Supreme Court Strengthens School Safety with National Guidelines Directive

In a significant and far-reaching decision, the Supreme Court of India has reinforced the responsibility of schools nationwide to ensure the safety and security of children by directing all State Governments and Union Territories to implement the Guidelines on School Safety and Security, 2021. These guidelines, issued by the Union Government, have been specifically designed to address various risks faced by students, including natural disasters, health hazards, physical abuse, violence, and accidents. The Court underscored the importance of safeguarding children’s welfare in both government and private schools, emphasizing that the primary responsibility for this rests with the school management.

The ruling is a direct response to a public interest litigation (PIL) filed by the well-known child rights organization Bachpan Bachao Andolan, which sought a nationwide directive to ensure that schools are held accountable for the safety of their students. The petition highlighted the necessity for a standardized framework to address the increasing concerns related to children’s safety, particularly in light of various incidents of violence, neglect, and accidents occurring in schools across the country.

Recognizing the seriousness of the issue, the Supreme Court has not only mandated the adoption of these comprehensive guidelines but has also ensured that State Governments and Union Territories will have the flexibility to modify them based on their local requirements. Furthermore, the National Commission for Protection of Child Rights (NCPCR) has been entrusted with overseeing the implementation of the guidelines and coordinating with States and UTs to ensure compliance, making this decision a significant step toward enhancing the security framework for millions of schoolchildren across India.

Court’s Direction to States and UTs:

• The Supreme Court directed State Governments and Union Territories to adopt and implement the 2021 Guidelines on School Safety and Security.
• Justice BV Nagarathna remarked, “Consequently, the State Governments as well as the Union Territories are expected to adopt the guidelines and to implement the same with suitable modifications as and when necessary.”
• The National Commission for Protection of Child Rights (NCPCR) has been tasked with coordinating with States and UTs to monitor the implementation of these guidelines.

Background and Petitioner’s Request:

• The petition was filed by Bachpan Bachao Andolan, seeking various reliefs, including the safety of children in schools. The petition specifically sought the notification and implementation of the Fixing Accountability of School Management towards Safety and Security of Children in School Guidelines.
• The Ministry of Human Resource Development (MoHRD) had issued these guidelines in consultation with NCPCR.
• The petition emphasized the need for States and UTs to adopt these guidelines and stressed that children who remain absent for more than 30 days or intermittently should be addressed by schools.

Union of India’s Response:

• The Union of India informed the Court that the 2021 Guidelines on School Safety and Security had been issued on October 8, 2021, in compliance with previous Supreme Court orders.
• Despite this, the petitioner argued that State Governments had not yet adopted or implemented these guidelines adequately.

NCPCR’s Role and Monitoring:

• The NCPCR requested further directions for all State Governments to notify and comply with the 2021 Guidelines.
• It also sought to be empowered to monitor the implementation of these guidelines effectively across the nation.
• The Supreme Court granted NCPCR liberty to request Action Taken Reports or Status Reports from the States and UTs on the implementation.

Final Court Order:

• The Supreme Court mandated the adoption and modification of the guidelines to fit the specific needs of each state and territory.
• The Court instructed that a copy of the order be sent to the Chief Secretaries of all States and the equivalent officers in Union Territories.
• The writ petition was then disposed of, with the Court emphasizing the need for prompt submission of implementation reports.

Click to Read: Bachpan Bachao Andolan v. Union of India and Anr