Supreme Court directs FIR almost 2 years after IIT Delhi Dalit student suicides

Almost two years after two Dalit students died by suicide at Indian Institute of Technology (IIT Delhi), the Supreme Court on Monday directed the Delhi Police to register a first information report (FIR) in the case. [Amit Kumar v. Union of India]

In July 2023, a BTech student named Ayush Ashna was found hanging in his hostel room. On September 1, 2023, Anil Kumar (21), a BTech student and resident of UP’s Banda district, was found dead in his hostel room at the institute. He joined IIT in 2019.

As per complaints filed by the parents of these students, the suicides were a result of caste discrimination by the IIT faculty and staff.

However, in both these cases, police had not registered a FIR even though the parents had pushed for the same.

In a sharp critique, a bench of Justices JB Pardiwala and R Mahadevan noted that even if the police was of the view that,

“Even if the Police was of the view that there was no element of truth in what had been alleged by the appellants, it could have said so only after registering an F.I.R. and conducting an investigation pursuant thereto…The Police could not have taken a shortcut just because something happened in the hostel of an eminent educational institution like IIT Delhi. It seems that the Police very quickly jumped to the conclusion that the two boys were in some sort of depression as they were not doing well in their studies. Such conclusion of the Police may as well be correct.”

The bench clarified that a police officer cannot avoid his duty of registering a case if a cognizable offence is disclosed.

“Action must be taken against erring officers who do not register an F.I.R. if information received by them discloses a cognizable offence,” reads the judgment.

The Court has now directed the DCP (South-West District, New Delhi) to register the FIR on the respective complaints and depute any responsible officer, not below the rank of Assistant Commissioner of Police, to undertake the investigation in accordance with law.

The top court further underscored that the responsibility of maintaining the safety and well-being of students rests heavily on the administration of every educational institution.

“…in the event of any unfortunate incident, such as a suicide occurring on campus, it becomes their unequivocal duty to promptly lodge an F.I.R. with the appropriate authorities. Such action is not only a legal obligation but also a moral imperative to ensure transparency, accountability, and the pursuit of justice. Simultaneously, it is incumbent upon the police authorities to act with diligence and responsibility by registering the FIR without refusal or delay,” it added.

In the same judgment, the Court ordered the constitution of a ten-member National Task Force to address the mental health concerns of students and prevent student suicides in higher educational institutions.

“The statistics contained in the Report of the National Crime Records Bureau for the year 2021 highlight the grim reality of over 13,000 students having lost their lives by committing suicide in the country which is almost twice the already disturbing number a decade ago. The number of student suicides has now surpassed suicides committed by farmers due to agrarian distress, with a four percent rise in 2024 alone,” the Court found.

The Delhi High Court had in January last year dismissed pleas to direct the Delhi Police to register FIRs in the case. While doing so, the Court said that IITs must make conscious efforts to counsel young students that scoring good marks is not the most important thing.

If you or anyone else you know are facing mental health issues or having suicidal or self-harming thoughts, please access the helpline number given below:

Courtesy: Bar and Bench

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