Death of a Child in a School Hostel and the Limits of Institutional Accountability

Death of a Child in a School Hostel and the Limits of Institutional Accountability

An NHRC Case Analysis from Lucknow, Uttar Pradesh

(NHRC Diary No. 1526/IN/2023 | Case No. 3112/24/48/2023)

By Lenin Raghuvanshi

Human Rights Defender

The death of 13-year-old student Priya, a Class VIII student residing in a school hostel in Lucknow, raises grave concerns about child safety in educational institutions, custodial responsibility of schools, and the limits of accountability when investigations remain prolonged and inconclusive.

This article analyses the case as documented and monitored by the National Human Rights Commission (NHRC) from January 2023 to May 2024.

Case Identification

• NHRC Diary No.: 1526/IN/2023

• NHRC Case/File No.: 3112/24/48/2023

• Incident Category: Murder of Child

• Victim: Student Priya (Class VIII)

• Age / Gender: 13 years / Female

• Institution: SR College / SR Global School Hostel

• Incident Date: 25 December 2022

• Incident Place: S R College, Lucknow

• State: Uttar Pradesh

• Complainant: Lenin Raghuvanshi

• Mode of Complaint: HRCNet / Online

• NHRC Registration Date: 13 February 2023

Allegations and Background

According to the complaint placed before the NHRC:

• Priya, a minor child, was residing in the hostel of SR College / SR Global School

• She was brutally assaulted inside the hostel premises

• The assault resulted in her death

• The complainant alleged serious lapses by school authorities and police, including:

  • Failure to ensure safety of a minor under institutional care

  • Delay and lack of transparency in investigation

  • No immediate arrests, despite the gravity of the offence

The death occurred in a space where the child was under direct custodial control of the institution, invoking heightened standards of responsibility.

Criminal Case Status (as reported to NHRC)

As per reports submitted by the Lucknow Police and the Home Department:

• FIR No.: 16/2023

• Police Station: BKT Police Station, Lucknow

• Section Invoked:

  • Section 302 IPC – Murder

Investigation Details

• FIR registered against unknown persons

• Panchanama of the deceased conducted

• Statements of:

  • Teachers

  • Fellow students

  • Hostel watchmen

  • Doctors

• Call Detail Records (CDRs) of suspected persons (students of the same school) obtained

• Viscera preserved for FSL examination

• Scene of crime inspected

• Investigation transferred to CBCID, Uttar Pradesh

Despite these steps, no arrests were reported up to the time NHRC closed its proceedings.

NHRC’s Intervention and Monitoring

Initial Cognizance

• NHRC took cognizance on 26 January 2023

• Action Taken Report was called from:

  • Commissioner of Police, Lucknow

  • Director General of Police, Uttar Pradesh

Subsequent Directions

• 25 July 2023: NHRC expressed concern over the seriousness of allegations and directed submission of a progress report

• Investigation was later transferred to CBCID, acknowledging the sensitive nature of the case

• Additional reports were sought in:

  • September 2023

  • March 2024

Closure of Proceedings

NHRC Order dated 31 May 2024

After considering the material on record, the Commission observed:

• FIR under Section 302 IPC had been registered

• Investigation was underway with CBCID

• Criminal law had been set in motion

The Commission concluded:

“Since criminal law has been set in motion and investigation has been transferred to CBCID, further intervention of the Commission is not required.”

Direction Issued

• The Director General, CBCID, Uttar Pradesh was directed to:

  • Continue investigation of FIR No. 16/2023

  • Act in accordance with the procedure established by law

The case was closed with direction to the authority.

Human Rights Analysis

1. Child’s Right to Life and Safety (Article 21)

A child living in a school hostel is under protective custody. Any harm occurring within such premises constitutes:

• A violation of the right to life and dignity

• A failure of institutional duty of care

The State bears responsibility not only through police action, but also through regulation and oversight of educational institutions.

2. Institutional Accountability Gap

While investigation was transferred to CBCID, NHRC records show:

• No identification of perpetrators at the time of closure

• No visible accountability of:

  • School management

  • Hostel authorities

  • Supervisory officials

Transfer of investigation, without timelines or outcomes, risks diffusing responsibility rather than fixing it.

3. Delay as a Rights Concern

The incident occurred in December 2022. By May 2024:

• Investigation remained inconclusive

• No arrests were disclosed

• The child’s family continued without closure

Delay in cases involving child death weakens evidence, accountability, and public confidence.

4. Limits of NHRC Jurisdiction

This case demonstrates a recurring institutional limitation:

• Once investigation is “in progress,”

• NHRC often defers further monitoring

This procedural closure may be legally justified, but it raises a critical question:

Who ensures urgency, transparency, and accountability in prolonged investigations involving child deaths?

Why This Case Matters

This case is significant because it highlights:

• Vulnerability of children in residential schools

• Gaps between investigation transfer and justice delivery

• Absence of parallel inquiry into institutional negligence

• The need for child-specific accountability frameworks

Conclusion

The death of student Priya is not merely a criminal case—it is a failure of institutional protection. While the NHRC ensured that criminal law was activated and investigation escalated to CBCID, justice remains incomplete without outcomes.

A hostel should be a place of safety.
For a child to die there, and for accountability to remain uncertain, is a matter of deep concern.

Justice for children cannot stop at “investigation is underway.”
It must end with truth, accountability, and reform.

Case Reference

NHRC Diary No. 1526/IN/2023
Case/File No. 3112/24/48/2023