Aarti Malhotra vs Union Of India And Ors

CRM-M-49060-2022 (O&M) 1
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH

__
CRM-M-49060-2022 (O&M)
Date of decision : 31.10.2026

Aarti Malhotra ...Petitioner
Versus
Union of India and others ...Respondents

CORAM: HON'BLE MRS. JUSTICE MANISHA BATRA

Present:- Mr. Arpandeep Narula, Advocate with
for the petitioner.

Mr. Dheeraj Jain, Senior Advocate with
Ms. Gurmeet Sagoo, Advocate
for respondent No.1-Union of India.

Mr. Prateek Gupta, Advocate
for respondent No.2-CBI.

Mr. Beant Singh Seemar, Advocate
for respondent No.3-CBSE.

Mr. Neeraj Poswal, AAG, Haryana
for respondents No.4 to 7.

Mr. A.D.S. Sukhija, Advocate (Amicus Curiae).

MANISHA BATRA, J. (Oral)

1. This petition has been filed under Section 482 of the Code of
Criminal Procedure, 1973 (in short 'Cr.P.C.') by the mother of a 16 year old
student, who ended his life on 24.02.2022, for issuance of directions to
entrust the investigation of case bearing FIR No.64 dated 25.02.2022
registered under Section 306 of IPC at Police Station BPTP, District
Faridabad (Annexure P-1) to the Central Bureau of Investigation (for short
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‘CBI’) and to monitor the investigation, and further for laying down
guidelines for sensitisation of the authorities and the educational institutions
to prevent harassment of students belonging to the LGBTQIA+ community
and for ensuring execution of such guidelines in the schools and colleges
across the country.
2. At the outset, it may be noted that the son of the petitioner was a
minor and the material on record contains allegations of sexual assault upon
him. Keeping in view the mandate of Section 23 of the Protection of Children
from Sexual Offences Act, 2012 (in short 'POCSO Act') , his name is not
being disclosed in this judgment and he is being referred to as 'the deceased
child'. For the same reason, the names of the students who are named in the
material on record, and who were minors at the relevant time, are also not
being mentioned.
3. Brief facts of the case as set up by the petitioner are that she is a
single mother. She was working as an Art teacher at Delhi Public School,
Sector 81, Greater Faridabad, since the year 2013. The deceased child was
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also admitted in the same school in Class 2 and he continued to study there
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till Class 10 . He was a bright student having an artistic bent of mind and he
wanted to become an artist and an accessory designer. According to the
petitioner, his artistic inclination was misunderstood by his peers as being
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effeminate. From Class 6 onwards, he was called with many humiliating
names and was also bullied and physically as well as sexually assaulted by a
group of students within the school premises. Some of these incidents find
mention in the voice recordings retrieved from his phone and in a handwritten
note prepared by him, in which he named the students concerned. Copies of
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CRM-M-49060-2022 (O&M) 3
the transcript of these recordings and the handwritten notes have been placed
on record as Annexures P-2, P-3 and P-5. It is further the case of the
petitioner that the deceased child was also subjected to cyber bullying
through fake social media accounts, screenshots of which are Annexure P-4.
4. As per the petitioner, the deceased child started suffering from
anxiety and panic attacks and he was treated at various hospitals at Faridabad
and Delhi. He was certified to be suffering from Specific Learning Disability
(Dyslexia) of more than 40% (Annexure P-7). On 18.08.2021, Ms. Jaya
Sukul of QRG Health City, Faridabad, certified that he was suffering from
Persistent Depressive Disorder and Panic Attack Disorder (Annexure P-11).
On 25.09.2021, she, as a Clinical Psychologist, certified that he was suffering
from Post Traumatic Stress Disorder due to sexual harassment and verbal and
emotional abuse by his peers. She also advised the school to take adequate
action in the matter (Annexure P-13). On 23.09.2021, the petitioner sent an e-
mail to the Principal of the school naming the students who had allegedly
abused, bullied and harassed her son (Annexure P-12). The case of the
petitioner is that the school authorities did not take any effective action on her
complaint. The Principal replied after more than a month that the main
students named by her had already left the school and there was no evidence
to take action against the other children, though the request for providing a
scribe to her son was accepted.
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5. It is the further case of the petitioner that during the Class 10
Board examinations held in February, 2022, no scribe was provided to the
deceased child in his first examination held on 16.02.2022. On the same day,
he informed the Headmistress through a message that he would drop the year
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CRM-M-49060-2022 (O&M) 4
as the school was not willing to help him (Annexure P-17). On 21.02.2022,
during the Science examination, the Headmistress allegedly kept pressing
him to attempt the numerical questions despite his condition. She allegedly
also told him that there was nothing like mental illness and that he and his
mother were taking undue advantage of his problems. On the evening of
24.02.2022, the deceased child jumped from the roof of the residential society
where they were living and died. He left behind a suicide note in which he
wrote that the school had killed him and he specifically named the
Headmistress and the higher authorities of the school (Annexure P-18).
6. On the statement of the petitioner, the FIR in question was
registered on 25.02.2022 under Section 306 IPC. The Headmistress was
arrested and she was granted regular bail by the learned Sessions Judge,
Faridabad, vide order dated 07.03.2022 (Annexure P-19). The petitioner
thereafter filed a petition before this Court for cancellation of that bail
(Annexures P-20 and P-21). As per the petitioner, a Special Investigation
Team was constituted on 05.03.2022 and she handed over the recordings and
other material to the police. On her representation, the offences under
Sections 6, 8, 18 and 21 of the POCSO Act were also added during
investigation. In the reply filed by the State in the anticipatory bail
application of the Principal of the school, it was stated that an offence under
Section 21 of the POCSO Act was prima facie made out against the Principal,
as she had dealt with the complaint dated 23.09.2021 on her own and had not
informed the police about it (Annexure P-23).
7. The grievance of the petitioner, as raised in this petition filed in
October, 2022, is that the investigation was being conducted in a casual and
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CRM-M-49060-2022 (O&M) 5
biased manner. She has also alleged that no recovery of mobile phones or
other electronic devices was effected from the accused and that the school
authorities have been proceeded against only under Section 21 of the POCSO
Act, which is a bailable offence, despite their omission amounting to
abetment under Section 16 of that Act. The petitioner has further submitted
that schools in India have become unsafe for children belonging to the
LGBTQIA+ community. As per the petitioner, there is no proper sensitisation
of teachers, counsellors and students, and appropriate guidelines need to be
laid down and enforced to prevent such harassment in future.
8. Notice of the petition was issued. A status report by way of
affidavit of the Assistant Commissioner of Police, Central Faridabad, has
been filed on behalf of respondents No.6 and 7. It is stated that after a
thorough investigation, the final report under Section 173 Cr.P.C. was
submitted in the trial Court on 06.12.2022. On this basis, it is prayed that the
petition has been rendered infructuous and is liable to be dismissed.
9. On 02.11.2023, learned Senior Counsel for the petitioner made a
statement before this Court that the petitioner does not press her prayer for
entrusting the investigation of the case to the CBI. However, she pressed the
other directions prayed for against the respondent-authorities. Mr. A.D.S.
Sukhija, Advocate, has been assisting the Court as Amicus Curiae.
10. In compliance of the notice issued on 20.01.2026, reply has been
filed on behalf of respondent No.1-Union of India through the Under
Secretary, Department of School Education and Literacy, Ministry of
Education. It is stated that the Ministry issued Guidelines on Safety and
Security of Children in Schools to all the States vide D.O. letter dated
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09.10.2014 (Annexure R-1). Further letters were issued on 01.09.2017 and
11.09.2017 for compliance of the directions of the Hon'ble Supreme Court on
school safety (Annexures R-2 and R-3). It is further stated that
comprehensive Guidelines on School Safety and Security were framed and
circulated to all the States and Union Territories on 01.10.2021 (Annexure R-
4). These guidelines contain an accountability framework, provisions on
psycho-social safety and the roles and responsibilities of the school
management and the students. The reply further refers to the training module
titled 'Integrating Transgender Persons Concerns in Schooling Processes'
developed by NCERT in May, 2025, and to the Manodarpan initiative. These
measures are stated to address the mental health and well-being of all
students, including those belonging to the LGBTQIA+ community.
Reference has also been made to the judgment of the Hon'ble Supreme Court
in Sukdeb Saha v. State of Andhra Pradesh and others, 2025 INSC 893 .
11. A short reply has also been filed on behalf of respondent No.3-
Central Board of Secondary Education (in short 'CBSE'). It is stated that
CBSE is an autonomous body whose primary mandate is to conduct
examinations at the secondary and senior secondary levels and to grant
affiliation to schools. It has no role in the investigation of criminal cases. The
affiliated schools are bound by its bye-laws and circulars, and CBSE has
issued guidelines from time to time for prevention of bullying and ragging in
schools, including Circular No.Acad-17/2015 dated 09.03.2015 (Annexure P-
15). It is prayed that CBSE is neither a necessary nor a proper party and its
name be deleted from the array of respondents.
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12. Learned counsel for the petitioner has argued that the deceased
child was subjected to sustained bullying, harassment and sexual assault in
the school over several years only on account of his perceived sexual
orientation and gender expression. The school authorities were repeatedly
informed about it through the petitioner, the counsellors and the treating
Psychologist. However, they did not take any timely or effective action and
instead blamed the child and his mother. The suicide note clearly reflects the
reason for which the child took the extreme step. The investigating agency
acted in a lackadaisical manner and delayed the filing of the final report. The
CCTV footage has not been preserved and the electronic devices of the
accused have not been seized. The role of the school authorities has been
diluted by invoking only Section 21 of the POCSO Act. In these
circumstances, the investigation needs to be monitored by this Court. Learned
counsel has further argued that the anti-bullying measures existing on paper
are not implemented in practice. They also do not specifically address the
vulnerability of children belonging to the LGBTQIA+ community. The
schools do not have adequate counsellors and no ratio of students to
counsellor has been prescribed. Teachers and counsellors are also not
sensitised to deal with such children. Reference has also been made to the
suggestions made in the petition regarding sensitisation, training of
counsellors and inclusion of suitable content in the curriculum. To buttress
the arguments, learned counsel has relied upon the authorities cited as Navtej
Singh Johar v. Union of India, (2018) 10 SCC 1 ; National Legal Services
Authority v. Union of India, (2014) 5 SCC 438 ; Justice K.S. Puttaswamy v.
Union of India, (2017) 10 SCC 1 ; Vishwa Jagriti Mission v. Central
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Government, (2001) 6 SCC 577 and Babubhai Jamnadas Patel v. State of
Gujarat, (2009) 9 SCC 610 .
13. Learned State counsel has argued that the investigation in the
case stands completed and the final report under Section 173 Cr.P.C. has
already been filed before the competent Court. The case is now at the stage of
trial. Thus, no direction for monitoring of the investigation is called for and
the petition has become infructuous. Learned counsel for respondent No.1-
Union of India has argued that a comprehensive framework for the safety,
security and mental well-being of students is already in place. It includes the
Guidelines on School Safety and Security, 2021, the NCERT training module
and the Manodarpan initiative. The guidelines issued by the Hon'ble Supreme
Court in Sukdeb Saha's case (supra) are also being implemented through the
States and Union Territories. Learned counsel for respondent No.3-CBSE has
argued, on the lines of its reply, that CBSE has already issued anti-bullying
guidelines to its affiliated schools and it has no role in a criminal
investigation. No relief can, thus, be claimed against it.
14. Learned Amicus Curiae has assisted the Court in examining the
issue in a great way.
15. This Court has heard the rival submissions at considerable
length, besides going through the material placed on record.
16. Before adverting to the prayers made in the petition, this Court
must note the circumstances in which this petition has been filed. A mother
has lost her only child, who was 16 years of age. As per the record, he had
been under treatment for depression, panic attacks and post traumatic stress
for several months before his death. The certificate of the treating
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CRM-M-49060-2022 (O&M) 9
Psychologist dated 25.09.2021 (Annexure P-13) had specifically advised the
school to take adequate action. Whether the persons arrayed as accused are
criminally liable for the death of the child is a matter which will be decided
by the competent Court on the basis of the evidence led before it. This Court
is, therefore, not expressing any opinion on that aspect. Nonetheless, the
material placed on record raises serious questions about the manner in which
complaints of bullying and harassment of a vulnerable child were dealt with
by the school. It is in this background that the remaining prayers of the
petitioner are being considered.
17. So far as the first prayer for transfer of the investigation to the
CBI is concerned, the same was given up by learned counsel for the petitioner
on 02.11.2023. Therefore, the said prayer is dismissed as not pressed. As a
consequence, nothing survives against respondent No.2-CBI.
18. The second prayer of the petitioner is for monitoring of the
investigation. As per the status report, the investigation stands completed and
the final report under Section 173 Cr.P.C. was filed before the competent
Court on 06.12.2022. It is settled law that once the charge-sheet is filed in the
competent Court, the process of monitoring of the investigation by the
superior Court comes to an end. Thereafter, it is the Court in which the
charge-sheet has been filed which has to deal with all matters relating to the
trial, including the matters falling within the scope of Section 173(8) Cr.P.C.
This principle was laid down in Vineet Narain v. Union of India, (1998) 1
SCC 226 and it was reiterated by the Hon'ble Supreme Court in Narmada
Bai v. State of Gujarat and others, (2011) 5 SCC 79 . The relevant part of the
judgment in Narmada Bai's case (supra) reads as under:-
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"(b) In Sushil Kumar Modi (supra), this Court observed that the
monitoring process in the High Court in respect of the particular
matter had come to an end with the filing of the charge-sheet in
the Special Court ... By relying on decision in Vineet Narain's
case (supra), this Court reiterated that once a charge-sheet is
filed in the competent court after completion of the
investigation, the process of monitoring by this Court for the
purpose of making the CBI and other investigating agencies
concerned perform their function of investigating into the
offences concerned comes to an end; and thereafter it is only
the court in which the charge-sheet is filed which is to deal
with all matters relating to the trial of the accused, including
matters falling within the scope of Section 173(8) of the
Code.
xxx xxx xxx
The above decisions make it clear that though this Court is
competent to entrust the investigation to any independent
agency, once the investigating agency complete their function of
investigating into the offences, it is the Court in which the
charge-sheet is filed which is to deal with all matters relating to
the trial of the accused including matters falling within the scope
of Section 173(8) of the Code. Thus, generally, this Court may
not require further monitoring of the case/investigation."
19. It is true that the inherent power of the High Court under Section
482 Cr.P.C. is not curtailed by Section 173(8) Cr.P.C. In an exceptional case,
the High Court may direct fresh investigation or re-investigation even after
the filing of the charge-sheet, if it is satisfied that the same is necessary to
secure the ends of justice. Reliance in this regard can be placed upon State of
Punjab v. Central Bureau of Investigation and others, (2011) 9 SCC 182 .
However, the Hon'ble Supreme Court cautioned in that very judgment that
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such power has to be exercised sparingly and only in extraordinary situations.
In the present case, the petitioner herself has not pressed her prayer for
investigation by an independent agency. Her remaining grievances relate to
the non-preservation of the CCTV footage, the non-seizure of the electronic
devices of the accused and the provisions of the POCSO Act under which the
school authorities ought to have been proceeded against. These are matters
which can be effectively raised before the trial Court. The power of the
Magistrate to direct further investigation remains available even after
cognizance has been taken, till the charges are framed. Reference can be
made to an authoritative pronouncement of a three-Judge Bench of the
Hon'ble Supreme Court in Vinubhai Haribhai Malaviya and others v. State
of Gujarat and another, (2019) 17 SCC 1 . The relevant observations read as
under:-
"38. ... What is not given any importance at all in the recent
judgments of this Court is Article 21 of the Constitution and the
fact that the Article demands no less than a fair and just
investigation. To say that a fair and just investigation would lead
to the conclusion that the police retain the power, subject, of
course, to the Magistrate's nod under Section 173(8) to further
investigate an offence till charges are framed, but that the
supervisory jurisdiction of the Magistrate suddenly ceases mid-
way through the pre-trial proceedings, would amount to a
travesty of justice, as certain cases may cry out for further
investigation so that an innocent person is not wrongly arraigned
as an accused or that a prima facie guilty person is not so left
out. There is no warrant for such a narrow and restrictive
view of the powers of the Magistrate, particularly when such
powers are traceable to Section 156(3) read with Section
156(1), Section 2(h), and Section 173(8) of the CrPC, as has
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CRM-M-49060-2022 (O&M) 12
been noticed hereinabove, and would be available at all
stages of the progress of a criminal case before the trial
actually commences. ..."
20. In view of the above position of law, the prayer for monitoring
of the investigation has been rendered infructuous. However, the petitioner,
being the mother of the victim and the informant, is at liberty to raise her
grievances regarding the deficiencies in the investigation before the
competent Court.
21. The remaining prayers of the petitioner are for laying down
guidelines for sensitisation of the authorities and the educational institutions,
so as to prevent harassment of students belonging to the LGBTQIA+
community, and for ensuring execution of such guidelines in the schools and
colleges across the country. This Court is conscious of the fact that the
inherent power under Section 482 Cr.P.C. is meant to give effect to an order
under the Code, to prevent the abuse of the process of any Court or otherwise
to secure the ends of justice. It is not a power to frame policy for the
educational institutions of the entire country. Many of the institutions to
which such guidelines would apply are not before this Court. A large number
of them are also situated beyond the territorial jurisdiction of this Court. The
specific suggestions made in the petition, such as gender-neutral washrooms,
a gender-neutral uniform code and the inclusion of particular chapters in
textbooks, are matters of educational policy. These fall within the domain of
the executive and the expert bodies concerned. Nonetheless, the issue raised
by the petitioner relates to the right to life and dignity of school children
under Article 21 of the Constitution of India. Hence, it would be appropriate
to examine whether there is any vacuum in this field which needs to be filled.
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CRM-M-49060-2022 (O&M) 13
22. A perusal of the record shows that the field is not unoccupied.
CBSE has issued Circular No.Acad-17/2015 dated 09.03.2015 to the heads of
all its affiliated institutions on prevention of bullying and ragging in schools
(Annexure P-15). It defines bullying to include verbal abuse, unwanted
attention and advances, spreading of malicious rumours and cyber-bullying.
It requires the constitution of an Anti-Bullying Committee in every school
and provides for counsellors and a confidential reporting system. It also
prescribes a graded system of action against the students found guilty of
bullying. Paragraph 2 of the said circular, which is relevant, reads as under:-
"2. Schools must create an amiable environment and positive
school climate where learning can take place peacefully. They
must build a trusting, respectful relationship among students,
school administration and families. They should provide a
confidential way for students to report about any incident
which is of concern to them. Structures and procedures must
be established to provide accessible, confidential, secure and
effective means of reporting incidents of bullying, for victims
and for bystanders who are aware of it taking place and to
identify and manage incidents of bullying, including
appropriate counselling and sanctions/punishments on those
engaged in bullying. An Anti-Bullying Committee may be
constituted in school , comprising of Vice-Principal, a Senior
teacher, School Doctor, Counsellor, PTA representative, School
Management representative, Legal representative, Peer
Educators etc whose roles and responsibilities would include: ..."
23. Apart from this, the Union of India has placed on record the
Guidelines on Safety and Security of Children in Schools circulated in the
year 2014 (Annexure R-1) and the Guidelines on School Safety and Security
circulated on 01.10.2021 (Annexure R-4). The latter fix the accountability of
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the school management in matters of safety and security of children studying
in government, government-aided and private schools. They also deal with
psycho-social safety and the roles and responsibilities of the school
management and the students. The NCERT training module of May, 2025
and the Manodarpan initiative are also stated to address the specific concerns
of transgender students and of students belonging to the LGBTQIA+
community.
24. More importantly, during the pendency of this petition, the
Hon'ble Supreme Court in Sukdeb Saha's case (supra) took note of the
growing crisis of student suicides in the country. The Hon'ble Supreme Court
held that there is a legislative and regulatory vacuum with respect to a unified
and enforceable framework for prevention of suicides of students in
educational institutions. Following the course adopted in Vishaka v. State of
Rajasthan, (1997) 6 SCC 241 , the Hon'ble Supreme Court issued binding
guidelines under Article 32 of the Constitution of India. These guidelines
were directed to operate as law declared under Article 141 until appropriate
legislation or regulatory framework is enacted. The relevant part of the
judgment reads as under:-
"35. Keeping in view of the above, and in exercise of the powers
conferred upon this Court under Article 32 of the Constitution of
India for the enforcement of fundamental rights, and treating this
pronouncement as law declared by this Court under Article 141,
we hereby issue the following guidelines, which shall remain
in force and be binding until such time as appropriate
legislation or regulatory frameworks are enacted by the
competent authority. The Guidelines are prescribed as under:
xxx xxx xxx
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II. All educational institutions with 100 or more enrolled
students shall appoint/engage at least one qualified
counsellor, psychologist, or social worker with demonstrable
training in child and adolescent mental health. Institutions
with fewer students shall establish formal referral linkages with
external mental health professionals.
III. All educational institutions shall ensure optimal student-to-
counsellor ratios. Dedicated mentors or counsellors shall be
assigned to smaller batches of students, especially during
examination periods and academic transitions, to provide
consistent, informal, and confidential support.
xxx xxx xxx
VII. All educational institutions shall ensure that all
teaching, non-teaching, and administrative staff are
adequately trained to engage with students from vulnerable
and marginalised backgrounds in a sensitive, inclusive, and
non-discriminatory manner. This shall include, but not be
limited to, students belonging to Scheduled Castes (SC),
Scheduled Tribes (ST), Other Backward Classes (OBC),
Economically Weaker Sections (EWS), LGBTQ+
communities , students with disabilities, those in out-of-home
care, and students affected by bereavement, trauma, or prior
suicide attempts, or intersecting form of marginalisation.
VIII. All educational institutions shall establish robust,
confidential, and accessible mechanisms for the reporting,
redressal, and prevention of incidents involving sexual
assault, harassment, ragging, and bullying on the basis of
caste, class, gender, sexual orientation, disability, religion, or
ethnicity. Every such institution shall constitute an internal
committee or designated authority empowered to take immediate
action on complaints and provide psycho-social support to
victims. Institutions shall also maintain zero tolerance for
retaliatory actions against complainants or whistle-blowers. In
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all such cases, immediate referral to trained mental health
professionals must be ensured, and the student's safety, physical
and psychological, shall be prioritised. Failure to take timely
or adequate action in such cases, especially where such
neglect contributes to a student's self-harm or suicide, shall
be treated as institutional culpability, making the
administration liable to regulatory and legal consequences.
xxx xxx xxx
X. All educational institutions shall maintain anonymised
records and prepare an annual report indicating the number of
wellness interventions, student referrals, training sessions, and
mental health-related activities. This report shall be submitted to
the relevant regulatory authority, which may be the State
Education Department, University Grants Commission (UGC),
All India Council for Technical Education (AICTE), Central
Board of Secondary Education (CBSE), or as otherwise
indicated.
xxx xxx xxx
36. The above guidelines shall apply to all educational
institutions across India, including public and private
schools, colleges, universities, training centres, coaching
institutes, residential academies, and hostels, irrespective of
their affiliation. ..."
25. A bare perusal of the above guidelines shows that the very
concerns raised by the petitioner in this petition have now been addressed by
the Hon'ble Supreme Court. Guideline VII mandates training of all staff to
deal sensitively and without discrimination with vulnerable students,
expressly including students belonging to LGBTQ+ communities. Guideline
VIII mandates a confidential mechanism and an internal committee in every
educational institution for redressal of bullying and harassment on the basis
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of gender and sexual orientation. It further provides that institutional neglect
contributing to self-harm or suicide of a student shall be treated as
institutional culpability. Guidelines II and III deal with the appointment of
qualified counsellors and the maintenance of optimal student-to-counsellor
ratios. This was precisely the grievance raised by the petitioner in grounds
AA and BB of the petition. These guidelines are binding on all educational
institutions across the country, irrespective of their affiliation. Therefore, they
cover the second limb of the prayer of the petitioner as well.
26. In view of the binding guidelines of the Hon'ble Supreme Court
holding the field, no useful purpose would be served by this Court laying
down a separate set of guidelines on the same subject. Rather, a parallel set of
guidelines issued by this Court may create confusion in their implementation.
Any further policy measure, beyond what has been laid down by the Hon'ble
Supreme Court and by the competent authorities, is a matter for the executive
and the expert bodies to consider. Therefore, the prayer for framing fresh
guidelines cannot be accepted.
27. At the same time, the facts of the present case show that
guidelines which remain on paper offer little protection to a child in distress.
The CBSE circular of the year 2015 was in force throughout the period
during which the deceased child is alleged to have suffered. As per the
record, the school was informed about his condition by his mother and by his
treating Psychologist. The real issue, therefore, is the effective
implementation of the existing guidelines at the level of the schools.
Respondent No.5-Department of School Education, Haryana, is the authority
responsible for the schools functioning in the State of Haryana. Respondent
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CRM-M-49060-2022 (O&M) 18
No.3-CBSE is the authority which grants affiliation to schools such as the
one in question, and it is one of the regulatory authorities to which the annual
reports under Guideline X are to be submitted. Directions to these
respondents to ensure compliance of the binding law already declared by the
Hon'ble Supreme Court do not amount to framing any new policy. Such
directions only secure the ends of justice and give effect to the right of
children to a safe school environment under Article 21 of the Constitution of
India. For the same reason, the prayer of CBSE for deletion of its name from
the array of respondents does not merit acceptance.
28. Similarly, respondent No.1-Union of India is the authority which
has framed and circulated the national guidelines on school safety to all the
States and Union Territories. The suggestions made by the petitioner in
grounds BB and KK of the petition relate to the counsellor-student ratio,
training of counsellors to deal with children of the LGBTQIA+ spectrum and
sensitisation through the curriculum. These suggestions deserve to be
considered by the said respondent in consultation with NCERT.
29. In view of the above discussion, this Court deems it appropriate
to dispose of this in the following terms:-
(i) The prayer for entrusting the investigation of FIR No.64 dated
25.02.2022 registered under Section 306 IPC at Police Station
BPTP, District Faridabad, to the Central Bureau of Investigation
is dismissed as not pressed.
(ii) The prayer for monitoring of the investigation is dismissed as
having been rendered infructuous, as the final report under
Section 173 Cr.P.C. has already been filed. However, the
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CRM-M-49060-2022 (O&M) 19
petitioner shall be at liberty to raise her grievances regarding the
deficiencies in the investigation before the competent Court by
way of an appropriate application in accordance with law. If any
such application is moved, the same shall be considered and
decided on its own merits.
(iii) Respondent No.5-Department of School Education, Haryana,
through the District Education Officers, shall ensure that all the
schools functioning in the State of Haryana, irrespective of their
affiliation, comply with the guidelines laid down by the Hon'ble
Supreme Court in Sukdeb Saha's case (supra) , particularly
Guidelines II, III, VII, VIII and X, and with the Guidelines on
School Safety and Security, 2021. In particular, it shall be
ensured that the mechanism and the internal committee in every
school expressly cover complaints of bullying and harassment
on the basis of gender, gender identity and sexual orientation. It
shall further be ensured that such complaints are dealt with
promptly and confidentially, and that the cases in which a
cognizable offence is disclosed are reported to the police as
required by law. The needful be done within a period of three
months from the date of receipt of a certified copy of this
judgment.
(iv) Respondent No.3-CBSE shall issue appropriate instructions to
its affiliated schools situated within the territorial jurisdiction of
this Court for strict compliance of its Circular No.Acad-17/2015
dated 09.03.2015 and of the guidelines laid down in Sukdeb
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CRM-M-49060-2022 (O&M) 20
Saha's case (supra) . It shall also ensure that the annual reports
required to be submitted to it under Guideline X are called for and
duly scrutinised, and that appropriate action is taken in accordance
with its bye-laws in case of non-compliance. The needful be done
within a period of three months from the date of receipt of a
certified copy of this judgment.
(v) Respondent No.1-Union of India shall treat this petition, and
particularly the suggestions made in grounds BB and KK thereof,
as a representation of the petitioner. The same shall be considered
in consultation with the National Council of Educational Research
and Training, and an appropriate decision shall be taken by a
speaking order within a period of six months from the date of
receipt of a certified copy of this judgment. The decision so taken
shall be communicated to the petitioner.
(vi) The identity of the deceased child and of the students named in the
record, who were minors at the relevant time, shall not be disclosed
in any record of this case made available to the public.
30. It is clarified that nothing observed hereinabove shall be construed
as an expression of opinion on the merits of the case arising out of FIR No.64
dated 25.02.2022. The trial Court shall decide the same on the basis of the
evidence led before it, without being influenced by any observation made in this
judgment.


31.10.2026 (MANISHA BATRA)
Waseem R. Ansari Waseem R. Ansari Waseem R. Ansari Waseem R. Ansari
JUDGE

Whether speaking/reasoned Yes/No

Whether reportable Yes/No

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