Complete Smartphone Ban In Schools Undesirable & Unworkable: Delhi High Court Issues Guidelines For Regulated Use

The case in question arose when a minor student at Kendriya Vidyalaya was found using a smartphone, leading the student to file a petition requesting that the school allow smartphone use. In response, Kendriya Vidyalaya sought the Court's assistance in establishing clear guidelines for smartphone usage in schools.

A Bench of Justice Anup Jairam Bhambhani said, “This court would observe that much has changed in the past years as regards the use of technology, including for educational and other related purposes. In the opinion of this court therefore, a complete ban on use of smartphones by students attending school is both an undesirable and unworkable approach.”

The Court also recognized that smartphones can serve several positive functions. It added, “Without detracting from the deleterious and harmful effects that arise from the indiscriminate use and misuse of smartphones in school, this court is of the view that smartphones also serve several salutary purposes, including as devices that help with co-ordination between parents and the children, which adds to the safety and security of students attending school.”

In its ruling, the Court stated that while students should not be prohibited from carrying smartphones to school, there must be a regulated and monitored approach. The Court issued several guidelines for managing smartphone usage in schools:

1. 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;
2. Where it is possible to make arrangements for safekeeping of smartphones, students should be required to deposit their smartphones when they enter school and take them back when returning home;
3. Smartphones must not disrupt classroom teaching, discipline, or the overall educational atmosphere. To this end, the use of smartphones in class must be prohibited. Use of cameras and recording facility on smartphones should also be barred in the common areas of the school as well as in school vehicles;
4. Schools must educate students on responsible online behaviour, digital manners, and the ethical use of smartphones. Students must be counseled that high levels of screen-time and social media engagement can lead to anxiety, diminished attention spans and cyber-bullying; W.P.(C) 15191/2023 This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
5. The policy should permit use of smartphones for connectivity for purposes of safety and co-ordination but disallow the use of smartphones for entertainment/recreational use;
6. The policy on regulating and monitoring the use of smartphones in school should be made in consultation with parents, educators, and experts, to evolve a balanced approach that addresses the needs and concerns of all parties involved;
7. 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;
8. 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. Possible consequences could include confiscation of smartphones for a certain time-period; or barring a student from carrying a smartphone for specified number of days, as a measure of disciplining an errant student; and
9. Given the fast-paced advancement of technology, the policy should be regularly reviewed and revised to tackle emerging challenges. As part of the ruling, the Court suggested that the consequences for violating the smartphone rules could include the confiscation of the device. It further recommended that the policy be periodically assessed and revised to keep pace with emerging technological issues.

The Court also ordered that copies of its decision be sent to the Central Board of Secondary Education (CBSE), the Directorate of Education, the Government of NCT of Delhi, and the Kendriya Vidyalaya Sangathan.

Cause Title: YV v. Kendriya Vidyalaya & Ors.

Appearance:

Petitioner: Advocates Ashu Bidhuri, Swapnam Prakash Singh, Hemant Baisla, Shabana Hussain, and Satyansh Gupta.

Respondents: Advocates S. Rajappa, R. Gowrishankar, and G. Dhivyasri, Anuj Tyagi and Akshita Agarwal

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