INDIA
Aarti Malhotra seeks justice for her son's bullying and suicide as the court addresses school authorities' negligence.
The horrifying tragedy of a young soul taking their own life is something no parent should ever have to bear. Aarti Malhotra is one such parent who has been living through this nightmarish ordeal since her son, Arvey, tragically ended his life in February of last year. Arvey was a 16-year-old student at Delhi Public School in Greater Faridabad who left a suicide note for his mother revealing that he had been a victim of bullying and sexual assault at his school which ultimately drove him to commit suicide. Aarti has been fighting tirelessly for justice ever since, but it appears that justice remains frustratingly out of reach.
The torment began for Arvey back in the sixth grade when his classmates started taunting him about his sexuality. Hurtful slurs like 'gay,' 'chhakka,' and 'ladkiyon jaisa' (meaning effeminate) were hurled at him. Even though Aarti worked a teacher at the same school, brought this to the authorities' attention, her concerns were brushed aside. Arvey tried to conform to traditional notions of masculinity by taking up volleyball, but his lack of skill was used as fuel for further mockery.
By the time Arvey reached the ninth grade the bullying escalated to a horrifying level of sexual assault. Arvey came home one day in a state of panic and was gasping for air as he revealed that his classmates had blindfolded him and forced him to undress. Aarti was left shocked and heartbroken, seeking professional help for her son. However, the initial attempts at therapy didn't seem to make a significant difference until they found a therapist who began to help Arvey heal. He even expressed a desire to pursue singing and enrolled in a class.
But when school resumed, Arvey's emotional scars were triggered, and the situation deteriorated further. He refused to take his exams, and when Aarti messaged him, reassuring him that it was okay not to sit for the paper, she received no response. Just an hour later, she received a call from their residential complex to only find out that her son had jumped from the 15th floor of their building
Aarti's fight for justice has been a long and arduous one. She contends that the school failed to take any action against the bullies. Furthermore, she was also asked to stay home from her job shortly after her son's death. Another teacher at the school, whom Arvey had accused of harassment, was arrested. A First Information Report (FIR) was filed against the senior academic coordinator of the school under Section 306 of the Indian Penal Code for abetting Arvey's suicide, but she was granted bail after a few days. Over the past year Aarti has found herself in and out of the police station, yet justice continues to elude her.
The Punjab and Haryana High Court declined to dismiss the case against principal of Delhi Public School in Greater Faridabad who was booked for abetment of suicide and violations under the Protection of Children from Sexual Offences Act (POCSO Act). The charges stemmed from the school's failure to report incidents of bullying and harassment by Arvey's classmates, ultimately leading to his tragic suicide.
The court observed that the principal could not excuse her failure to report the matter to the police as mandated by the POCSO Act, for nearly five months. The court emphasized that the obligation was not to investigate such matters independently but to report them to the police. Sections 19 and 21 of the POCSO Act require individuals aware of child sexual harassment to report it to the authorities. The High Court while expressing its sympathy for the parents rejected the principal's contention that she had been falsely implicated.
In light of the ongoing legal proceedings, the Court clarified that its observations should not influence the trial court proceedings. This case has brought to light the painful consequences of bullying and harassment and the pursuit of justice is far from over.
Aarti Malhotra has shared that her son, Arvey, was tormented and harassed by nine individuals, leading to charges against three of them after a charge sheet was filed. Following an investigation into their involvement, authorities have decided to invoke Sections 6 and 18 of the POCSO Act, including them in the First Information Report (FIR). At the time of the alleged suicidethe two students in question had already transferred to another school.
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