SC directs states, Uts to implement 2021 safety rules for school kids
The Supreme Court directed all states and union territories to adopt guidelines issued by the Centre in 2021 on safety and security of children in schools, which holds the school management accountable.
The Supreme Court on Tuesday directed all states and union territories to adopt guidelines issued by the Centre in 2021 on safety and security of children in schools, which holds school management accountable for ensuring a child’s safety and defines the role of all stakeholders involving teaching and non-teaching staff.
Disposing a public interest litigation (PIL) filed in this regard by Bachpan Bachao Andolan, the organisation founded by Nobel laureate Kailash Satyarthi, a bench headed by justice BV Nagarathna placed the onus on the National Commission for Protection of Child Rights (NCPCR) to monitor the implementation of its significant order by seeking reports of compliance from all states and UTs.
The PIL argued by senior advocate HS Phoolka and advocate Jagjit Singh Chabra noted that since the guidelines were notified in October 2021, only few states/UTs have adopted it so far. These included Madhya Pradesh, Punjab, Mizoram, along with Jammu & Kashmir, Daman and Diu, and Dadra & Nagar Haveli.
The bench, also comprising justice N Kotiswar Singh, said, “In light of the fact that guidelines have been notified in October 2021, and a copy of it being sent to all states and UTs, they are expected to adopt the guidelines and implement the same with suitable modifications.”
The court directed the report to be sent to all chief secretaries and administrators of UTs.
Senior advocate Swarupama Chaturvedi appearing for NCPCR pointed out that the states have not responded to several requests made by the commission seeking compliance. She requested the court to direct states to provide reports to the commission in this regard.
Agreeing to this suggestion, the bench added, “We direct NCPCR to coordinate with states and UTs to monitor implementation of guidelines. The NCPCR, for purpose of monitoring, will be at liberty to seek status report/action taken report (ATR) for purpose of implementation of guidelines.”
The petition pointed out that the guidelines intended a self-contained legislation to provide for protection of all children from any kind of exploitation and abuse and guaranteed their physical, social, psychological, and moral well-being.
The key features of the guidelines included fixing responsibility of safety and security of children in school on the school management or head of school. It also discussed the role and function of school management, principal, head teachers, parent, warden, counsellors and non-teaching staff, focussing on whole school safety approach dealing with aspects of cyber safety, health and physical safety, safe and secure school environment, and psychosocial safety among other things.
Discussing the need for implementing these guidelines in the wake of several crimes committed in schools, the petition said that Article 21A of the Constitution guarantees free and compulsory education to children aged 6 to 14 years and this places an equal responsibility on the schools, government and private, to secure children against health hazards, abuse, violence and accidents.
