Schools must address bullying based on gender identity, sexual orientation: High Court

The order makes protection from bullying a working duty, not just a written policy. Haryana’s School Education Department and CBSE must ensure schools follow the Supreme Court’s Sukdeb Saha guidelines. Every school’s internal mechanism must cover harassment linked to gender identity, and sexual orientation.

The court also required schools to deal with complaints promptly and confidentially. If a complaint reveals a cognisable offence, it must be reported to police as required by law. CBSE must collect and scrutinise schools’ annual reports and act under its bye-laws when schools do not comply.

The directions followed a petition by the mother of a 16-year-old Faridabad student who died in 2022. The court said existing guidelines offer little protection when they remain on paper. Its focus is therefore effective implementation across all schools within its territorial jurisdiction.

The High Court’s direction has broad reach. It applies to all schools situated within the court’s territorial jurisdiction, rather than only the prominent Faridabad school connected with the petition. The Department of School Education, Haryana, and CBSE must ensure compliance across those schools.

This means every school must have a mechanism and internal committee that can receive complaints involving bullying or harassment based on gender identity, and sexual orientation. The same schools must follow requirements for prompt, confidential handling and police reporting when a cognisable offence is disclosed.

The wider order reflects the court’s concern that written safeguards may fail children if schools do not implement them. CBSE must call for and scrutinise required annual reports. It must also take action under its bye-laws when schools do not comply, extending accountability beyond the individual case.

Bullying or harassment based on gender identity or sexual orientation means repeated or serious mistreatment directed at someone because of how they identify, or whom they are attracted to. It can include insults, exclusion, threats, humiliation, physical attacks, or sexual abuse. These behaviours attack a student’s identity rather than addressing a school-related disagreement.

The article gives a concrete example. A 16-year-old boy’s artistic inclination was misunderstood by peers as effeminate. According to the petition, a group of students bullied him and physically and sexually assaulted him on school premises. The case shows how stereotypes can become dangerous conduct.

The High Court required school mechanisms to cover such complaints explicitly. The article does not provide a formal legal definition of this type of harassment, but it makes clear that schools must address bullying linked to gender identity, and sexual orientation, including LGBTQIA+-related harassment.

Every school’s internal committee must handle these complaints because bullying linked to identity can cause serious harm and may involve offences. The High Court said schools need mechanisms that respond to gender identity, and sexual orientation complaints. This makes responsibility clear when a student or family reports harassment.

The case shows why this matters. The mother of a 16-year-old boy and his treating psychologist informed the school about his condition, according to the record. The petition alleged that peers had bullied and physically and sexually assaulted him after misreading his artistic inclination as effeminate.

The court’s central concern was implementation. It said existing guidelines offer little protection when they remain on paper. A functioning committee can receive complaints, maintain confidentiality, act promptly, and escalate cases that disclose cognisable offences. CBSE oversight and annual-report scrutiny are intended to reinforce that process.

When a complaint reveals a cognisable offence, the school must report it to the police. The High Court expressly directed the Haryana School Education Department to ensure that schools follow this requirement. Internal committees may receive and assess complaints, but they cannot replace the legal process for serious alleged offences.

The order also requires complaints to be handled promptly and confidentially. That helps prevent delay and limits unnecessary disclosure while the matter is addressed. The article’s case involved allegations of bullying and physical and sexual assault by students on school premises, showing why some complaints may require police involvement.

Police reporting is required by law, according to the court. It creates a formal route for investigating conduct that may constitute a cognisable offence. Schools must therefore recognise when a complaint crosses that threshold, report it, and avoid treating serious harm as only a disciplinary or counselling matter.

The article does not list every provision of the Supreme Court’s Sukdeb Saha guidelines. It says the Supreme Court had addressed the growing crisis of student deaths and that its guidelines were binding. The guidelines also require schools to submit annual reports to CBSE, which must call for and scrutinise them.

The High Court declined to create a fresh set of guidelines. It said the existing Supreme Court directions already covered the subject, so separate rules would serve no useful purpose. The case instead exposed a gap between having safeguards and applying them when a child is in distress.

The court therefore focused on enforcement. It directed Haryana and CBSE to ensure compliance, required internal mechanisms to cover identity-based harassment, and told authorities to act on non-compliance. This approach makes schools answerable for putting existing protections into practice rather than adding another layer of rules.

Schools are expected to notice distress, receive complaints, and respond quickly and confidentially. Their internal mechanisms must cover bullying and harassment based on gender identity, and sexual orientation. The purpose is to intervene before harm worsens and to ensure that a child’s report is not ignored.

In this case, the mother and the treating psychologist reportedly informed the school about the 16-year-old’s condition. The petition alleged bullying and physical and sexual assault by students. The court said these facts showed that guidelines on paper offer little protection unless school staff put them into action.

Education departments must ensure schools follow the directions. CBSE must collect and scrutinise annual reports and act under its bye-laws when schools fail to comply. Complaints revealing cognisable offences must go to police. The article also points distressed people toward helplines and counselling, reinforcing the need for support alongside accountability.