NHRC takes action in Delhi student's assault case

The National Human Rights Commission (NHRC) of India has initiated suo motu cognizance following a distressing incident reported by the media about a student of a government school in Delhi allegedly subjected to severe physical assault by his teacher, necessitating hospitalisation. The student's parents have lodged a First Information Report (FIR) regarding the incident. However, no arrests have been made by the police. 

The NHRC's concern stems from the apparent continuation of corporal punishment despite existing legislation to prevent it. This persistent issue raises alarm about the violation of human rights. Consequently, the NHRC has issued notices to the Chief Secretary of the Government of the National Capital Territory (NCT) of Delhi and the Commissioner of Police in Delhi, demanding a comprehensive report within four weeks.

The report requested by the NHRC is expected to encompass several crucial aspects of the incident, including details about the actions taken against the responsible teacher, the current status of the FIR, the health condition of the victimised student, and any compensation provided to the affected family. Additionally, the commission seeks information about preventive measures to avert such incidents in the future.

Highlighting the legal framework supporting its intervention, the NHRC referred to the National Policy for Children 2013, which explicitly bars subjecting children to physical punishment or mental harassment in the context of education. Moreover, section 17(1) of the Right of Children to Free and Compulsory Education Act, 2009, specifically prohibits the mental harassment or physical punishment of children. Such cruelty is classified as a penal offence under section 75 of the Juvenile Justice (Care and Protection of Children) Act, 2015.

According to the report published on August 16, 2023, the victim's father alleged that the teacher slapped and forcefully twisted the student's neck. The student remained silent about the incident initially, but the next day, visible swelling prompted his family to inquire further. Subsequently, they discovered the alleged brutality inflicted by the teacher, leading to the student's hospitalisation and the subsequent lodging of an FIR.

The NHRC's swift response underscores its commitment to safeguarding the rights and well-being of individuals, especially vulnerable children, and its determination to ensure that such incidents are dealt with justly and responsibly.