A Class 5 student’s ordeal lays bare child protection failures at a Srinagar school

Srinagar: A Class 5 student’s alleged ordeal of repeated sexual harassment, bullying, intimidation and death threats inside a Srinagar school has led the Child Welfare Committee (CWC), Srinagar, to conclude that the institution failed in its child protection responsibilities.

In an 18-page order, the committee directed the competent authority managing the school to transfer its principal, ordered an institutional inquiry into the handling of the case, directed the reinstatement of both children and issued a series of measures aimed at strengthening child safeguarding systems across the institution.

The proceedings arose after the CWC received information on June 2 alleging that a 10-year-old Class 5 student had been repeatedly subjected to sexual harassment, bullying, intimidation, inappropriate conduct and death threats by a Class 6 student within the school premises. Acting suo motu, the committee declared the child a Child in Need of Care and Protection (CNCP) and initiated proceedings to ascertain the facts and safeguard the interests of both children.

According to the complaint filed by the child’s father, the student remained silent for nearly a month before disclosing the alleged abuse. The family said they immediately approached the school authorities seeking intervention, but alleged that no timely action followed, leaving the child to suffer severe emotional and psychological trauma.

The child’s mother later told the committee that although the school administration advised the family to submit a formal complaint and assured them that the matter would be examined, they were never informed about the outcome of any inquiry or action taken. She further alleged that while seeking a discharge certificate, the family discovered that access to the child’s online academic portal had been discontinued without prior notice.

In its written response, the school denied receiving any prior complaint of sexual abuse before the committee intervened. It said an internal inquiry, initiated after receiving the parents’ complaint, found that a Class 6 student had shared the name of a pornographic website with the younger child. The school maintained that counselling, parental involvement and behavioural monitoring were initiated immediately and asserted that its inquiry did not reveal allegations amounting to sexual abuse under child protection laws.

The parents of the alleged child informed the committee that their son had admitted sharing the website after learning about it from another child. They also stated that he had subsequently been suspended from attending classes and a summer camp, while requesting that both children be rehabilitated through counselling instead of punitive measures.

After examining the statements of both families, the school’s response, counselling reports and the social investigation report, the committee concluded that the matter extended well beyond a disciplinary issue. It held that while both children required sustained psychological support, the school had failed to maintain an effective child protection framework capable of timely reporting, intervention and monitoring. Observing that schools stand in loco parentis (in the place of a parent), the committee said educational institutions owe a heightened duty of care to protect children from bullying, peer violence, sexual misconduct, psychological harm and all forms of abuse.

The committee further held that the material on record showed the school administration initiated remedial measures only after the CWC had taken cognisance of the matter. It found apparent negligence on the part of the principal in failing to ensure prompt reporting to the competent authorities and in not adopting appropriate safeguarding measures expected from the head of an educational institution. It also criticised the issuance of a transfer certificate to the victim child without first ensuring counselling, institutional support and adequate protective measures, observing that the move addressed the immediate consequence rather than the underlying child protection concerns.

Among its directions, the committee asked the competent authority managing the school to transfer the principal and ensure that, before heading any educational institution in future, he undergoes certified training in child rights, child protection, safeguarding standards and mandatory reporting obligations. It also directed the school management to conduct an independent inquiry to determine whether similar incidents involving bullying, peer abuse, sexual harassment or exposure to inappropriate material had occurred within the institution and to submit its report within 30 days.

The CWC further directed the school to strengthen its child protection framework by introducing robust anti-bullying measures, confidential complaint mechanisms, digital safety protocols and institutional safeguards. It ordered the safe reintegration of the victim child with continued counselling and psychosocial support, while also directing the immediate reinstatement of the alleged child. Observing that the latter was below 12 years of age at the relevant time, the committee held that criminal proceedings would neither be legally sustainable nor serve the child’s best interests and instead favoured continued counselling, behavioural therapy and parental supervision.

The committee also directed the Chief Education Officer, Srinagar, to ensure periodic child safeguarding audits in all recognised schools under its jurisdiction and sought a compliance report from the school within 15 days, warning that failure to comply would invite action in accordance with law.