Latest news with #VishakaGuidelines
New Indian Express
4 days ago
- New Indian Express
'Classrooms in turmoil': Supreme Court's 15 commandments to shield students from despair
Pressure of competitive exams India's education system, particularly its competitive examination framework, has long been associated with intense psychological pressure on students. The court said education has now been reduced to a 'high-stakes race', where students face relentless performance metrics, societal expectations, and institutional rigidity, often at the cost of their mental well-being. The 2022 NCRB data of 13,044 student suicides marks a significant rise from 5,425 student suicides in 2001, with a 99% increase in male student suicides and a 92% increase in female suicides over the past decade. Alarmingly, 2,248 of these deaths were directly attributed to examination failures. "In this paradigm, life becomes a series of tests, and failure is seen not as a part of growth but as a devastating end," said the bench. A catalyst for broader reforms The court quashed the Andhra Pradesh High Court's order and transferred the investigation of the student's death to the CBI. The court found compelling evidence of investigative failures, hasty probe by police, discrepancies in CCTV footage of the hostel building from where the girl fell off, medical negligence, forensic lapses, and conflict of interest. The same medical officer served as autopsy surgeon, chemical analyst, and inquiry committee member, compromising objectivity. The plea of the girl's father had argued that the authorities' failure to properly evaluate forensic samples from the deceased's body and their classification of the suspicious death as suicide was illegal, arbitrary, and totally unjustified. The high court in February 2024 disposed of his petition by stating that since there are two FIR registered in two different states — Andhra Pradesh and West Bengal (where the appellant is based) — the prayer seeking transfer of the case to CBI was beyond the jurisdiction of the high court. But the Supreme Court said these lapses justified transferring the investigation to the CBI to ensure impartiality and restore public confidence. The court emphasised that such transfers are exceptional but are warranted in cases of clear investigative failures. Addressing an epidemic The court then went proactive, issuing 15 interim guidelines under Articles 32 (enforcement of fundamental rights) and 141 (treating the court's pronouncement as law) of the Constitution to address the 'suicide epidemic.' The bench recalled how the judgment in the Vishaka versus State of Rajasthan addressed the legislative vacuum on sexual harassment in the workplace under Article 141, and is now "celebrated" as the 'Vishaka Guidelines'. Implementation and accountability The court directed all states and Union Territories to notify rules within two months for registering private coaching centres and enforcing these guidelines. District-level monitoring committees, chaired by District Magistrates, have been tasked to oversee compliance and handle complaints. The Union government must file a compliance affidavit within 90 days, detailing implementation steps and the status of the national Task Force on Mental Health, established earlier in Amit Kumar versus Union of India, 2025. This task force, led by Justice (Retd.) Ravindra Bhat, is working on formulating a comprehensive framework, and the court's latest guidelines are designed to complement its ongoing work. Implications and challenges The Supreme Court's order is a landmark step toward prioritising student mental health, recognising it as an integral part of the right to life under Article 21. By invoking international obligations, such as the International Covenant on Economic, Social and Cultural Rights and the WHO's Mental Health Action Plan, the court's order helps align India's approach to student suicides with global standards. The guidelines address both immediate needs (e.g., helplines, safety measures) and systemic issues (e.g., inclusivity, parental sensitisation), offering a holistic framework. However, implementation of these guidelines pose several challenges. India's education sector is vast and diverse. Smaller schools and coaching centres may struggle to appoint qualified counsellors or fund training programmes. The lack of trained mental health professionals — India has only 0.3 psychiatrists per 1,00,000 people, as per WHO estimates — could hinder compliance. Additionally, cultural stigma around mental health may deter students and parents from seeking help. The success of these guidelines will depend on robust enforcement, adequate funding, and public awareness campaigns. Conclusion The Supreme Court's speaking order has turned over a new leaf in addressing India's student suicide crisis. By linking an individual tragedy to systemic failures, the court has issued a clarion call for reform. The guidelines, rooted in constitutional and international mandates, aim to transform educational institutions into safe, supportive spaces. While the national Task Force's final recommendations are awaited, these interim measures provide a critical safety net. As India grapples with the loss of over 13,000 student lives annually, the judgment underscores a simple truth: education should nurture, not destroy, young minds. The onus now lies on governments, institutions, and society to translate these directives into meaningful action, ensuring no more lives are lost to despair
The Hindu
4 days ago
- Politics
- The Hindu
How do internal complaints committees work?
The story so far: A young student's self-immolation at a college in Balasore, Odisha has put the spotlight on the Internal Complaints Committee (ICC) which failed to validate her complaints of sexual harassment against her head of the department. The victim's family has claimed the members of the ICC were not trained adequately and that the environment in the college and within the ICC was biased in favour of the accused. What is the law behind the ICC? The Supreme Court first called for complaint committees to be set up in its 1997 judgment in response to a petition filed after Bhanwari Devi, a social worker in Rajasthan, was gang-raped when she tried to stop a child marriage. The Court provided basic definitions of sexual harassment in the workplace, and guidelines to combat it. Known as the Vishaka Guidelines, they called for an appropriate mechanism to be created by employers to ensure time bound treatment of complaints of sexual harassment. It said that the Complaints Committee should be headed by a woman, and include women as at least half its members, as well as a third party to prevent undue pressure from senior levels within the organisation. It was not until the Nirbhaya killing in Delhi in December 2012 that the provisions were actually written into law. One of the several legislations that were enacted was The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, often called the POSH Act, which superceded the Vishaka Guidelines. It mandated the constitution of ICCs at all workplaces which employed more than 10 people. Women working in smaller enterprises in the informal sector could complain to Local Committees to be set up by district authorities. What are the powers of an ICC? Each ICC is to be headed by a Presiding Officer, who is to be a woman employed at a senior level at the workplace. At least two members should be employees preferably committed to the cause of women or who have had experience in social work or have legal knowledge, and another member should be from an NGO devoted to women's rights or a person familiar with sexual harassment issues. At least half of the members should be women. Any aggrieved woman can complain in writing to the ICC or local committee within three months of the date of the harassment incident or series of incidents. The committee can help to settle the matter at the request of the woman or begin an inquiry into the complaint. The ICC has the same powers as are vested in a civil court under the Code of Civil Procedure. The inquiry is to be completed within 90 days. If the complaint is proved, the ICC must recommend the action to be taken against the accused. The employer is also required to aid the victim if she wishes to file a criminal complaint. The law mandates confidentiality regarding the contents of the complaint, the identity and addresses of the aggrieved woman, the respondent and witnesses, any information relating to conciliation and inquiry proceedings, and the recommendations of the ICC. What is the status of their implementation? In the decade since the law was passed, though ICCs have been set up in some institutions, their coverage is far from universal. In December 2024, the Supreme Court took stock of the 'sorry state of affairs', pointing out that it was 'disquieting' to note 'serious lapses' in the enforcement of the POSH Act. It directed immediate compliance within the government, and a survey of public and private organisations as well. 'This law was designed to be monitored, but who is doing it? District officers are supposed to collect annual reports on compliance and sexual harassment cases from the Local Committees and ICCs, but what is done with that material?' asks Madhu Mehra, a lawyer advocating for women's rights, and the founder of Partners for Law in Development. Ms. Mehra points out that while the Women and Child Development Ministry is the line Ministry for the POSH Act, it is the Labour Ministry and Industries Ministry that deal with workplaces and employers. 'Accountability is falling between the cracks. Where is the evidence-based analysis on how this law is functioning? It's a black hole.' She says the Balasore case shows that even where ICCs are in place, they are merely a 'dead letter' if there is insufficient training for members, if the power imbalance in a workplace is not addressed, and if there is no confidentiality being maintained. (Those in distress or having suicidal thoughts are encouraged to seek help and counselling by calling the helpline numbers here)
