Introduction

The Karnataka High Court recently made a suggestion that all universities and colleges including private, and government own mental health policies against Discrimination. This recommendation is in place with the purpose of eradicating the prospective negative consequences affecting students’ lives, and which stem from mental health difficulties and discrimination, such as suicides and other negative behaviors.

Background of the Case

The case was filed when a student of Azim Premji University approached the court for the implementation of framework and procedure for mental health treatment of Transgender students on campus as per the Transgender Act, 2019. The student protested the adoption of new mental health counseling policies for university that would address the needs of students with diverse backgrounds, sexual orientations and disabilities.

Court’s Observations

In a bench comprised of one judge, Justice Suraj Govindaraj, granted and appreciated the initiatives by Azim Premji University in developing Mental Health Policy and Anti-discrimination Policy. The Court underlined such policies would serve as a guide for other schools to follow. The policy should enlighten all participants in education institutions on sensitive issues that can dramatically affect learners, their families and peers and other stakeholders in schools and society.

The same action on part of Respondent i.e., Azim Premji University would also be required to be followed by all other Universities and Colleges, whether private or government to avoid the grim and negative impacts these sensitive issues may have on the lives of students.

Need for Uniform Policies

The Court noted that no normative policy in respect of mental health or anti-discrimination existed which had been evolved by either the Central or the State Governments or by other bodies such as the UGC. Honorable Justice Govindaraj pointed to the fact that all these authorities should begin adopting policies developed over the years by Azim Premji University and to implement them or even better ones in all institutions of learning. He recommended integrating these policies with such concern to the students with different types of disabilities and expand mandatory accretion across the nation.

Guidelines to Government Departments

The High Court called upon the National Council for Transgender Persons and the Union of India through the Social Justice Department to urgently respond to this problem. It stressed on the need to develop and adopt correct mental health and anti-discrimination policies across the country so that all students especially the gay and disabled students be supported.

Conclusion

This decision by the Karnataka High Court is a rude wake up call for the formulation of mental health and anti-discrimination policies within learning institutions. Recommending information of worth and comprehensiveness of Azim Premji University, the Court calls for policies to cater for mental health care and enrolment of diverse population in schools to create safer learning atmosphere.

– Credits: By Anaida Khan Pursuing 5th year of BALLB (Hons.) from Dharmashashtra National Law University, Jabalpur