatives which encourage
socialisation etc.
20.
One might argue that aforesaid support systems, all predominantly
exist in most HEIs, in some form or the other. However, such an
averment would be visibly distant from the truth as the work of the NTF
has itself revealed that they either only exist on paper, or not at all; even
when they exist in actuality, they are merely tokenistic.
21. Especially in the context of EOCs and ICCs, what has been gathered
from some first-hand accounts of students and faculty members from
the online survey and the institutional visits of the NTF, is deeply
disheartening. Though these bodies may find existence in several
institutions, they lack independence and often work to favour the
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perpetrators or aggressors rather than the students for whom it was
created. Cases are suppressed and proceedings are often biased. This
also induces fears of academic or social backlash in students and
prevents them from accessing grievance redressal mechanisms. Even if
such bodies are constituted with the right members, they are said to lack
any real authority in the larger administrative framework of the HEIs to
take any action, rendering them virtually powerless when faced with
any incident of sexual harassment or discrimination.
22. This discloses the very sad reality that inclusion often remains more
symbolic than real and brings to the fore the fragility of higher
education in India –those that are attitudinal, infrastructural and
procedural.
iii. Ragging
23. The menace of ragging still seems to persist within several HEIs
with the same also being normalised and touted as a “bonding
exercise” or a “friendly ice-breaking effort”. We would be remiss
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if we did not acknowledge that significant steps have been taken
to rid educational campuses of the problem of ragging. However,
what seems to be the concern of many is that while HEIs obtain
anti-ragging declarations from students on paper, in the event of
such incidents occurring, they are not properly addressed and the
consequences for erring students are minimal or absent.
iv. Increased academic pressure
24.
The transition from school to university is a phase in young adulthood
that brings with it some unique responsibilities, challenges and
difficulties but without proper support systems. During the NTF’s
institutional visits, many students shared how they go from being
academically exceptional to one of many over-achievers at their
college/university. This combined with the institutional culture which
persistently creates anxiety and heightened stress levels to compete and
excel, brings about a sharp rise in mental health issues.
25. Extremely rigid attendance policies, overburdening and unplanned
phasing/scheduling of the academic curriculum, exam assessment
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methodologies, faculty shortage, vacant teaching posts, excessive
reliance on inexperienced guest faculty, non-transparent or non-existent
placement processes etc. were all pointed out as stressors by the
responses received by the NTF from students. Medical students, in
particular, spoke about the entrenched borderline exploitative academic
culture coupled with on-call hours being stretched well beyond the
prescribed limit – going as far as 36-48 hours at a go. In technical
institutions offering PhD programmes, it was pointed out that high
research demands, burnout, financial difficulties were combined with
uneven and inconsistent relationship with their supervisors, lack of
adequate lab equipment etc. Engineering college going students also
highlighted the intense nature of academic expectations heavily driven
by placements and salary packages. Several other course-specific and
discipline-specific issues were raised in these responses.
26.
All of the aforesaid are not shockingly new findings – discussions
around these issues have long pre-occupied policy makers and
educators alike but with no long-lasting or real solution.
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27.
A by-product of this competitive culture is the difficulty in building
healthy peer groups which then directly translates into social isolation.
When institutional spaces have no space for camaraderie , all students
suffer and especially, students from diverse social and economic
backgrounds suffer more.
28. Such a competitive culture is, no doubt, also carried over due to parental
pressure regarding career prospects etc. While we recognise that
sensitising parents is equally important, there is much that we can do to
change the normalised institutional culture at these places of learning.
v. Failure to properly redress mental health concerns of student by
HEIs.
29.
The role of Mental Health Service Providers (for short, the “ MHSPs ”)
in campus ecosystems is especially important if one conceptualises
student mental health as a continuum, extending beyond clinical
diagnoses to encompass broader well-being and suicide prevention
efforts.
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30.
The NTF has highlighted that there is a persistent and significant
treatment gap for common mental health concerns in HEIs, driven both
by supply-side barriers (scarcity of trained professionals, uneven
service distribution, etc.) and demand-side barriers (stigma, low
prioritization, fear of academic repercussions etc.). Any strategy must
focus on a combination of reforms which addresses both these barriers
equally.
31.
The survey conducted by the NTF and the preliminary responses
indicate that around 65% of the institutes surveyed currently do not
provide access to any MHSPs. Furthermore, the lack of presence of any
full-time MHSPs was indicated in 73% of the surveyed HEIs.
Preliminary figures also suggested a poor uptake of these services, even
in institutes where they existed. However, such a sub-optimal
utilisation may stem from several factors which include inter-alia poor
awareness about its existence within the student community, the
positioning of these services, lack of trust in administration, doubts
regarding the maintenance of confidentiality, apprehensions about
negative academic or social consequences, quality of services and
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corresponding satisfaction, its student-friendliness in terms of
location/timing/appointment procedures/nature of services etc. In the
absence of in-campus presence, even the presence of any formal liaison
or external linkages with MHSPs were reported in less than 20% of the
HEIs.
32. On the other hand, it must be mentioned that a handful of HEIs seem to
have also embraced an overreaching approach – by adopting an overly
standardised method and mandating that all students be sent to
counselling centres to undergo psychiatric evaluation, irrespective of
their individual needs. Such approaches fail to understand that mental
health problems need to be tailored to the subjective needs of students
instead of taking a ‘one size fits all’ outlook with a view to minimise
on-paper culpability.
33.
In this context, we must also mention that views from several faculty
members given to the NTF are also noteworthy. In the absence of
MHSPs, the faculty members themselves felt unprepared to offer
support, especially for sensitive and severe problems, including crises
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such as suicidal ideation. They stated that they are equally over-
extended with academic workloads and other administrative
responsibilities. Therefore, we must be cognisant before holding the
faculty members solely responsible for the students’ mental health
outcomes as well. Having said so, they are important stakeholders
within the HEI environment who must be trained to identify signs of
mental health risk and refer such students to MHSPs in appropriate
cases.
vi. Financial Stress
34. Financial stress was also frequently brought as a recurring theme
directly impacting the mental well-being of several students, especially
those belonging to rural and middle-income backgrounds. In several
HEIs, they were extensive delays, inconsistencies and inequities in
scholarship disbursement. Some HEIs even have institutional policies
wherein the students are held accountable for the payment of fees when
reimbursements/disbursements from the government faced any
administrative delays. The absence of any support on other costs which
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are equally high such as hostel fees, exam and administrative fees etc.
were also said to exacerbate financial pressure.
35.
The NTF also received several e-mail communications from students
themselves (which have been annexed in the interim report)
complaining of scholarship lapses due to systemic failures. The
necessity for immediate and time-bound grievance redressal was an
anguished plea on part of many students relying on such benefits for
the pursuance of their studies.
II. EXISTING LEGAL, POLICY AND INSTITUTIONAL
FRAMEWORKS ALONG WITH THEIR GAPS, IF ANY.
36.
The global measures for suicide prevention have all been aligned with
the World Health Organisation (for short, the “ WHO ”) policy on
suicide prevention. The NTF has identified that the nature of
interventions, however vary, with some countries framing a legal
statute (e.g., Japan, South Korea, the US, Canada, Argentina etc.) and
others relying on policies (e.g., UK, Australia, New Zealand, Sweden,
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Thailand etc.). In the particular context of suicide prevention measures
in colleges and universities, it is found that the system rests on a layered
structure but universities themselves, across these diverse contexts,
have converged on a set of common practices which include the
establishment of counselling and psychological services, strong referral
systems to external mental health providers, gatekeeper training, crisis
helplines, awareness initiatives and structured postvention protocols.
37.
What we have noticed from the interim report is that policies and
measures to ensure student well-being in India, do exist to a very large
extent, but they are scattered across several individual documents and
therefore, its implementation and accountability for non-compliance
slips through the cracks. Just to give an idea of the measures which
already exist, the NTF has identified the following policies, several that
have been spearheaded by the University Gants Commission (for short,
the “ UGC ”), which address suicides and the issues leading to suicides
in India:
i. The UGC Regulation on Curbing the Menace of Ragging in
Higher Educational Institutions, 2009;
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ii. The UGC (Promotion of Equity in Higher Educational
Institutions) Regulations, 2012;
iii.
The National Mental Health Programme (NMHP), 1982;
iv. The National Mental Health Policy, 2014;
v. UGC (Prevention, Prohibition and Redressal of Sexual
Harassment of Women Employees and Students in Higher
Educational Institutions) Regulations, 2016;
vi.
National Education Policy, 2020;
vii. Nasha Mukti Abhiyaan Task Force and Nasha Mukt Bharat
campaign;
viii. The UGC Accessibility Guidelines and Standards for Higher
Education Institutions and Universities, 2022;
ix. National Suicide Prevention Strategy, 2022;
x. National Tele Mental Health Programme (Tele MANAS), 2022;
xi. UGC (Redressal of Grievances of Students) Regulations, 2023; and
xii. The Ministry of Education’s Malaviya Mission Teacher Training
Programme (MMTTP) and its component on Capacity Building
Programme for Promoting Positive Mental Health Resilience and
Well-being in HEIs;
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38. Some relevant legislations also include, the Scheduled Castes and
Scheduled Tribes (Prevention of Atrocities) Act, 1989; the Rehabilitation
Council of India Act, 1992; the National Trust Act, 1999; the Rights of
Persons with Disabilities Act, 2016; the Mental Healthcare Act, 2017;
and the Transgender Persons (Protection of Rights) Act, 2019.
39.
It is of relevance to also note that some prior reports on issues related to
mental health and prevention of suicides in HEIs have also been looked
into by the NTF which include inter-alia the MHRD Task Force on
Centrally Funded Technical Institutions, 2012; Medical Institutions Task
Force under the National Medical Commission, 2024; independent
study conducted by IIT, Delhi in 2024; Report on Mental Health Services
at NLSIU Bengaluru (November, 2024); Reformation of National
Common Entrance Examination Testing (NEET) Report by the
Department of Higher Education, MHRD (October, 2024); Sexual
Harassment (Saksham Report) by the UGC, 2013; and the Psycho-social
study of Ragging released by the UGC, 2017.
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40.
These seven reports provide certain benchmarks with which the work
of the NTF has progressed. Furthermore, the NTF seeks to draw from
these prior efforts to see what needs to be strengthened and where new
directions are called for, especially to ensure that the same wheels are
not reinvented or recycled.
41. A significant gap as regards the previous reports, recommendations
and guidelines on student well-being, which has been identified by the
NTF is that, more often than not, the discussions remain prescriptive in
nature without any mechanism outlined for effective implementation.
To put it simply, there is no implementation roadmap or any guiding
operating procedures which could help with a universal and modelled
response. The existing measures stop at identifying the issues and
provide no guidance on the next step – its effective redressal.
42.
Even if a roadmap or some procedural nitty-gritties are outlined, they
do not find any strict real-world application, in the absence of
accountability being fixed on HEIs. To put it simply, most interventions
are generic, abstract and reactive. Although several of these measures
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are statutory regulations which have a binding effect, they are not taken
seriously because HEIs do not run the risk of any adverse consequences
for non-compliance. When it comes to guidelines, its enforcement
obviously throws up some serious challenges.
43.
However, if we are to keep student well-being in HEIs at the forefront,
we would have to close these gaps, with the help of the NTF and the
Union of India, and put all HEIs to notice that non-compliance will carry
some commensurate and serious consequences. We have taken such a
firm view also considering that a majority of the HEIs have not even
shown any initiative in doing the bare-minimum i.e., providing relevant
information by responding to the online survey conducted by the NTF,
despite several reminders given on behalf of the Union of India. We are
deeply disappointed with the apathetic attitude of most HEIs, which
serve as a reminder of the deep-rooted complexities and formidable
barriers that hinder the implementation of any national-level initiative
aimed at strengthening student mental health support systems within
HEIs.
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III. RECOMMENDATIONS OF THE NTF
44. The NTF has made some valuable recommendations in its interim
report after their preliminary study. These recommendations are over
and above the guidelines which have been issued in the decision of this
Court in Sukdeb Saha (supra).
45. Keeping in view the recommendations of the NTF, we deem it fit to
issue the following directions in exercise of our plenary powers under
Article 142 of the Constitution of India:
i. The Sample Registration System data on Suicides, especially
those falling within the age group of 15-29 years, must be
centrally maintained for better and more accurate estimates of
Deaths by Suicide of students in HEIs. The mechanisms for
obtaining and maintaining the same, may be developed with
the help of experts in the field of public health and
demography.
ii. The NCRB, in its annual report, must distinguish between
school-going students and students of higher education in its
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categorisation of “student suicides” in order to aid the study
of the trends of student suicides in HEIs.
iii.
All HEIs must report any incident of suicide or unnatural
death of a student, regardless of the location of its occurrence
(i.e. on campus, hostels, PG accommodations, or otherwise
outside the institutional premises), to the police authorities no
sooner they come to know about the incident. This should
cover all students - irrespective of whether they are studying
in the classroom, distance or online mode of learning.
iv. In addition to the above, an annual report of student suicides
or unnatural deaths must also be submitted to the UGC & all
other relevant regulatory bodies for professional courses (e.g.
AICTE, NMC, DCI, BCI etc.). In case of Central Universities
and Institutes of National Importance (for short, the “ INIs” ),
or any HEI that does not fall within the above-mentioned
framework, it must be reported to the Department of Higher
Education, Ministry of Education, Government of India.
v. Every residential HEI must have access to qualified medical
help round the clock, if not on campus, then within a one-km
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radius to provide emergency medical health support to
students.
vi.
Keeping in mind the faculty shortages which have been
reported in several HEIs, both public and private, it must be
ensured that all vacant faculty positions (both teaching and
non-teaching) be filled within a period of four months, with
priority given to posts reserved for candidates from
marginalized and underrepresented communities including
those posts reserved for PwDs. Special recruitment drives
may be held for faculty recruitment that come under various
forms of reservations as per central and state government
rules.
vii. Appointment and filling of vacancies of the post of Vice-
Chancellor, Registrars, and other key
institutional/administrative positions, must also be made
within a period of four months. Moreover, it must be ensured
as a matter of practice that, these positions are filled within a
period of one month from the date on which the vacancy
arises, in order to ensure the smooth functioning of HEIs.
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Since the date of retirement is known much ahead in time,
recruitment processes must begin well in advance to ensure
that such posts do not remain vacant for more than a month.
All HEIs must report on an annual basis to the Central and
relevant State Governments, as to how many reserved posts
are vacant, how many are filled, reasons for non-filling, time
taken, etc., so that periodic accountability is ensured.
viii.
The backlog of any and all pending scholarship
disbursements must be cleared within a period of four months
by the relevant Central and State government authorities. If
there exists any reason behind the non-disbursal of the same,
a notice with reasons must be sent to the relevant HEI along
with the student recipient, within a period of two months. It
must be ensured that the disbursement of all future
scholarships are done with clear timelines, without any delay
by the relevant Central and State Government authorities.
Disbursal dates and schedules must also be made known to
the student recipient. Even in cases of unavoidable
administrative delay, HEIs must not, as a policy, make the
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student recipients accountable for paying or clearing their
fees. No student should be prevented from appearing in an
examination, removed from hostels, barred from attending
classes, or have their marksheets and degrees withheld
because of delays in disbursal of scholarships. Any such
institutional policy, may be viewed strictly.
ix. All HEIs, are particularly put to strict notice, to remain fully
compliant with all the regulations that have a binding effect
on them including inter-alia the UGC Regulation on Curbing
the Menace of Ragging in Higher Educational Institutions,
2009; the UGC (Promotion of Equity in Higher Educational
Institutions) Regulations, 2012; the UGC (Prevention,
Prohibition and Redressal of Sexual Harassment of Women
Employees and Students in Higher Educational Institutions)
Regulations, 2016; the UGC (Redressal of Grievances of
Students) Regulations, 2023, amongst others. More,
particularly, the establishment of Anti-Ragging Committees
and Anti-Ragging Squads, Anti-Discrimination Officers,
Internal Complaints Committees and Student Grievance
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Redressal Committees along with the procedures detailed for
the respective grievance redressal mechanisms, must be
strictly adhered to.
46. The NTF has also made some other pertinent recommendations and the
same is reproduced as thus:
“ 4. Inclusion and Accessibility for Marginalised Groups
(including Students with Disability and Transgender
Students)
• Conduct mandatory accessibility audits in all HEIs to ensure
compliance with inclusivity standards.
• Following the audit, strengthen accessibility measures for
students and staff from marginalized groups (including
persons with disability and transgender students) across
admission, reservation (wherever applicable), hostel
accommodation, and campus facilities.
• Guarantee reasonable accommodation for all students with
disability, including assistive technologies, accessible
materials, and exam-related adjustments.
• Ensure that accommodation facilities, washrooms, sports
facilities, etc are accessible to students with disability and
gender-diverse students.
• Ensure that sufficient Scholarships are available and
accessible to students from these marginalised sections.
-xxx-
7. Faculty Sensitization and Training
• Mandate training for faculty and administrative staff to
recognize academic, financial, social, and discrimination-
related stressors affecting students, particularly those from
disadvantaged groups.
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• Training should equip faculty and administrative staff to
provide appropriate referral, support, and early intervention
for students in distress.
• The capacity building should equip the faculty and staff
with existing applicable legislations, regulations, policies,
and grievance redressal mechanisms.
-xxx-
9. Campus Mental Health Services
• Ensure that students have access to student-friendly
mental health support services provided by qualified
professionals, while avoiding the indiscriminate use of the
term "counsellor." For instance, the current practice of
labelling faculty members from diverse academic disciplines
as counsellors - without standardized orientation, training,
or supervision can create misleading impressions about the
availability of mental health services.
• Establish periodic, anonymized feedback mechanisms to
assess student satisfaction with campus mental health
services and inform ongoing improvements in service
delivery. Monitor overall service uptake and implement
targeted programs to reduce stigma and raise awareness
about when and how to seek support.
• Develop clear and transparent standard operating
procedures for all stakeholders (students, administrators,
service providers, and faculty) detailing measures to protect
confidentiality for students who seek mental health services
and outlining the specific circumstances (e.g., imminent
suicide risk) under which the confidentiality clause may be
ethically overridden.
• Strengthen the capacity of campus-based mental health
professionals through ongoing, student-centred training in
crisis intervention, and collaborative approaches to address
academic and institutional stressors. Equip service providers
with the skills to effectively liaise with administration and
advocate for student wellbeing across campus systems rather
than work in isolation.”
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47.
However, before we proceed to pass some detailed directions on the
specific recommendations reproduced hereinabove, we require some
further assistance from the NTF which they may incorporate in their
final report. This is with a view to ensure that the painstaking exercise
conducted by the NTF and our resultant directions do not suffer from
the same problem that has already been identified i.e., that they do not
remain prescriptive without any mechanism for implementation. We
request the NTF to assist us in the following aspects:
i. Creation of a model SOP for periodic “well-being audits” which
may be conducted in HEIs. This would include aspects
delineating which authority/body of persons would be
empowered to conduct such an audit and their composition; the
parameters of evaluation including but not limited to compliance
with binding regulations and other measures necessary for
inclusive education, the effectiveness of complaint resolution by
the Anti-ragging Committee, Internal Complaints Committee,
Anti-discrimination Officer, and Student Grievance Redressal
Committee, infrastructural requirements etc.; post-audit feedback
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and necessary action to be taken by the HEIs including the
mechanism for ensuring compliance in case any non-compliance
is found; the overall scoring system or assessment methodology
of the audit including the consequences for HEIs who perform
poorly etc. Scores received in such audits may be directly
imported to reflect in the NAAC grading scale for the concerned
HEI.
ii.
Creation of a model SOP for faculty sensitisation and training
which may include the frequency at which such training must be
conducted; its scope in terms of including both faculty and non-
faculty members; the aspects or topics on which training would
be given; how the effectiveness of the training and its translation
into practice would be assessed etc.
iii. Creation of a model SOP for Mental Health Services which is to
be provided for students in HEIs. This would begin from
answering how gatekeeper training is to be provided to relevant
stakeholders; the infrastructural facilities along with expert
personnel requirements for mental health services which is to be
made available on campus; the remote provision of services
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through online video-conferencing; external-referral linkages,
whether they must be made free/subsidised and if so, to what
extent; rules of confidentiality and when they may be breached;
follow-up procedures; how the periodic and anonymized
feedback mechanisms which assess student satisfaction with the
mental health services offered must be conducted; how such
feedback would be incorporated in further provision of mental
health services; record keeping of wellness interventions, referrals
etc.; including a list of measures that can improve overall service
uptake by students and address the demand-side barriers etc.
48. The aforesaid would be in addition to the existing work of the NTF and
what they plan to incorporate in their final report.
49. What we wish to achieve through the aforesaid and also hope from the
NTF is that they suggest a model ‘Universal Design Framework’ or a
model ‘Suicide Prevention and Postvention Protocol’ or a model
‘Student well-being Protocol’ which cohesively and comprehensively
incorporates the aforementioned model SOPs, the existing guidelines
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on ragging, promotion of equity, sexual harassment, etc., and any other
relevant measures which they may consider necessary, into one single
guiding document. We would also request the NTF to leverage their
study of the existing laws, policies, guidelines and recommendations,
in this regard so that parallel bodies and mechanisms are not created
over and above those that already exist.
50. If any need be, it will be upon the statutory professional bodies and
sectoral organisations like UGC, All India Council for Technical
Education (for short, the “ AICTE” ), Indian Council of Agricultural
ICAR”
Research (for short, the “ ), Pharmacy Council of India (for short,
the “ PCI” ), Indian Nursing Council (for short, the “ INC” ), Dental
Council of India (for short, the “ DCI” ), Central Council of Indian
Medicine (for short, the “ CCIM” ), Council of Architecture (for short, the
“ COA” ), National Council for Teacher Education (for short , the
NCTE” NMC”
“ ), National Medical Commission (for short, the “ ), Bar
Council of India (for short, the “ BCI” ) etc. to incorporate additional
measures that address other specific issues which are unique to the
HEIs and technical institutes under their purview.
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51.
We wish to record and express our deepest gratitude towards the
Chairperson and all the members of the NTF for the resolute devotion
with which they have been working to address the issue of student
suicides in HEIs.
52. The Union of India and the respective State Governments shall make
sure that the directions given by us in paragraph 45 of this order are
communicated to all HEIs all over this country, at the earliest and
appropriate action is taken in this regard.
……..…….....................J.
[J.B. PARDIWALA]
……………...................J.
[R. MAHADEVAN]
New Delhi
15th January, 2026.
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2026 INSC 62
IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO. 1425 OF 2025
(Arising out of S.L.P. (Criminal) No. 13324 of 2024)
AMIT KUMAR & ORS. …APPELLANT(S)
VERSUS
UNION OF INDIA & ORS. …RESPONDENT(S)
O R D E R
Signature Not Verified
Digitally signed by
CHANDRESH
Date: 2026.01.15
17:59:02 IST
Reason:
Page 1 of 38
J.B. PARDIWALA & R. MAHADEVAN, J.J. :-
1.
By our judgment and order dated 24.03.2025, we had clarified the law
as regards the mandatory registration of an F.I.R. in the event of
disclosure of a cognizable offence and simultaneously, reminded the
administration of every educational institution that, it is their
unequivocal moral and legal obligation to promptly lodge an F.I.R. with
the appropriate authorities, if an incident of suicide occurs on campus.
2. While holding so, we had taken note of the disturbing pattern of student
suicides being reported from various educational institutions across the
country and deemed it necessary to understand what could be the
underlying causes contributing to distress amongst students. This was
done with a view to propel some affirmative action through the
formulation of comprehensive and effective guidelines/strategies that
would address the core of the problem and build a robust
institutionalized response for ensuring the mental well-being of
students studying in Higher Educational Institutions (hereinafter, the
“ HEIs ”).
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3.
In light of the same, a National Task Force (hereinafter, the “ NTF ”) to
address the mental health concerns of students and prevent the
commission of suicides in HEIs, was constituted by this Court. Their
remit broadly included the (a) identification of the predominant causes
leading to the commission of suicides by students; (b) analysis of the
existing legal and institutional frameworks along with its
(in)adequacies; and (c) recommendations for strengthening protections
from a preventive, remedial and reformative perspective, all which
ensured inclusivity, accountability and student well-being in HEIs.
4.
The NTF has prepared and placed before us an interim report in
pursuance of the aforesaid.
5.
Before giving a broad overview of the interim report prepared by the
NTF, we are deeply saddened to acknowledge that we have come across
several more incidents of student suicides which have been reported to
have occurred in educational institutions across the country. Such
repeated unfortunate incidents, time and again, reminds us of the
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gravity and enormity of the issue that we have been presented with in
the present matter.
6.
Youth and young adulthood, are increasingly recognised as vulnerable
phases, with most mental health conditions emerging before the age of
24. The 2022 National Suicide Prevention Strategy, also identifies the
youth and students as priority groups while recommending multi-
sectoral interventions. However, in such multi-sectoral interventions, it
is found that academic campus-based efforts in India are fragmented
and under-evaluated.
7. While some discourse surrounding the mental well-being of students
studying in HEIs and its close nexus with the incidence of suicides
already exists in academia, the NTF has moved one step further to look
into the sub-merged sections of the ‘ice-berg of student distress’ in order
to offer some structural, preventive and sustainable solutions to the
system and functioning of higher education in India. This is in
acknowledgment of the fact that student suicide represents only the
visible tip of a much larger ice-berg of student distress and well-being.
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Other manifestations of student distress and consequential low student
academic integration would include increased drop-out rates, poor
academic outcomes etc.
8. Although the suicide epidemic must be looked at from a mental health
or a public health perspective, yet it is equally important to explore
what the social, economic and other determinants of such behaviours
are, especially if we wish to holistically address the occurrences of
suicides in HEIs.
9.
Many of the ills that beset the student are admittedly larger societal
issues. However, within the metaphorical four walls of the educational
institution, there are many things that remain within the immediate
control of the educational authorities. Therefore, scope for much reform
rests with the administrative and other authorities of the HEIs, at least
insofar as creating a nurturing and responsive environment for students
is concerned.
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10.
There also exists some debate as regards the extent or nature of
responsibility that the HEIs hold in ensuring the mental well-being of
students. The tussle in particular is regarding whether a clear line can
be drawn between student autonomy and institutional responsibility
respectively. This dilemma between the aforesaid is especially
accentuated in the aftermath of the occurrence of any suicide, during
which, there is a heightened tendency to ascribe a larger role to the
individual autonomy of the deceased and remove any direct or even
incidental institutional responsibility. In other words, there exists a
predisposition to “shift the blame” and individualise the incident i.e., to
attribute individual-specific reasons and personal short-comings as the
closely-related cause. There is hardly any introspection into the
institutionally normalised ‘stressors’ which may have had any
contributory effect. However, irrespective of upon whom the
culpability may lie from a strict penal perspective, all that we are trying
to convey is that HEIs cannot shirk away from their fundamental duty
to ensure that their institutions as a whole are safe, equitable, inclusive
and conducive spaces of learning.
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11.
The NTF has approached the task assigned to them from both an
academic and a practical lens. Along with conducting a detailed review
of all the laws, policies, guidelines, recommendations, previous reports
etc., and examining the public data on student suicides from Sample
Registration Surveys (for short, the “ SRS ”), the National Crime Records
Bureau (for short, the “ NCRB ”) and online newspaper reports, the NTF
also launched a dedicated website to gather inputs via tailored surveys
from five stakeholder groups i.e., students, faculty, parents, mental
health providers and HEIs all over the country. Although the response
rate of the HEIs was relatively low i.e., 3.5% of 60,383 HEIs, yet they
give us a good representative idea of the reality in HEIs in this country.
Some valuable perspectives that have been particularly insightful have
emerged through these surveys. Further supplementing the aforesaid,
the NTF has also conducted a series of institutional visits and
stakeholder consultations, more precisely, a total of 30 meetings at 19
institutional sites, spanning different States, institutions and disciplines.
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12.
The NTF has also taken due note of the elaborate guidelines issued by
this Court in Sukdeb Saha v. The State of Andhra Pradesh reported in
2025 SCC OnLine SC 1515
.
I. IDENTIFYING AND ADDRESSING THE UNDERLYING
CONTRIBUTORS TO THE INCREASED INCIDENCE OF
STUDENT SUICIDES ACROSS THE COUNTRY.
13.
Upon analysing SRS data, the NTF has found that in the 15-29 age
group, suicides are either the second highest cause of death in the case
of men or, the highest cause of death in the case of women, with medical
reasons falling far behind. Such is not the case in any other age group,
where medical reasons visibly occupy a greater role. It is also pertinent
to mention that the suicide rate in India is way ahead of the global rates
pertaining to this age group.
14.
According to NCRB data for the year 2022, the total number of student
suicides stood at an alarming 13,000 cases. The youth of this country are
increasingly becoming vulnerable to suicides than the overall
population. Several studies also seem to indicate that such a rise in the
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number of student suicides is occurring at a time when the proportion
of the youth in the overall population is seeing a decline.
i. The manner of Expansion of the Higher Education System in India
15. In setting the context for further discussion, the NTF has begun by
highlighting that the unique complexities of higher education has its
genesis in the way in which it has expanded in the past few decades.
The “massification” and “privatisation” of the higher education system
in India has brought in unprecedented levels of student enrolment.
India is already the world’s second largest higher education system in
terms of student enrolment. In addition to this, the National Education
Policy, 2020 (for short, the “ NEP, 2020 ”) has also set an ambitious target
GER
of achieving a 50 per cent Gross Enrolment Ratio (for short, “ ”) by
the year 2035. There is no doubt that this expansion coupled with
affirmative action has also translated into the increased enrolment of
students belong to disadvantaged groups including SC/ST/OBCs,
PwDs, transgender persons, individuals from rural and remote areas
etc.
Page 9 of 38
16.
However, this growth has brought with itself some substantial
challenges and unprecedented pressure on academic standards. The
purely quantitative expansion without any adequate institutional
support framework, has left students vulnerable, as is directly
evidenced by the recurring instances of campus tragedies.
17. Therefore, it is of utmost importance that our myopic focus on quantity
does not eclipse the creation of qualitative support systems or reforms
within our higher education system. Numerical progress would only
superficially fulfil legal requirements and policy goals. What we must
strive to achieve is the “substantive and full participation” of all
students within the higher education learning environment as
envisioned within our constitutional ideals.
ii. Structural and social inequalities
18. It is in this context, that it becomes necessary to address the persistent
structural inequalities that students may be confronted with, post their
entry into college. In simple terms, we must acknowledge that all
students entering college life may not be similarly placed in all aspects.
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The lived realities of students belonging to marginalised groups
(SC/ST/OBC), persons with disabilities (for short, “ PwDs ”),
transgender persons, women, students from rural backgrounds, non-
English speaking students etc. remain different even within the college
atmosphere. Affirmative action cannot stop at merely ensuring their
entry into higher education. It must also reflect in the creation of
adequate support systems which ameliorate instead of exacerbate
existing inequities. The existence of such systems would significantly
disarm a significant host of stressors which disproportionately affect
students from marginalised groups and disadvantaged communities
and as a consequence, ensure their overall mental well-being.
19. Such support systems would range from:
i. the existence of well-functioning Equal Opportunity
Cells/Centres (for short, “ EOCs ”) as mandated by the University
Grants Commission (Promotion of Equity in Higher Educational
Institutions) Regulations, 2012;
ii. The existence of a well-functioning, independent and effective
Internal Complaints Committee (for short, “ ICCs ”) as mandated
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by the University Grants Commission (Prevention, prohibition
and redressal of sexual harassment of women employees and
students in higher educational institutions) Regulations, 2015;
iii. Proportionate representation of marginalised groups in faculty
and other positions of administrative authority within HEIs
which attempt to close the educator-student mismatch and create
a more inclusive and supportive learning environment;
iv.
A representative and non-skewed social composition of the
student body;
v. Accessible infrastructure for PwDs not just in terms of a few
ramps and handrails but also with careful attention paid to tactile
paths, signage, lifts, digital accessibility etc.;
vi. Initiatives that foster more inclusivity including but not limited to
language development centres and structured initiatives that
facilitate English language training for students educated in
vernacular/regional languages so that they can handle the
exclusively English-medium pedagogy and English-dominated
social environment; robust faculty and student mentorship
initiatives that offer academic and other necessary forms of
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support; absence of barriers to membership and full participation
in extra-curricular activities, co-curricular activities, clubs etc.;
institutionally created ‘safe spaces’ to build community which
would include separate infrastructural facilities which are to be
created by college authorities along with the promotion a culture
of non-academic activities and initiatives which encourage
socialisation etc.
20.
One might argue that aforesaid support systems, all predominantly
exist in most HEIs, in some form or the other. However, such an
averment would be visibly distant from the truth as the work of the NTF
has itself revealed that they either only exist on paper, or not at all; even
when they exist in actuality, they are merely tokenistic.
21. Especially in the context of EOCs and ICCs, what has been gathered
from some first-hand accounts of students and faculty members from
the online survey and the institutional visits of the NTF, is deeply
disheartening. Though these bodies may find existence in several
institutions, they lack independence and often work to favour the
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perpetrators or aggressors rather than the students for whom it was
created. Cases are suppressed and proceedings are often biased. This
also induces fears of academic or social backlash in students and
prevents them from accessing grievance redressal mechanisms. Even if
such bodies are constituted with the right members, they are said to lack
any real authority in the larger administrative framework of the HEIs to
take any action, rendering them virtually powerless when faced with
any incident of sexual harassment or discrimination.
22. This discloses the very sad reality that inclusion often remains more
symbolic than real and brings to the fore the fragility of higher
education in India –those that are attitudinal, infrastructural and
procedural.
iii. Ragging
23. The menace of ragging still seems to persist within several HEIs
with the same also being normalised and touted as a “bonding
exercise” or a “friendly ice-breaking effort”. We would be remiss
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if we did not acknowledge that significant steps have been taken
to rid educational campuses of the problem of ragging. However,
what seems to be the concern of many is that while HEIs obtain
anti-ragging declarations from students on paper, in the event of
such incidents occurring, they are not properly addressed and the
consequences for erring students are minimal or absent.
iv. Increased academic pressure
24.
The transition from school to university is a phase in young adulthood
that brings with it some unique responsibilities, challenges and
difficulties but without proper support systems. During the NTF’s
institutional visits, many students shared how they go from being
academically exceptional to one of many over-achievers at their
college/university. This combined with the institutional culture which
persistently creates anxiety and heightened stress levels to compete and
excel, brings about a sharp rise in mental health issues.
25. Extremely rigid attendance policies, overburdening and unplanned
phasing/scheduling of the academic curriculum, exam assessment
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methodologies, faculty shortage, vacant teaching posts, excessive
reliance on inexperienced guest faculty, non-transparent or non-existent
placement processes etc. were all pointed out as stressors by the
responses received by the NTF from students. Medical students, in
particular, spoke about the entrenched borderline exploitative academic
culture coupled with on-call hours being stretched well beyond the
prescribed limit – going as far as 36-48 hours at a go. In technical
institutions offering PhD programmes, it was pointed out that high
research demands, burnout, financial difficulties were combined with
uneven and inconsistent relationship with their supervisors, lack of
adequate lab equipment etc. Engineering college going students also
highlighted the intense nature of academic expectations heavily driven
by placements and salary packages. Several other course-specific and
discipline-specific issues were raised in these responses.
26.
All of the aforesaid are not shockingly new findings – discussions
around these issues have long pre-occupied policy makers and
educators alike but with no long-lasting or real solution.
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27.
A by-product of this competitive culture is the difficulty in building
healthy peer groups which then directly translates into social isolation.
When institutional spaces have no space for camaraderie , all students
suffer and especially, students from diverse social and economic
backgrounds suffer more.
28. Such a competitive culture is, no doubt, also carried over due to parental
pressure regarding career prospects etc. While we recognise that
sensitising parents is equally important, there is much that we can do to
change the normalised institutional culture at these places of learning.
v. Failure to properly redress mental health concerns of student by
HEIs.
29.
The role of Mental Health Service Providers (for short, the “ MHSPs ”)
in campus ecosystems is especially important if one conceptualises
student mental health as a continuum, extending beyond clinical
diagnoses to encompass broader well-being and suicide prevention
efforts.
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30.
The NTF has highlighted that there is a persistent and significant
treatment gap for common mental health concerns in HEIs, driven both
by supply-side barriers (scarcity of trained professionals, uneven
service distribution, etc.) and demand-side barriers (stigma, low
prioritization, fear of academic repercussions etc.). Any strategy must
focus on a combination of reforms which addresses both these barriers
equally.
31.
The survey conducted by the NTF and the preliminary responses
indicate that around 65% of the institutes surveyed currently do not
provide access to any MHSPs. Furthermore, the lack of presence of any
full-time MHSPs was indicated in 73% of the surveyed HEIs.
Preliminary figures also suggested a poor uptake of these services, even
in institutes where they existed. However, such a sub-optimal
utilisation may stem from several factors which include inter-alia poor
awareness about its existence within the student community, the
positioning of these services, lack of trust in administration, doubts
regarding the maintenance of confidentiality, apprehensions about
negative academic or social consequences, quality of services and
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corresponding satisfaction, its student-friendliness in terms of
location/timing/appointment procedures/nature of services etc. In the
absence of in-campus presence, even the presence of any formal liaison
or external linkages with MHSPs were reported in less than 20% of the
HEIs.
32. On the other hand, it must be mentioned that a handful of HEIs seem to
have also embraced an overreaching approach – by adopting an overly
standardised method and mandating that all students be sent to
counselling centres to undergo psychiatric evaluation, irrespective of
their individual needs. Such approaches fail to understand that mental
health problems need to be tailored to the subjective needs of students
instead of taking a ‘one size fits all’ outlook with a view to minimise
on-paper culpability.
33.
In this context, we must also mention that views from several faculty
members given to the NTF are also noteworthy. In the absence of
MHSPs, the faculty members themselves felt unprepared to offer
support, especially for sensitive and severe problems, including crises
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such as suicidal ideation. They stated that they are equally over-
extended with academic workloads and other administrative
responsibilities. Therefore, we must be cognisant before holding the
faculty members solely responsible for the students’ mental health
outcomes as well. Having said so, they are important stakeholders
within the HEI environment who must be trained to identify signs of
mental health risk and refer such students to MHSPs in appropriate
cases.
vi. Financial Stress
34. Financial stress was also frequently brought as a recurring theme
directly impacting the mental well-being of several students, especially
those belonging to rural and middle-income backgrounds. In several
HEIs, they were extensive delays, inconsistencies and inequities in
scholarship disbursement. Some HEIs even have institutional policies
wherein the students are held accountable for the payment of fees when
reimbursements/disbursements from the government faced any
administrative delays. The absence of any support on other costs which
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are equally high such as hostel fees, exam and administrative fees etc.
were also said to exacerbate financial pressure.
35.
The NTF also received several e-mail communications from students
themselves (which have been annexed in the interim report)
complaining of scholarship lapses due to systemic failures. The
necessity for immediate and time-bound grievance redressal was an
anguished plea on part of many students relying on such benefits for
the pursuance of their studies.
II. EXISTING LEGAL, POLICY AND INSTITUTIONAL
FRAMEWORKS ALONG WITH THEIR GAPS, IF ANY.
36.
The global measures for suicide prevention have all been aligned with
the World Health Organisation (for short, the “ WHO ”) policy on
suicide prevention. The NTF has identified that the nature of
interventions, however vary, with some countries framing a legal
statute (e.g., Japan, South Korea, the US, Canada, Argentina etc.) and
others relying on policies (e.g., UK, Australia, New Zealand, Sweden,
Page 21 of 38
Thailand etc.). In the particular context of suicide prevention measures
in colleges and universities, it is found that the system rests on a layered
structure but universities themselves, across these diverse contexts,
have converged on a set of common practices which include the
establishment of counselling and psychological services, strong referral
systems to external mental health providers, gatekeeper training, crisis
helplines, awareness initiatives and structured postvention protocols.
37.
What we have noticed from the interim report is that policies and
measures to ensure student well-being in India, do exist to a very large
extent, but they are scattered across several individual documents and
therefore, its implementation and accountability for non-compliance
slips through the cracks. Just to give an idea of the measures which
already exist, the NTF has identified the following policies, several that
have been spearheaded by the University Gants Commission (for short,
the “ UGC ”), which address suicides and the issues leading to suicides
in India:
i. The UGC Regulation on Curbing the Menace of Ragging in
Higher Educational Institutions, 2009;
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ii. The UGC (Promotion of Equity in Higher Educational
Institutions) Regulations, 2012;
iii.
The National Mental Health Programme (NMHP), 1982;
iv. The National Mental Health Policy, 2014;
v. UGC (Prevention, Prohibition and Redressal of Sexual
Harassment of Women Employees and Students in Higher
Educational Institutions) Regulations, 2016;
vi.
National Education Policy, 2020;
vii. Nasha Mukti Abhiyaan Task Force and Nasha Mukt Bharat
campaign;
viii. The UGC Accessibility Guidelines and Standards for Higher
Education Institutions and Universities, 2022;
ix. National Suicide Prevention Strategy, 2022;
x. National Tele Mental Health Programme (Tele MANAS), 2022;
xi. UGC (Redressal of Grievances of Students) Regulations, 2023; and
xii. The Ministry of Education’s Malaviya Mission Teacher Training
Programme (MMTTP) and its component on Capacity Building
Programme for Promoting Positive Mental Health Resilience and
Well-being in HEIs;
Page 23 of 38
38. Some relevant legislations also include, the Scheduled Castes and
Scheduled Tribes (Prevention of Atrocities) Act, 1989; the Rehabilitation
Council of India Act, 1992; the National Trust Act, 1999; the Rights of
Persons with Disabilities Act, 2016; the Mental Healthcare Act, 2017;
and the Transgender Persons (Protection of Rights) Act, 2019.
39.
It is of relevance to also note that some prior reports on issues related to
mental health and prevention of suicides in HEIs have also been looked
into by the NTF which include inter-alia the MHRD Task Force on
Centrally Funded Technical Institutions, 2012; Medical Institutions Task
Force under the National Medical Commission, 2024; independent
study conducted by IIT, Delhi in 2024; Report on Mental Health Services
at NLSIU Bengaluru (November, 2024); Reformation of National
Common Entrance Examination Testing (NEET) Report by the
Department of Higher Education, MHRD (October, 2024); Sexual
Harassment (Saksham Report) by the UGC, 2013; and the Psycho-social
study of Ragging released by the UGC, 2017.
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40.
These seven reports provide certain benchmarks with which the work
of the NTF has progressed. Furthermore, the NTF seeks to draw from
these prior efforts to see what needs to be strengthened and where new
directions are called for, especially to ensure that the same wheels are
not reinvented or recycled.
41. A significant gap as regards the previous reports, recommendations
and guidelines on student well-being, which has been identified by the
NTF is that, more often than not, the discussions remain prescriptive in
nature without any mechanism outlined for effective implementation.
To put it simply, there is no implementation roadmap or any guiding
operating procedures which could help with a universal and modelled
response. The existing measures stop at identifying the issues and
provide no guidance on the next step – its effective redressal.
42.
Even if a roadmap or some procedural nitty-gritties are outlined, they
do not find any strict real-world application, in the absence of
accountability being fixed on HEIs. To put it simply, most interventions
are generic, abstract and reactive. Although several of these measures
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are statutory regulations which have a binding effect, they are not taken
seriously because HEIs do not run the risk of any adverse consequences
for non-compliance. When it comes to guidelines, its enforcement
obviously throws up some serious challenges.
43.
However, if we are to keep student well-being in HEIs at the forefront,
we would have to close these gaps, with the help of the NTF and the
Union of India, and put all HEIs to notice that non-compliance will carry
some commensurate and serious consequences. We have taken such a
firm view also considering that a majority of the HEIs have not even
shown any initiative in doing the bare-minimum i.e., providing relevant
information by responding to the online survey conducted by the NTF,
despite several reminders given on behalf of the Union of India. We are
deeply disappointed with the apathetic attitude of most HEIs, which
serve as a reminder of the deep-rooted complexities and formidable
barriers that hinder the implementation of any national-level initiative
aimed at strengthening student mental health support systems within
HEIs.
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III. RECOMMENDATIONS OF THE NTF
44. The NTF has made some valuable recommendations in its interim
report after their preliminary study. These recommendations are over
and above the guidelines which have been issued in the decision of this
Court in Sukdeb Saha (supra).
45. Keeping in view the recommendations of the NTF, we deem it fit to
issue the following directions in exercise of our plenary powers under
Article 142 of the Constitution of India:
i. The Sample Registration System data on Suicides, especially
those falling within the age group of 15-29 years, must be
centrally maintained for better and more accurate estimates of
Deaths by Suicide of students in HEIs. The mechanisms for
obtaining and maintaining the same, may be developed with
the help of experts in the field of public health and
demography.
ii. The NCRB, in its annual report, must distinguish between
school-going students and students of higher education in its
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categorisation of “student suicides” in order to aid the study
of the trends of student suicides in HEIs.
iii.
All HEIs must report any incident of suicide or unnatural
death of a student, regardless of the location of its occurrence
(i.e. on campus, hostels, PG accommodations, or otherwise
outside the institutional premises), to the police authorities no
sooner they come to know about the incident. This should
cover all students - irrespective of whether they are studying
in the classroom, distance or online mode of learning.
iv. In addition to the above, an annual report of student suicides
or unnatural deaths must also be submitted to the UGC & all
other relevant regulatory bodies for professional courses (e.g.
AICTE, NMC, DCI, BCI etc.). In case of Central Universities
and Institutes of National Importance (for short, the “ INIs” ),
or any HEI that does not fall within the above-mentioned
framework, it must be reported to the Department of Higher
Education, Ministry of Education, Government of India.
v. Every residential HEI must have access to qualified medical
help round the clock, if not on campus, then within a one-km
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radius to provide emergency medical health support to
students.
vi.
Keeping in mind the faculty shortages which have been
reported in several HEIs, both public and private, it must be
ensured that all vacant faculty positions (both teaching and
non-teaching) be filled within a period of four months, with
priority given to posts reserved for candidates from
marginalized and underrepresented communities including
those posts reserved for PwDs. Special recruitment drives
may be held for faculty recruitment that come under various
forms of reservations as per central and state government
rules.
vii. Appointment and filling of vacancies of the post of Vice-
Chancellor, Registrars, and other key
institutional/administrative positions, must also be made
within a period of four months. Moreover, it must be ensured
as a matter of practice that, these positions are filled within a
period of one month from the date on which the vacancy
arises, in order to ensure the smooth functioning of HEIs.
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Since the date of retirement is known much ahead in time,
recruitment processes must begin well in advance to ensure
that such posts do not remain vacant for more than a month.
All HEIs must report on an annual basis to the Central and
relevant State Governments, as to how many reserved posts
are vacant, how many are filled, reasons for non-filling, time
taken, etc., so that periodic accountability is ensured.
viii.
The backlog of any and all pending scholarship
disbursements must be cleared within a period of four months
by the relevant Central and State government authorities. If
there exists any reason behind the non-disbursal of the same,
a notice with reasons must be sent to the relevant HEI along
with the student recipient, within a period of two months. It
must be ensured that the disbursement of all future
scholarships are done with clear timelines, without any delay
by the relevant Central and State Government authorities.
Disbursal dates and schedules must also be made known to
the student recipient. Even in cases of unavoidable
administrative delay, HEIs must not, as a policy, make the
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student recipients accountable for paying or clearing their
fees. No student should be prevented from appearing in an
examination, removed from hostels, barred from attending
classes, or have their marksheets and degrees withheld
because of delays in disbursal of scholarships. Any such
institutional policy, may be viewed strictly.
ix. All HEIs, are particularly put to strict notice, to remain fully
compliant with all the regulations that have a binding effect
on them including inter-alia the UGC Regulation on Curbing
the Menace of Ragging in Higher Educational Institutions,
2009; the UGC (Promotion of Equity in Higher Educational
Institutions) Regulations, 2012; the UGC (Prevention,
Prohibition and Redressal of Sexual Harassment of Women
Employees and Students in Higher Educational Institutions)
Regulations, 2016; the UGC (Redressal of Grievances of
Students) Regulations, 2023, amongst others. More,
particularly, the establishment of Anti-Ragging Committees
and Anti-Ragging Squads, Anti-Discrimination Officers,
Internal Complaints Committees and Student Grievance
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Redressal Committees along with the procedures detailed for
the respective grievance redressal mechanisms, must be
strictly adhered to.
46. The NTF has also made some other pertinent recommendations and the
same is reproduced as thus:
“ 4. Inclusion and Accessibility for Marginalised Groups
(including Students with Disability and Transgender
Students)
• Conduct mandatory accessibility audits in all HEIs to ensure
compliance with inclusivity standards.
• Following the audit, strengthen accessibility measures for
students and staff from marginalized groups (including
persons with disability and transgender students) across
admission, reservation (wherever applicable), hostel
accommodation, and campus facilities.
• Guarantee reasonable accommodation for all students with
disability, including assistive technologies, accessible
materials, and exam-related adjustments.
• Ensure that accommodation facilities, washrooms, sports
facilities, etc are accessible to students with disability and
gender-diverse students.
• Ensure that sufficient Scholarships are available and
accessible to students from these marginalised sections.
-xxx-
7. Faculty Sensitization and Training
• Mandate training for faculty and administrative staff to
recognize academic, financial, social, and discrimination-
related stressors affecting students, particularly those from
disadvantaged groups.
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• Training should equip faculty and administrative staff to
provide appropriate referral, support, and early intervention
for students in distress.
• The capacity building should equip the faculty and staff
with existing applicable legislations, regulations, policies,
and grievance redressal mechanisms.
-xxx-
9. Campus Mental Health Services
• Ensure that students have access to student-friendly
mental health support services provided by qualified
professionals, while avoiding the indiscriminate use of the
term "counsellor." For instance, the current practice of
labelling faculty members from diverse academic disciplines
as counsellors - without standardized orientation, training,
or supervision can create misleading impressions about the
availability of mental health services.
• Establish periodic, anonymized feedback mechanisms to
assess student satisfaction with campus mental health
services and inform ongoing improvements in service
delivery. Monitor overall service uptake and implement
targeted programs to reduce stigma and raise awareness
about when and how to seek support.
• Develop clear and transparent standard operating
procedures for all stakeholders (students, administrators,
service providers, and faculty) detailing measures to protect
confidentiality for students who seek mental health services
and outlining the specific circumstances (e.g., imminent
suicide risk) under which the confidentiality clause may be
ethically overridden.
• Strengthen the capacity of campus-based mental health
professionals through ongoing, student-centred training in
crisis intervention, and collaborative approaches to address
academic and institutional stressors. Equip service providers
with the skills to effectively liaise with administration and
advocate for student wellbeing across campus systems rather
than work in isolation.”
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47.
However, before we proceed to pass some detailed directions on the
specific recommendations reproduced hereinabove, we require some
further assistance from the NTF which they may incorporate in their
final report. This is with a view to ensure that the painstaking exercise
conducted by the NTF and our resultant directions do not suffer from
the same problem that has already been identified i.e., that they do not
remain prescriptive without any mechanism for implementation. We
request the NTF to assist us in the following aspects:
i. Creation of a model SOP for periodic “well-being audits” which
may be conducted in HEIs. This would include aspects
delineating which authority/body of persons would be
empowered to conduct such an audit and their composition; the
parameters of evaluation including but not limited to compliance
with binding regulations and other measures necessary for
inclusive education, the effectiveness of complaint resolution by
the Anti-ragging Committee, Internal Complaints Committee,
Anti-discrimination Officer, and Student Grievance Redressal
Committee, infrastructural requirements etc.; post-audit feedback
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and necessary action to be taken by the HEIs including the
mechanism for ensuring compliance in case any non-compliance
is found; the overall scoring system or assessment methodology
of the audit including the consequences for HEIs who perform
poorly etc. Scores received in such audits may be directly
imported to reflect in the NAAC grading scale for the concerned
HEI.
ii.
Creation of a model SOP for faculty sensitisation and training
which may include the frequency at which such training must be
conducted; its scope in terms of including both faculty and non-
faculty members; the aspects or topics on which training would
be given; how the effectiveness of the training and its translation
into practice would be assessed etc.
iii. Creation of a model SOP for Mental Health Services which is to
be provided for students in HEIs. This would begin from
answering how gatekeeper training is to be provided to relevant
stakeholders; the infrastructural facilities along with expert
personnel requirements for mental health services which is to be
made available on campus; the remote provision of services
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through online video-conferencing; external-referral linkages,
whether they must be made free/subsidised and if so, to what
extent; rules of confidentiality and when they may be breached;
follow-up procedures; how the periodic and anonymized
feedback mechanisms which assess student satisfaction with the
mental health services offered must be conducted; how such
feedback would be incorporated in further provision of mental
health services; record keeping of wellness interventions, referrals
etc.; including a list of measures that can improve overall service
uptake by students and address the demand-side barriers etc.
48. The aforesaid would be in addition to the existing work of the NTF and
what they plan to incorporate in their final report.
49. What we wish to achieve through the aforesaid and also hope from the
NTF is that they suggest a model ‘Universal Design Framework’ or a
model ‘Suicide Prevention and Postvention Protocol’ or a model
‘Student well-being Protocol’ which cohesively and comprehensively
incorporates the aforementioned model SOPs, the existing guidelines
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on ragging, promotion of equity, sexual harassment, etc., and any other
relevant measures which they may consider necessary, into one single
guiding document. We would also request the NTF to leverage their
study of the existing laws, policies, guidelines and recommendations,
in this regard so that parallel bodies and mechanisms are not created
over and above those that already exist.
50. If any need be, it will be upon the statutory professional bodies and
sectoral organisations like UGC, All India Council for Technical
Education (for short, the “ AICTE” ), Indian Council of Agricultural
ICAR”
Research (for short, the “ ), Pharmacy Council of India (for short,
the “ PCI” ), Indian Nursing Council (for short, the “ INC” ), Dental
Council of India (for short, the “ DCI” ), Central Council of Indian
Medicine (for short, the “ CCIM” ), Council of Architecture (for short, the
“ COA” ), National Council for Teacher Education (for short , the
NCTE” NMC”
“ ), National Medical Commission (for short, the “ ), Bar
Council of India (for short, the “ BCI” ) etc. to incorporate additional
measures that address other specific issues which are unique to the
HEIs and technical institutes under their purview.
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51.
We wish to record and express our deepest gratitude towards the
Chairperson and all the members of the NTF for the resolute devotion
with which they have been working to address the issue of student
suicides in HEIs.
52. The Union of India and the respective State Governments shall make
sure that the directions given by us in paragraph 45 of this order are
communicated to all HEIs all over this country, at the earliest and
appropriate action is taken in this regard.
……..…….....................J.
[J.B. PARDIWALA]
……………...................J.
[R. MAHADEVAN]
New Delhi
15th January, 2026.
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