Srinagar, Jul 5: In the latest development, the Child Welfare Committee (CWC), Srinagar, has held a Srinagar private school responsible for “negligence and omission” in handling the alleged sexual harassment, bullying and intimidation of a 10-year-old student.
The CWC has issued directions for the transfer of the school’s Principal and ordered sweeping reforms in child safeguarding mechanisms.
In its 26-page order, the CWC has said that the school’s response exposed “significant deficiencies in institutional child protection and safeguarding mechanisms” after a Class 5 student was allegedly subjected to repeated sexual harassment, bullying and death threats by a Class 6 student within the school premises.
The CWC Bench, headed by Dr Khair Ul Nisa along with members Nuzhat Un Nisa and Beenish Kazmi, also ordered a comprehensive child safety audit of all recognised schools in Srinagar besides directing mandatory training for school heads and staff on child rights, safeguarding and reporting obligations.
The Committee had taken suo motu cognisance of the matter on June 2 after receiving information about repeated sexual harassment, intimidation and threats against the 10-year-old student.
The child was subsequently declared a “Child in Need of Care and Protection” under the provisions of the Juvenile Justice (Care and Protection of Children) Act, 2015.
As per the CWC order, the child’s father informed the Committee that the abuse continued for nearly a month because the victim was too frightened to disclose it.
Although the parents alerted the school and sought immediate intervention, they alleged that no timely action was taken, resulting in severe emotional and psychological trauma to the child.
The child’s mother later told the committee that her son had disclosed incidents of inappropriate conduct, coercion, physical violence and threats aimed at preventing him from reporting the matter.
The school, however, denied receiving any prior complaint of sexual harassment.
The school, however, admitted receiving an email from the parents on May 23 seeking withdrawal of the child from the school due to emotional distress and said that an internal inquiry was initiated only after the intervention of CWC.
According to the school’s inquiry, a Class 6 student had shared the name of a pornographic website with the victim after learning about it from a younger cousin.
The content was allegedly viewed on the mother’s mobile phone during an examination.
The Principal reportedly described the matter as sharing of inappropriate online content rather than sexual abuse.
Rejecting the school’s approach, the CWC observed that remedial measures were initiated only after it took cognisance of the case.
“It is evident that the child disclosed repeated incidents of sexual harassment, bullying, intimidation and psychological trauma resulting in fear of attending school,” CWC observed.
The CWC further said that issuing a transfer certificate without ensuring counselling, psychosocial support and protective measures reflected an attempt to address the immediate consequence rather than ensuring accountability and addressing the root cause of the problem.
The Committee said that schools function in loco parentis and therefore carry a heightened responsibility to protect children not only from academic harm but also from bullying, peer violence, sexual misconduct and psychological abuse.
While considering action against the alleged accused student, the CWC noted that the child was below 12 years of age and therefore entitled to the legal presumption under Section 21 of the Bharatiya Nyaya Sanhita that children below 12 cannot commit an offence.
Taking into account the wishes of both families, who sought counselling rather than criminal proceedings, the Committee adopted a “child-centric, reformative and protective” approach guided by the principles of the Juvenile Justice Act.
Counselling reports submitted before the Committee indicated that the victim requires sustained trauma counselling, while the accused child needs structured psychological intervention, parental supervision and behavioural monitoring.
Among its major directions, the CWC ordered the immediate transfer of the present Principal and directed that he should not be posted in any educational institution in future without first undergoing certified training on child rights, the Protection of Children from Sexual Offences (POCSO) Act, safeguarding standards and mandatory reporting procedures.
The school management has also been directed to establish a comprehensive Child Protection Policy incorporating anti-bullying measures, confidential complaint mechanisms, digital safety protocols, regular risk assessments and continuous monitoring.
The Committee ordered an independent inquiry into previous incidents of bullying, sexual harassment and peer abuse within the school and directed that the report be submitted within 30 days.
It further directed that all future incidents involving child abuse, sexual misconduct or bullying must be immediately reported to statutory authorities under the Juvenile Justice Act and the POCSO Act.
The CWC also mandated structured training for all teachers, counsellors and administrators dealing with student welfare, while directing the school to facilitate the victim’s safe reintegration with adequate psychosocial support and protection against victimisation.
The accused child has been directed to undergo counselling at IMHANS, Badamwari, while the victim will continue trauma-informed counselling under a designated counsellor.
The Committee also ordered the immediate reinstatement of the accused child, observing that no child should be deprived of the right to education and that the dignity and confidentiality of both children must be protected.
Also, the Chief Education Officer, Srinagar, has been directed to conduct periodic child safeguarding audits in all recognised schools in the district and submit a compliance report within 15 days.
The District Child Protection Unit has been tasked with monitoring compliance.
The Committee has also ordered continued monitoring of compliance through the District Child Protection Unit, Srinagar.
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