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by sayum
16 January 2026 7:28 AM
“HEIs Cannot Escape Legal Accountability for Student Suicides”, In a far-reaching and urgently needed judgment delivered on 15 January 2026, the Supreme Court of India, in the case of Amit Kumar & Ors. vs Union of India & Ors., laid down binding constitutional directions to address the growing crisis of student suicides across Higher Educational Institutions (HEIs). Drawing upon the plenary powers under Article 142 of the Constitution, the Court declared that “student suicide cannot be seen in isolation from the institutional ecosystem which breeds silence, inequity, and distress”.
A Bench of Justice J.B. Pardiwala and Justice R. Mahadevan held that educational institutions have a non-delegable legal and moral duty to maintain environments that are “safe, inclusive, and supportive”, and can no longer “escape institutional responsibility by individualising blame” in suicide cases.
Quoting unequivocally, the Court held: “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. This predisposition to shift the blame ignores the institutionally normalised stressors that may have had a contributory effect.”
“Mental Health Governance Cannot Be Symbolic or Prescriptive – It Must Be Enforceable”: Article 142 Invoked to Impose Structural Duties on HEIs
The Court noted that student suicide is merely the “visible tip of a much larger iceberg of student distress”, and institutional apathy has only exacerbated it. In a direct constitutional intervention, the Bench issued binding directions under Article 142, mandating that every HEI report any suicide or unnatural death immediately to police, regardless of whether it occurred on or off-campus.
The Court observed: “We had earlier clarified the law as regards the mandatory registration of an F.I.R. in the event of disclosure of a cognizable offence and reminded the administration of every educational institution that it is their unequivocal moral and legal obligation to promptly lodge an F.I.R. if a student suicide occurs.”
Further, the Court ordered that annual data on student suicides must be submitted to the UGC and regulatory bodies, and that the NCRB must segregate data between school-going and higher education students to reflect the gravity of suicides in the 15–29 age bracket.
“Access to Education Is Meaningless Without Support Systems”: Supreme Court Recognises Structural Inequalities as Legal Stressors
In a groundbreaking articulation, the Court recognised that students from SC/ST/OBC, PwD, transgender, rural, and non-English speaking backgrounds face disproportionate burdens due to systemic neglect and tokenism. The judgment categorically held that:
“Affirmative action cannot stop at entry. Inclusion must be substantive and institutionalised, not symbolic.”
Referring to the mandatory Equal Opportunity Cells (EOCs) and Internal Complaints Committees (ICCs), the Court lamented their ineffectiveness:
“These bodies may exist, but they lack independence. They are often perceived to favour aggressors. Cases are suppressed, and students are discouraged from seeking redressal due to fears of academic or social backlash.”
The Court observed that real inclusion requires representative faculty, functional grievance redressal, infrastructural accessibility, and community-building measures that foster emotional safety—not merely legal compliance on paper.
“Institutional Culture Cannot Be Designed to Exhaust Students”: SC Recognises Academic Rigour as a Legal Stressor if Left Unregulated
Refusing to treat academic distress as a private or subjective matter, the Court acknowledged that the competitive, isolating, and hyper-demanding culture in many institutions—especially in medical, engineering, and PhD programmes—is a structural cause of psychological breakdowns.
The Court remarked: “Students spoke of being exceptional in school, only to be drowned in an ocean of over-achievers in college. This, compounded with hyper-competitive institutional cultures, creates a toxic ecosystem that breeds anxiety, isolation, and depression.”
Testimonies cited by the National Task Force revealed exploitative norms like overburdened schedules, lack of supervision, faculty shortages, and non-transparent placement systems, which the Court identified as legally actionable failings of the institution.
“Where institutional spaces have no room for camaraderie or social belonging, all students suffer. But those from disadvantaged backgrounds suffer even more,” the Court observed.
“Mental Health Services Cannot Be Ad Hoc or Perfunctory – They Must Be Student-Centric and Confidential”: SC Orders Overhaul of Campus Mental Health Infrastructure
In what may become a cornerstone of mental health jurisprudence in India, the Court held that HEIs must ensure the presence of trained Mental Health Service Providers (MHSPs) and cannot replace them with untrained faculty.
“The current practice of labelling faculty members from diverse academic disciplines as counsellors—without standardised training or supervision—creates a misleading impression about the availability of mental health services,” the Court stated.
Quoting the findings of the NTF, the Court noted that 65% of institutions lack any access to MHSPs, and 73% have no full-time mental health professionals on campus. It held that:
“Mental health services must be professional, student-centric, and confidentiality-driven. They must not exist merely to check a box or defend the institution’s public image.”
“No Student Shall Be Penalised for Administrative Delay in Scholarships”: Supreme Court Bans HEIs from Withholding Degrees or Examinations
The Court pulled up HEIs for punishing students due to delays in scholarship disbursals, observing that institutional policies must not shift the burden of government inefficiencies onto the student.
“Even in cases of unavoidable administrative delay, HEIs must not make the student recipients accountable for paying 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 delayed disbursal of scholarships.”
Such practices, the Court declared, would now invite strict judicial scrutiny.
“Laws Exist But Enforcement Is a Mirage”: Court Calls Out Weak Implementation of UGC and National Policies
The Court noted that multiple UGC regulations and national policies—including the Mental Healthcare Act, 2017, the Rights of Persons with Disabilities Act, 2016, and NEP 2020—already envision inclusive education. However, the Court condemned the lack of enforceability and absence of compliance mechanisms, stating:
“What we noticed is that while policies exist, they remain scattered across documents, devoid of implementation roadmaps or accountability frameworks. They remain prescriptive and abstract, without enforcement.”
The Court made it clear that non-compliance will now carry legal consequences.
“Preventive Governance Must Be Measurable and Enforceable”: SC Calls for National Framework on Student Well-being
To avoid repeating the fate of earlier guidelines, the Court directed the National Task Force to formulate a comprehensive “Student Well-being Framework”, incorporating:
“We do not want our directions to remain prescriptive without implementation. We want every HEI in the country to be put on notice—that non-compliance will no longer be ignored,” the Court warned.
A Constitutional Milestone for Student Rights and Institutional Accountability
In what may emerge as a landmark precedent in Indian constitutional jurisprudence, the Supreme Court has squarely shifted the discourse from individual blame to institutional accountability, recognising mental health as a legal entitlement, not merely a public health concern.
“Youth and young adulthood are recognised as vulnerable phases. Our institutions must reflect that vulnerability in their design, not suppress it with silence and indifference,” the Court said.
By placing binding responsibilities on HEIs and directing the Union and State Governments to ensure compliance, the Court has paved the way for a fundamental shift in how we approach student distress, suicide, and well-being in educational spaces.
Date of Decision: 15 January 2026