High Court Refused to Quash FIR – Principal’s Failure to Report Harassment Leads to Student Suicide
Chandigarh, 14th July 2023: In a significant ruling, the High Court of Punjab and Haryana upheld the liability of a school Principal under the Protection of Children from Sexual Offences Act, 2022 (POCSO Act), after a young student’s suicide. The court dismissed the petition seeking the quashing of the FIR and other proceedings against the petitioner, the Principal of Delhi Public School, Greater Faridabad.
In the judgment delivered by Hon’ble Mr. Justice Harnaresh Singh Gill, the court observed, “The POCSO Act was enacted with the sole object of proper development of the child and to ensure that his or her right to privacy and confidentiality be protected and respected by every person through all stages of a judicial process involving the child.”
The tragic incident involved a young student from Class X-B, who took his own life allegedly due to harassment, bullying, and torture by his classmates at the school. The petitioner, being the overall incharge of the school, was informed of the alleged incidents but failed to report the matter to the police as required under the POCSO Act.
The court highlighted the obligation of all concerned individuals, including the school principal, to report any apprehension or knowledge of an offense under the Act to the police. It was emphasized that the petitioner’s attempts to resolve the issue internally did not absolve her from the legal duty to report such incidents immediately.
Justice Gill stated, “The occurrence in question preceded the alleged homophobic and transphobic bullying by the peers of the deceased child. The email was sent by the complainant to the petitioner on 23.09.2021, and due to the inaction on the part of the petitioner, the child committed suicide on 24.02.2022.”
The court further clarified that its observations were only for the purpose of the present petition and directed the trial court to proceed with the matter impartially, considering the evidence on record.
Date of Decision: 14th July 2023
Surjeet Khanna vs State of Haryana and another
