Sukdeb Saha vs The State of Andhra Pradesh & Ors.

1.4 All educational institutions to establish written protocols for immediate referral to mental health services, local hospitals and suicide prevention helplines – Suicide helpline numbers, including Tele-MANAS and other national services, shall be prominently displayed in hostels, classrooms, common areas, and on websites – All teaching and non-teaching staff to undergo mandatory training by certified mental health professionals on psychological firstaid, identification of warning signs, response to self-harm, and referral mechanisms, at least twice a year – Further guidelines enumerated – Coaching hubs, including but not limited to Jaipur, Kota, Sikar, Chennai, Hyderabad, Delhi, Mumbai, and other cities where students migrate in large numbers for competitive examination preparation, shall implement heightened mental health protections and preventive measures – The Department of Education, District Administration, and management of educational institutions, to ensure the provision of regular career counselling for students and parents, regulation of academic pressure planning, through structured academic availability of continuous psychological support, and the establishment of institutional mechanisms for monitoring and accountability to safeguard student mental wellbeing. [Para 35]

1.5 These guidelines shall apply to all educational institutions across India, including public and private schools, colleges, universities, training centres, coaching institutes, residential academies, and hostels, irrespective of their affiliation – These guidelines to remain in force and be binding until appropriate legislation or regulatory frameworks are enacted by the competent authority and are not in supersession but in parallel to the ongoing work of the National Task Force on Mental Health Concerns of Students and are being issued to provide an interim protective architecture in the interregnum – These guidelines shall be read as complementary to the ongoing work of the National Task Force and would inform and assist the National Task Force in the development of a more comprehensive and inclusive framework. [Paras 35, 36]

2.1 Directions by Supreme Court – All States and Union Territories to notify rules within two months from the date of this judgment mandating registration, student protection norms, and grievance redressal mechanisms for all private coaching centres complying with the mental health safeguards prescribed. [Para 37]

2.2 A district-level monitoring committee to be constituted in each district under the chairpersonship of the District Magistrate or Collector – It may include representatives from the departments of education, health, and child protection, civil society and shall oversee implementation, conduct inspections, and receive complaints. [Para 38]

2.3 Union of India to file a compliance affidavit before the Supreme Court within 90 days from the date of the judgment detailing the steps taken to implement the guidelines, the coordination mechanisms established with State Governments, the status of regulatory rule making w.r.t coaching centres, and the monitoring systems put in place – The affidavit also to indicate the expected time line for the completion of the report and recommendations of the National Task Force on Mental Health Concerns of Students. [Para 39]

Transfer of investigation to CBI – When warranted – Appellant filed writ petition seeking transfer of investigation to CBI following the suspicious death of his 17-year-old daughter, who was undergoing coaching for NEET examination at Aakash Byju’s Institute, Vishakhapatnam, after falling from the terrace of her hostel – Prayer rejected by High Court – Interference with:

Held: Power to transfer the investigation of a criminal case to the CBI is an extraordinary measure, which must be exercised with great caution, and only in rare and exceptional circumstances – This jurisdiction is not to be invoked lightly or in a routine manner, but only where the facts of the case disclose a compelling necessity to ensure fairness in investigation, preservation of public confidence in the administration of justice, and protection of fundamental rights of the parties involved – In examining the prayer made by an aggrieved person seeking transfer of investigation to the CBI, the Court must necessarily be guided by the strict parameters – In the present case, the ineffectiveness of the local police officials is clear and undeniable – The attempt of the respondents to paint the unfortunate incident as one of suicide, relying upon vague references to the deceased being “agitated” on the evening of the incident is wholly unsubstantiated – The original and consistent version disclosed to the appellant, both by Aakash Institute’s personnel and local police, was that the appellant’s daughter had fallen from the terrace – At no point was the suicide theory mentioned to the appellant – The belated and unsubstantiated narrative of suicide appears to be a post-facto justification aimed at diluting the gravity of the incident and shielding institutional lapses – On facts, including the glaring inconsistencies in the medical records, the autopsy report indicating suspicious contents of stomach despite the deceased allegedly being on ventilatory support, the unexplained lapses in seizure and preservation of critical forensic evidence, and the contradictory statements by authorities, collectively highlight a case of exceptional complexity and concern – In view of the rare and extraordinary circumstances, investigation into the unnatural death of the appellant’s daughter is transferred to CBI – Impugned order quashed and set aside. [Paras 19, 21, 21.1, 22-24] Constitution of India – Arts.21, 32, 141 – Growing crisis of student suicides – Right to Mental Health, an integral component of the right to life u/Art.21 – Mental Healthcare Act, 2017 – ss.18, 115 – 210th Report of Law Commission of India; statistics in the National Crime Records Bureau in its 2022 report titled “Accidental Deaths and Suicides in India”, enumerated – India’s obligations under international laws, discussed – Legislative and regulatory vacuum w.r.t a unified, enforceable framework for suicide prevention of students – Binding interim guidelines issued. [Paras 31-35] Transfer of investigation to CBI – Power to transfer the investigation of a criminal case to CBI – Parameters to be considered, stated. [Paras 19, 20]