Richa Mittal* Isha Mittal**
(Samaj Weekly)- According to reports, a private school in Uttar Pradesh had its principal and teacher arrested on August 8, following accusations linking them to the suicide of a child. The incident took place on July 31st in Azamgarh Children Higher Secondary Girls College. When mobile phones had been found in school bags of children. Parents were called and there was some delay in their arrival when the girl jumped from the third floor of the school building. Although the girl was taken to hospital, but, unfortunately couldn’t be saved.[1] Police registered a case under 306 and 201 and a hearing took place in CJM court. The principal and the teacher are expected to get bail on Thursday 17 August, 2023.[2]
In this context, it is crucial to highlight that the decision should not be made insensitively, although being emotional is obvious for the loss of a class 11th young girl, disregarding the tragedy of parents losing their child. Nor should it be influenced by the economic status of the principal and the teacher, in order to safeguard their reputation. The decision must undoubtedly be based on concrete evidence and verifiable facts.
We have written this piece out of concern for the deceased, parents, and even for the principal, teachers and students in the school. Further, through this, we would like to put forth our suggestion/opinion with regard to the process of investigation and justice.
The primary evidence lies within the findings of the forensic department through the post-mortem report. Conversely, the defence council should focus on evidence such as the prior criminal records of the individuals involved and the testimonies of other students in the school regarding the conduct of the principal and teacher. It is important to underscore that the core issue in this case is the act of suicide; any potential monetary matters involving students or the defence should be excluded from consideration. Previous CCTV footage from the principal’s office and classroom may serve as vital evidence to bolster the case. One perspective to be taken into account is whether the girl faced any form of bullying or severe mistreatment. Suicide often results from prolonged periods of depression. Hence, it should be acknowledged that the decision should not hinge on a singular instance or circumstance.
If the girl was indeed subjected to harassment by the teacher, it becomes pertinent to investigate whether her parents had lodged any complaints against her before this incident. The physical location of the suicide holds a certain relevance, albeit somewhat reduced, as individuals on the brink of suicide are unlikely to be preoccupied with the location of the act. Additionally, any familial conflicts or disputes within her household could play a significant role in the case. It is also crucial to consider whether there were undue expectations placed on her by her parents. Consultation with the school counsellor when the girl was in depression may be one piece of evidence. Interrogations of the class teacher can also be a dimension of this case. It shall also be taken into account that the suicide, even if it happened in school, may be due to bullying by other students in school towards her. In this case, if the teacher and principal were not informed about the students’ bullying, those students shall be appropriately found guilty. Attention details can play a major role here if the child in between shows absence or reports are found to bunk school then their might be a possibility of family fights or any other issues which may not be related to school. The decision could only be taken wisely if the witnesses give the true statement, remembering that they are in court and only their statement shall deliver justice.
Here, the school closure was, for sure, a necessary step, and it shall be noted that capital punishment has been banned for good. It does not mean if the student stands wrong and has been scolded verbally or has been made to understand for the future, taking it in the wrong direction and hurting the child’s ego was not an intention. He/she shall learn not to repeat it in the future. On the other hand, it does not mean that considering the child’s age and innocence, the school does not have the right for harassment and physical punishment. Steps and required actions shall only be taken with proper evidence and arguments in court. Both sides should have valid proof and not mere statements, considering the importance of this case.
The ultimate verdict must ensure justice for the young girl. This complex situation underscores that the case does not inherently favour either the principal and teacher or the accusers. Meanwhile, the ongoing police investigation is expected to continue. We can only await and hope for justice to be delivered.
(*Richa Mittal, Advocate Delhi High Court, is a distinguished professional with a multifaceted background as an economist and advocate practicing at the Delhi High Court. Her extensive expertise in both the legal and economic domains has positioned her as a leading authority in navigating the intricate intersection of law and economics. With a profound commitment to justice and a keen analytical mind, Richa has made remarkable contributions to the legal and economic landscape in India. Email: advocatericha80@gmail.com
**Isha Mittal, a Freelance Content Writer, is a dynamic freelance writer with a deep passion for exploring the intricate behavioural aspects within the realm of social sciences. Her work is marked by a keen understanding of human behaviour, an insatiable curiosity about societal dynamics, and a commitment to bringing thought-provoking insights to her readers)
[1] https://www.aajtak.in/uttar-pradesh/story/azamgarh-principal-and-teacher-got-bail-in-student-shreya-tiwari-death-case-lcln-1754574-2023-08-10
[2] https://www.jagran.com/uttar-pradesh/azamgarh-azamgarh-shreya-tiwari-case-accused-school-principal-and-teacher-released-on-bail-23497831.html
