Summary
The father of a 17-year-old NEET aspirant who died after a fall from her hostel building in Visakhapatnam sought a CBI investigation, which the High Court refused because two FIRs in two States placed the prayer beyond its jurisdiction. The Court found the local investigation ineffective (an unsubstantiated suicide theory, unreconciled CCTV discrepancies, contradicted claims about the girl's consciousness on admission, one doctor in three forensic roles, destruction of the viscera before court-ordered DNA testing, withheld forensic reports and suspicious stomach contents) and transferred the investigation to the CBI. In Part B, treating mental health as part of Article 21 and acting under Articles 32 and 141, it issued fifteen binding interim guidelines on student mental health and suicide prevention for all educational institutions, with directions to the States and the Union.
Issues
- Whether the facts disclosed the rare and exceptional circumstances in which an investigation may be transferred to the CBI.
- Whether, pending the report of the National Task Force on student mental health, the Court should lay down interim binding guidelines for the prevention of student suicides in educational institutions.
Provisions considered
- Article 21, Constitution of IndiaMental health is an integral component of the right to life, which means a life of dignity, autonomy and well-being; read with the Mental Healthcare Act, 2017 and India's international obligations, this requires a responsive legal framework to prevent self-harm among students, and the legislative vacuum justified interim judicial guidelines. (¶¶ 31, 32, 33)
- Articles 32 and 141, Constitution of IndiaThe guidelines were issued in exercise of the power under Article 32 to enforce fundamental rights and declared to be law under Article 141, binding until appropriate legislation or regulation is enacted, on the model of Vishaka. (¶¶ 34, 35, 36)
- Sections 18 and 115, Mental Healthcare Act, 2017Section 18 guarantees access to mental health services and Section 115 decriminalises attempted suicide by acknowledging the need for care rather than punishment; the Court read them as reinforcing the constitutional mandate to protect mental health, especially of students and youth. (¶ 31)
Held
- The power to transfer an investigation to the CBI is extraordinary and is to be exercised sparingly, only where the facts disclose a compelling necessity to ensure a fair investigation, preserve public confidence and protect fundamental rights, such as where the State police appear biased or complicit, the investigation is tainted by delay, irregularity or suppression of material facts, or the matter's complexity and inter-State ramifications require a central agency. (¶¶ 17, 18, 19, 20)
- Without commenting on the fairness of the investigation, its ineffectiveness was undeniable: the suicide theory was a belated narrative unsupported by any note, psychological history or witness statements; the hostel CCTV showed a girl in salwar/trousers going upstairs while the adjacent shop's footage showed a girl in half-pants lying on the ground, a discrepancy never verified; the AIIMS Medical Board found she was admitted conscious with a Glasgow Coma Scale score of 10/15, contradicting the stand that she was unconscious, yet she was ventilated without consent and her statement was never recorded; the same doctor acted as autopsy surgeon, chemical analyst and inquiry-committee member; the RFSL destroyed the viscera before the DNA comparison ordered by the High Court; semi-digested rice and a suspicious smell in the stomach were irreconcilable with continuous ventilation from the early hours of 15.07.2023; and the chemical analysis report and final cause-of-death opinion were withheld. (¶¶ 21, 21.1, 21.2, 21.3, 21.4, 21.5, 21.6, 21.7, 21.8)
- These were not mere procedural irregularities but pointed to a deeper malaise in the investigation; taken with the family's logistical barriers in pursuing the matter from West Bengal, the non-cooperation of local authorities and contradictory public statements by the police, transfer to the CBI was essential to preserve the sanctity of the administration of justice and public confidence. (¶¶ 22, 23)
- The observations were not to touch the merits, bind the CBI investigation or the trial, or prejudice the defence of any person who may be arrayed as accused. (¶ 26)
- Student suicides reflect a systemic failure to address students' emotional and mental health needs; mental health is part of the right to life under Article 21, reinforced by the Mental Healthcare Act and international instruments, and there is a legislative and regulatory vacuum on suicide prevention in educational institutions and coaching centres, particularly in hubs such as Kota, Jaipur, Sikar, Visakhapatnam, Hyderabad and Delhi, which calls for immediate interim safeguards. (¶¶ 9, 27, 30, 31, 32, 33)
- Fifteen guidelines were issued, binding until legislation is enacted and applicable to all schools, colleges, universities, coaching institutes, residential academies and hostels: every institution must adopt a uniform mental health policy drawing on UMMEED, MANODARPAN and the National Suicide Prevention Strategy; institutions with 100 or more students must engage at least one qualified counsellor, psychologist or social worker, smaller ones must have referral linkages; optimal counsellor ratios and mentors for small batches; no batch segregation by performance, public shaming or disproportionate targets; written referral protocols and prominent display of helplines including Tele-MANAS; staff training twice a year in psychological first aid; sensitive engagement with marginalised students; confidential mechanisms against sexual harassment, ragging and bullying, with institutional culpability for neglect contributing to self-harm; parent sensitisation; anonymised annual reports to regulators; emphasis on extracurricular activities and review of examination patterns; structured career counselling; drug-free and harassment-free residential campuses; tamper-proof ceiling fans and restricted access to rooftops; and heightened protections in coaching hubs. The guidelines run parallel to, and are to inform, the National Task Force's work. (¶¶ 35, 36)
- All States and Union Territories are to notify, as far as practicable within two months, rules mandating registration, student-protection norms and grievance redressal for private coaching centres; district-level monitoring committees chaired by the District Magistrate or Collector are to oversee implementation; and the Union of India is to file a compliance affidavit within 90 days. (¶¶ 37, 38, 39)
Result
Appeal disposed of; High Court order dated 14.02.2024 in WP No. 25381 of 2023 set aside; investigation transferred to the CBI forthwith, the local police to hand over the entire record, the CBI to register an RC and file its report under Section 193(2) BNSS within four months of receiving the record; interim guidelines and directions on student mental health issued, judgment to be circulated to the concerned Ministries, regulators and all Chief Secretaries; Union of India to file a compliance affidavit within 90 days; listed 27.10.2025.