In a landmark decision, the Delhi High Court has laid down comprehensive guidelines regulating the use of smartphones in schools while rejecting the idea of an outright ban. The court emphasized the need for a balanced approach, considering both the educational benefits and potential misuse of mobile devices by students.
Background of the Case
The case originated from a writ petition (W.P.(C) 15191/2023) filed by a minor student (Y V) through legal representatives, against Kendriya Vidyalaya, Sector–05, Dwarka, New Delhi and other respondents. The petitioner challenged certain actions taken by the school due to alleged misuse of a smartphone on school premises.
During the proceedings, the Kendriya Vidyalaya Sangathan (KVS) requested the court to formulate clear guidelines regarding mobile phone usage in schools, which was then framed as an issue in the court’s order dated December 7, 2023.
Key Legal Issues
Should students be allowed to carry smartphones to school?
How should schools regulate and monitor smartphone usage to prevent misuse?
Should an outright ban on smartphones be imposed, or should a structured policy be adopted?
The court analyzed previous circulars and advisories issued by various educational bodies, including:
CBSE Circular dated 29.07.2009, restricting mobile phone use in schools.
KVS Communication dated 16.04.2009, imposing similar restrictions.
DoE Advisory dated 10.08.2023, under Rule 43 of DSER 1973, which broadly advised against smartphone use.
Court’s Observations
Presiding over the case, Justice Anup Jairam Bhambhani noted that these existing guidelines had not produced the desired outcome and that an outright ban was both “undesirable and unworkable.” The court recognized that technology has significantly evolved, and smartphones now serve critical roles, including communication between parents and students for safety purposes.
The court emphasized:
“A complete ban on the use of smartphones by students attending school is both an undesirable and unworkable approach.”
Instead, the court underscored the importance of striking a balance between minimizing distractions and enabling beneficial uses of mobile technology.
Guiding Principles Issued by the Court
To address these concerns, the Delhi High Court formulated a structured policy, including:
Students should not be barred from carrying smartphones, but their use must be regulated and monitored.
Schools should provide a secure facility for students to deposit their smartphones upon arrival and retrieve them when leaving.
Classroom smartphone use should be strictly prohibited, ensuring no disruption to the learning environment.
Camera and recording functions should be disabled in common areas and school transport to protect privacy.
Educational programs on responsible digital behavior should be conducted, informing students about screen addiction, cyberbullying, and ethical smartphone use.
Smartphones should only be used for essential communication, such as coordinating with parents, but not for entertainment or social media during school hours.
Each school should tailor its smartphone policy in consultation with parents, educators, and child psychologists.
Clear and enforceable disciplinary actions should be established for violations, including temporary confiscation.
Regular policy updates should be undertaken to address emerging technological trends.
Final Decision
Disposing of the petition, the court directed educational authorities, including CBSE, Directorate of Education (Delhi), and KVS, to review and update their existing policies based on these guiding principles.
Importantly, the court ensured that the identity of the minor petitioner remained anonymized in public records.
