The Supreme Court ordered all state governments and Union Territories to implement the Guidelines on School Safety and Security, 2021 issued by the Centre to fix responsibility of school management to protect children from natural disasters, health hazards, abuse, violence, and accidents.
A bench comprising Justice BV Nagarathna and Justice N Kotiswar Singh stated that the state governments and the Union Territories are expected to adopt the guidelines and to implement the same with suitable modifications as and when necessary NCPCR to also coordinate with the respective state governments and Union Territories for the purpose of monitoring the implementation of the Guidelines.
The top court passed this order in a public interest litigation filed by Bachpan Bachao Andolan, seeking several reliefs to ensure the safety and security of children in schools, both government and private.
The plea urged the Court to direct the notification and implementation of the draft “Fixing Accountability of School Management towards Safety and Security of Children in School Guidelines”.
It also sought an order requiring all states and Union Territories to adopt the Guidelines on School Safety and Security, 2021, which were prepared by the Ministry of Human Resource Development (MoHRD) in consultation with the National Commission for Protection of Child Rights (NCPCR).
It also sought directions for schools to take action when children remain absent for over 30 days or intermittently drop off. Furthermore, it called for NCPCR and State Commissions for the Protection of Child Rights (SCPCRs) to effectively monitor the implementation of these guidelines.
The Centre submitted that the guidelines had already been issued and communicated to all states and Union Territories. The aforesaid guidelines were notified by the Ministry on October 8, 2021, in compliance with previous Supreme Court orders. The plea stressed that despite the notification, the state governments had yet to adopt and implement these guidelines.
Meanwhile, the NCPCR also sought directions to the states to notify and comply with the guidelines. It was also requested that the NCPCR be empowered to supervise the implementation across the country.
The Court ordered the state governments and Union Territories to adopt and implement the guidelines with suitable modifications based on their specific requirements.
In addition, the Court granted NCPCR the liberty to seek Action Taken Reports or Status Reports from the respective state governments and Union Territories on the implementation of the guidelines. The Court stated that these reports should be submitted promptly.
The Court directed that a copy of the order be sent to the Chief Secretaries of all states and the equivalent officers in Union Territories and disposed of the writ petition.
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