Safiya Malik

The Delhi High Court has issued guiding principles on the regulation of smartphone use in schools while disposing of a petition concerning disciplinary action against a minor student. The Bench of Justice Anup Jairam Bhambhani, addressed the broader issue of smartphone use in educational institutions after considering submissions from various stakeholders, including the National Commission for Protection of Child Rights, the Delhi Commission for Protection of Child Rights, and the Kendriya Vidyalaya Sangathan.

The petition was initially filed seeking directions against Kendriya Vidyalaya, Sector-5, Dwarka, New Delhi, regarding disciplinary measures imposed on the petitioner, a minor student, due to the misuse of a smartphone within school premises. However, during proceedings, the respondents urged the court to frame guidelines for the use of smartphones in schools to prevent similar occurrences in the future. The court, acknowledging this concern, deliberated on existing policies and their effectiveness.

In its deliberation, the court examined multiple regulatory documents, including a circular issued by the Central Board of Secondary Education (CBSE) on July 29, 2009, restricting mobile phone use in schools; a communication dated April 16, 2009, from the Deputy Commissioner of Kendriya Vidyalaya Sangathan regarding mobile phone restrictions; and an advisory dated August 10, 2023, from the Directorate of Education, Government of NCT of Delhi, enforcing restrictions under Rule 43 of the Delhi School Education Rules, 1973.

The court observed that while these guidelines were issued with the intent to curb smartphone misuse in schools, they had not produced the desired results. It recorded that "even the more recent advisory issued by the DoE in 2023 only lays down very broad instructions to prevent the misuse of smartphones in schools." The court further stated that "a complete ban on the use of smartphones by students attending school is both an undesirable and unworkable approach."

The judgment noted that while smartphone misuse can lead to distractions and potential harm, these devices also serve essential purposes such as communication between parents and students, thereby contributing to the safety of children. The court found it necessary to strike a balance between these considerations and articulated guiding principles to be followed by regulatory bodies, educational institutions, and stakeholders.

The court stated that "as a matter of policy, students should not be barred from carrying smartphones to school, but the use of smartphones in school must be regulated and monitored." To ensure responsible usage, the court suggested that where feasible, schools should arrange for the safekeeping of smartphones, requiring students to deposit them upon arrival and retrieve them upon departure. It further recorded that "smartphones must not disrupt classroom teaching, discipline, or the overall educational atmosphere. To this end, the use of smartphones in class must be prohibited."

The judgment also addressed privacy concerns, stating that "use of cameras and recording facilities on smartphones should also be barred in the common areas of the school as well as in school vehicles." It held that schools must educate students on digital etiquette and responsible online behavior, particularly regarding the negative effects of excessive screen time and social media use. "Students must be counseled that high levels of screen-time and social media engagement can lead to anxiety, diminished attention spans, and cyber-bullying," the court noted.

Additionally, the court suggested that policies regulating smartphone use should be formulated in consultation with parents, educators, and experts to develop a balanced approach. It stated that "schools should have the discretion to implement policies that fit their unique situations, whether that involves allowing limited use of smartphones in specified areas of the school or enforcing stricter bans, including bans during specific times and events."

To ensure compliance, the court directed that policies should establish clear and enforceable consequences for violations. "The policy should establish transparent, fair, and enforceable consequences for violation of the rules for use of smartphones in school, ensuring consistent application without being excessively harsh," the judgment recorded. It provided examples such as temporary confiscation of smartphones or temporary restrictions on students carrying them.

The court further observed that technological advancements necessitate periodic revisions of policies. "Given the fast-paced advancement of technology, the policy should be regularly reviewed and revised to tackle emerging challenges," it stated.

With these directives, the court disposed of the petition while instructing relevant authorities to review their existing policies in light of the guidelines. The order directed that copies of the judgment be sent to the Chairman of CBSE, the Director of the Directorate of Education, Government of NCT of Delhi, and the Commissioner of Kendriya Vidyalaya Sangathan for further action. The court also mandated that the petitioner’s identity remain anonymized and that no information leading to their identification be disclosed in the public domain.

Case Title: Y V v. Kendriya Vidyalaya & Ors.

Case Number: W.P.(C) 15191/2023

Bench: Justice Anup Jairam Bhambhani

[Read/Download order]