SCHOOL VICTIMIZATION AND INSTITUTIONAL RESPONSIBILITY: A LEGAL AND POLICY PERSPECTIVE
AUTHOR – SABILA IFFATH SHUJATHULLAH, LLM [DEPARTMENT OF CRIMINAL LAW AND CRIMINAL JUSTICE ADMINISTRATION] STUDENT AT THE TAMIL NADU DR AMBEDKAR LAW UNIVERSITY, SCHOOL OF EXCELLENCE IN LAW, CHENNAI
BEST CITATION – SABILA IFFATH SHUJATHULLAH, SCHOOL VICTIMIZATION AND INSTITUTIONAL RESPONSIBILITY: A LEGAL AND POLICY PERSPECTIVE, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (14) OF 2025, PG. 558-572, APIS – 3920 – 0001 & ISSN – 2583-2344.
ABSTRACT:
In educational settings around the world, school victimization which includes peer bullying, harassment, teacher-to-student abuse, and other types of physical, psychological, or sexual harm remains a widespread problem with detrimental effects on students’ mental health, academic performance, and long-term wellbeing. This article critically examines the idea of victimization in schools, its manifestations (peer bullying, harassment, teacher-to-student violence, cyberbullying, etc.), and the role that educational institutions play in preventing, addressing, and correcting such harm. It does this by drawing on empirical, legal, and policy literatures. The research focuses on the duty of care that schools have to children, examining how institutional liability may be based on carelessness, willful indifference, or systemic policy flaws.
To determine when and how schools may be held accountable, important legal frameworks are examined, including statutory anti-bullying regulations, civil-law obligations, human rights and anti-discrimination statutes, and judicial precedents in various jurisdictions. Mandatory anti-bullying policies, institutional reporting and grievance procedures, awareness/training initiatives, and school-wide safety climates are among the policy tools that the article assesses. Additionally, it addresses barriers to effective institutional responsibility, such as definitional ambiguities, evidentiary hurdles, underreporting, and a lack of legal clarity, particularly in situations where current regulations may not be sufficient, such as cyberbullying or non-discrimination-based harassment.
The article concludes by outlining suggestions for enhancing institutional accountability, including more precise definitions of victimization, mandatory anti-bullying and anti-harassment policies, thorough reporting and investigation processes, training for school staff, and the incorporation of psychosocial support for victims. The paper makes the case that preventing student abuse is a legal and institutional responsibility that calls for thorough policy frameworks, execution, and accountability rather than just a disciplinary or moral issue.