Karnataka High Court Asks All Universities, Colleges To Consider Framing 'Mental Health And Anti-Discrimination Policy' For Students

The Karnataka High Court has suggested Universities and Colleges, private or government, to formulate Mental Health Policy and Anti-discrimination policy, so as to prevent and address the serious and deleterious effects these sensitive issues may have on the lives of students.

A single judge bench of Justice Suraj Govindaraj appreciated the steps taken by Azim Premji University in formulating and implementing the policies and said,

“This action on part of Respondent Nos.1 to 3 would also be required to be emulated by all other Universities and Colleges private or government, so as to prevent and address the serious and deleterious effects these sensitive issues may have on the lives of students, many a time resulting in suicides and other socially abnormal behaviour which impacts not only students, and their immediate family, but also the community as a whole, including the teacher and student community thus requiring to be handled with the care and sensitivity that it deserves.”

Noting that neither the Central or State Governments, nor the concerned Universities or University Grants Commission (UGC) had formulated any policy in this regard, the court said,

“It would also be required for concerned authorities to take cognisance of the policy now formulated by Respondent Nos.1 to 3 (Azim Premji University) and to improve upon the same for example inculcating the interests and mental health concerns of differently abled students, etc and make it mandatory for all universities and colleges to have similar policies, if not formulated by themselves individually, at least by applying the policy formulated by the concerned organisation/authority uniformly across all Educational Institutions.”

Following which it directed the National Council For Transgender Persons and Union of India through the Social Justice Department, to address this imperative issue with urgency and, formulate and implement necessary policies in this regard.

The development comes after a former student of the University had approached the court seeking a direction to the University to frame appropriate guidelines on campus Mental Healthcare Counseling and to implement the campus policy for Transgender persons under the Transgender Persons (Protection of Rights) Act, 2019.

The Mental Health Policy formulated and implemented by Azim Premji University, applies to all students registered in the credited programs at the University, including students who self-identify as LGBTQ+ and students with disabilities.

Appearance: Advocate Smaran Shetty for Petitioner

Advocate Pradeep S Sawkar for R1 TO R3

Advocate Reshma FOR R4 AND R5

Citation No: 2024 LiveLaw (Kar) 440