CBSE Submits In Kerala High Court Suggestions To Prevent Sexual Abuse In Schools But Says Govt Agencies More Appropriate To Implement It

The committee of experts constituted by the CBSE on the direction of the Kerala High Court to create and implement a prevention-oriented programme on sexual abuse in schools submitted its report on ways to put mechanisms in place for the same.

A single bench of Justice Bechu Kurian Thomas on Wednesday took the report of the Committee of Experts of CBSE on record.

CBSE prefaced its report by stating that it does not have the power to introduce programmes in schools regarding prevention of sexual abuse and that it is for the State to spearhead the implementation of it:

“In view of the minimal role of conducting examinations and certification, CBSE possibly may not be the apt agency for providing a mechanism to impart age appropriate prevention oriented program on sexual abuse. The relevant agencies could be the appropriate government agencies.”

However, CBSE has submitted its report to be shared with the State as it has the power to issue directives on implementing such programmes across the State which will cover CBSE schools as well, the report clarified.

The CBSE in its report pointed out some existing measures undertaken by it, in connection with prevention of sexual abuse among children. This includes directions and circulars to CBSE schools to comply with provisions of the POCSO Act highlighting the role of teachers and the management in such incidents. It has also published an “educators manual for gender sensitivity pedagogy” to train teachers on the subject.

In its report, the CBSE recommends a multi-pronged approach to address the issue of sexual abuse among children. Firstly, for all schools to have policies and procedures in place for responding to incidents of sexual abuse. This should include reporting mechanisms, investigations, support services for survivors etc. Secondly, to sensitise various stakeholders including students, parents and teachers by creating awareness and educating them with the help of manuals and modules.

The CBSE recommends that the education materials prepared for this purpose must be directed mainly at minors and should be in easy and comprehensible language. The programme must take care to see that both boys and girls are equally seen as potential victims. It should also focus on religion, culture, language as additional factors to be sensitive about apart from gender.

For creating awareness, the CBSE recommends taking the help of visual media in the form of videos, podcasts as well as using social media in its campaigns. It also recommends bodies like NCERT and SCERT to incorporate topics related to prevention of sexual abuse in the school curriculum. The report also suggests taking the help of counsellors in teaching children how to say ‘no’ and to counsel them on the impact/ trauma of abuse. Legal professionals can also aid in educating various stakeholders on the juvenile justice act and the POCSO Act. CBSE recommends training school staff in recognising and reporting incidents of sexual abuse among children. It emphasises the importance involving parents and sensitising them to matters of child protection. The report also suggests collaborating with external organisations such as the local police and child welfare organisations, to ensure a coordinated response to incidents of sexual abuse.

The expert committee constituted by the State for the same purpose, informed the Court that it has decided to include topics such as voyeurism, stalking, gender dysphoria and the marriage act in the training module prepared for teachers of Higher Secondary Schools in a meeting of the expert committee held on 10.03.2023 headed by the Director General of Education.

The court was also informed by the expert committee that it will be conducting a two-day workshop for preparation of modules and sensitising teachers on the issue on 23rd and 24th of March. Coordinators from ‘Souhrida Club’, the career guidance and adolescent counselling cell of the Directorate Of Higher Secondary Education will be assisting in conducting the workshop. The expert committee of the state has also decided to constitute a sub -committee to prepare a standard operating procedure on how to handle POCSO Act related issues when incidents of sexual abuse are reported in schools.

The Court in August 2022 had directed for the constitution of a Committee of Experts by the State of Kerala and the CBSE to identify the mode and methodology for imparting an age-appropriate prevention-oriented programme on sexual abuse. The court took the above steps after taking note of the alarming rise in the number of sexual offences committed on school children and noticing that, in many instances, the perpetrators themselves were students. The court was of the view that the voice of the victims of sexual abuse should not be suppressed, and it is only through education that the victim can be empowered to speak out.

Even though the matter came before the court in relation to a bail application, the Court invoked its jurisdiction under Article 226 of the Constitution for issuing directions to the State Government and CBSE, lamenting that there was a lack of awareness among the youngsters on the consequences of sexual offences and their ramifications.

Case Title: Anoop V State of Kerala