HC declared Bullying and Ragging Prevention Policy as law

The High Court has declared the Bullying and Ragging Prevention Policy-2023 as law. At the same time, the court has given 17-point instructions to prevent bullying and ragging in educational institutions. A copy of the 121-page judgment in this regard was published on Monday.

A High Court bench of Justice Md. Ashraful Kamal and Justice Kazi Waliul Islam passed the judgement on Monday upholding the transfer order of a person named Mainul Ehsan Mahir in a bullying incident.

The 17-point instructions that the court has given to all educational institutions in the country in the judgment are:

1. An order has been issued to form a 3 to 5-member Bullying and Ragging Prevention Committee as per Article-4 of the policy declared as law.

2. As per Article-4.2 of the policy declared as law, meetings/exchange meetings/seminars/symposiums/workshops shall be organized with students and all concerned at the beginning of the academic year and every 3 months thereafter.

3. As per Article-4.4 of the policy declared as law, the Bullying and Ragging Prevention Committee of the educational institution shall arrange to keep a complaint box in an open place where everyone can see it and shall open the complaint box at the end of each day and if any complaint is found there, it shall be presented to the head of the institution immediately the next day.

4. As per Article-4.4 of the policy declared as law, the authorities shall arrange for surveillance by installing CCTV cameras in places where there is a risk of bullying and ragging in educational institutions.

5. As per Article-5.3 of the Policy Promulgated as an Act, the authorities of educational institutions (including residential halls) shall send reports to the higher authorities regarding the incidents of bullying and ragging in their respective jurisdictions.

6. As per Article-5.4 of the Policy Promulgated as an Act, the authorities shall publicize the examples and consequences of bullying and ragging through posters on the website and in the premises of the institution.

7. As per Article-5.5 of the Policy Promulgated as an Act, the authorities shall observe a day at the beginning of every academic year as a day to prevent bullying and ragging and to make the concerned aware of the ill effects of bullying and ragging.

8. According to Article-5.6 of the policy declared as law, students/teachers/guardians of all educational institutions in Bangladesh shall not directly or indirectly engage in bullying and ragging, shall report if they see anyone being a victim of bullying and ragging, shall execute an undertaking to inform the authorities if necessary and shall preserve it in the office of the concerned educational institution for future needs.

9. According to Article-5.7 of the policy declared as law, the authorities shall take measures to organize co-curricular workshops including screening of movies, cartoons, TV series related to the ill effects of bullying and ragging, workshops related to online behavior on responsible online behavior, etc. and shall inform the higher authorities about the workshops taken.

10. According to Article-5.8 of the policy declared as law, the authorities shall arrange for students to participate in extra-curricular activities to prevent bullying and ragging. For example, to develop the creative and innovative abilities of students, debate competitions, science fairs, mathematics Olympiads, book reading competitions, chess games, carom games and various sports will be organized. Students will be engaged in various voluntary work to teach empathy and compassion.

11. According to Article-5.9 of the policy declared as an act, teachers will present through role play to get an idea about the ill effects of bullying/ragging or how one is being harmed as a result and also to take the initiative to find solutions to the problems related to bullying and ragging themselves.

12. According to Article-5.10 of the policy declared as an act, specific teachers will be trained in all educational institutions and given the responsibility of counseling. They will be called 'counselors'.

13. In accordance with Article-5.11 of the policy declared as law, the heads of institutions will take necessary steps to implement the bullying and ragging policy.

14. In accordance with Article-5.12 of the policy declared as law, the educational institution authorities and the field level officials concerned with the education administration will regularly monitor the issue of bullying and ragging and will cooperate in the implementation of the policy.

15. In accordance with Article-6.1 of the policy declared as law, if any teacher, non-teacher or official-employee and student of the educational institution is found to be directly or indirectly involved in bullying and ragging, disciplinary action will be taken against him/her as per the prevailing laws/rules and, where applicable, action will be taken under the criminal law and a report will be submitted to the higher authorities every 3 months.

16. As per Article-6.2 of the policy declared as law, if any chairman/member of the Board of Trustees/Governing Body/Managing Committee/Ad hoc Committee/Special Committee is involved in bullying and ragging, a case will be filed against them under Sections 503, 504 and 509 of the Penal Code as per the law.

17. The Secretary for Secondary and Higher Education Department and the Secretary for Technical and Madrasa Education Department, Ministry of Education will submit a report on whether all educational institutions are complying with the above-mentioned instructions 1 to 16 along with an affidavit to the court having jurisdiction over this department every 3 months.

In addition, the suggestions given by the High Court in this judgment are:

1. In order to form well-educated, honest, skilled and good-natured citizens, utmost importance must be given to the appointment of teachers and administrative officials and employees of all educational institutions from secondary to university. So that in no way dishonest, misbehaving, abusive and mentally ill teachers, officials and employees are appointed. Because if mentally ill, dishonest, misbehaving, abusive people are appointed as teachers, officials and employees, then our young students are bound to be harmed by their contact. In this regard, if every institution gives utmost importance to the above-mentioned issues in the appointment of teachers, officials and employees, we will definitely be able to develop our young students as good citizens.

2. The government was advised to form a national committee consisting of 21 renowned, respected and senior teachers of Bangladesh to make the Policy on Prevention of Bullying and Ragging in Educational Institutions-2023 up-to-date and effective. The term of the committee will be 03 years. One of the tasks of the committee will be to review the policies and laws of developed countries and update our law every year to bring the Policy on Prevention of Bullying and Ragging in Educational Institutions-2023 at par with the developed countries of the world.

3. The government was advised to formulate the necessary law to make it mandatory for every student, teacher and officer-employee from primary school to university to be examined by a psychiatrist every 03 months and to appoint a psychiatrist.

4. The Secretary, Ministry of Education was advised to take appropriate steps to quickly give the Policy on Prevention of Bullying and Ragging in Educational Institutions-2023 the status of a full law.
The High Court, in its judgment, observed that character is the most valuable asset in a person's life. A good character makes a person respected in society and brings success in life. Character is the manifestation of a person's moral and human qualities, which distinguishes him from other creatures. A good character encourages a person to do good deeds and has a positive impact on society. It helps to be known in society as an honest, just and responsible person. Money, fame, and reputation are all temporary, but good character has a long-lasting impact on a person's life. It increases a person's confidence and helps them take the right decisions in difficult situations. Building a good character requires hard work, self-control, and practicing the right values. It is possible to create these qualities in a child through the family, society, and the education system. Therefore, character should not be neglected, but should be nurtured. It is an invaluable asset in a person's life, which makes him happy and successful. In short, character in a person's life is a valuable asset that makes him respected in society, brings success in life, and provides self-satisfaction.

In addition, the methods mentioned in the judgment for filing and resolving complaints related to bullying and ragging are as follows:

1. Complaints related to bullying and ragging must be submitted to the heads of all educational institutions via e-mail or in writing.

2. The head of the educational institution shall forward the complaint related to bullying and ragging to the committee formed under Article 4 within 3 working days of receiving the complaint related to bullying and ragging via e-mail or in writing.

3. The Bullying and Ragging Prevention Committee formed under Article 4 shall investigate the complaint related to bullying and ragging within a maximum of 7 (seven) working days from the receipt of the complaint related to bullying and ragging from the head of the concerned educational institution and submit the investigation report to the head of the concerned educational institution.

4. A case under Sections 354, 503, 504 and 509 of the Penal Code shall be filed within 7 (seven) working days of receipt of the investigation report received from the Committee on Prevention of Bullying and Ragging formed under Article-4 by the Head of the Institution as per the law.

5. If the Head of the Educational Institution fails to discharge the duties assigned to him as mentioned above, the authorities concerned shall relieve the Head of the Educational Institution from his duties.