In February 2022, a 16-year-old Arvey Malhotra died by suicide in Faridabad. This was after they faced persistent bullying and harassment from their fellow students at a prominent private school in the city, fuelled by homophobia.
It took 10 months for the Faridabad police to file a chargesheet against the Principal and Academic Coordinator of the school. They were booked under Section 306 of the IPC for abetment of suicide as well as Section 21 the POCSO (protection of children from sexual offences) Act for failure to report or record a case.
The mother of the deceased child was a teacher at the same school, and she had emailed the school’s administration in September 2021, about the harassment that her child had been facing. However, no action was taken by the authorities, which led to the tragic suicide of the student.
The student themself had told their friends about being sexually harassed by a few others while in the washroom, when they were in Class 8. The late student had accused 9 fellow students, of whom only 3 had been named as the accused.
His mother urged the court to issue guidelines for schools to ensure the safety and wellbeing of queer students and to take necessary steps to prevent their harassment.
In turn, the Principal filed a plea to dismiss the FIR lodged against her, holding her accountable for the student’s suicide. On Friday, July 14, 2023, over a year after the child’s death, the Punjab and Haryana High Court quashed the plea, noting that the Principal had been in the know of the situation for at least 5 months before the student’s tragic death.
One also wonders if the Principal can solely be held responsible in a society where the need for comprehensive gender and sexuality education is routinely dismissed, and schools often function at the behest of several patrons as well as agents of power. Is it merely legal theatre or actual deliverance of justice if the Principal were to be held fully responsible and punished for the tragedy? Is there value in investigating why the Principal did not take action despite a parent/teacher making a complaint to them? What were the forces at play and how can they be addressed in terms of school management, curriculum, and pedagogy?
