School Safety and Security Guidelines:States and UTs Directed by Supreme Court to Implement safety rules as priority.
Supreme Court Directive
The Supreme Court has recently instructed all State Governments and Union Territories to implement the “Guidelines on School Safety and Security, 2021,” issued by the Union Government. This directive emphasizes the responsibility of school management in safeguarding children from natural disasters, health risks, abuse, violence, and accidents.
Implementation of Guidelines
As a result, both State Governments and Union Territories are expected to adopt these guidelines and make appropriate modifications when necessary. NCPCR is also tasked with coordinating with the respective State Governments and Union Territories to monitor the implementation of the aforementioned guidelines.
Responsibilities of School Management
A bench comprising Justice BV Nagarathna and Justice N Kotiswar Singh issued this order in response to a public interest litigation filed by ‘Bachpan Bachao Andolan.’ The petition sought various measures to ensure the safety and security of children in both government and private schools. The petitioners urged the Court to mandate the notification and implementation of the draft “Fixing Accountability of School Management towards Safety and Security of Children in School Guidelines.”
Public Interest Litigation Overview
Additionally, the petition called for an order mandating that all States and Union Territories adopt the Guidelines on School Safety and Security, 2021, developed by the Ministry of Human Resource Development (MoHRD) in collaboration with the National Commission for Protection of Child Rights (NCPCR).
Petitioners’ Requests
The petitioners requested that schools take action regarding students who are absent for over 30 days or who frequently miss school. They also sought effective monitoring of the implementation of these guidelines by the NCPCR and State Commissions for the Protection of Child Rights (SCPCRs).
Role of NCPCR
The Union of India stated that these guidelines had already been issued and communicated to all States and Union Territories. The Ministry had notified them on October 8, 2021, in accordance with prior Supreme Court orders. The petitioners highlighted that despite this notification, the State Governments had not yet adopted or implemented the guidelines.
Government Compliance Status
The NCPCR further requested that the States be directed to notify and adhere to the guidelines, as well as be empowered to monitor their nationwide implementation. The Court directed the State Governments and Union Territories to adopt and execute the guidelines with suitable modifications based on their specific needs.
Monitoring and Reporting Requirements
It also permitted the NCPCR to request Action Taken Reports or Status Reports from the respective State Governments and Union Territories regarding the implementation of the guidelines, observing that these reports should be submitted without delay. The Court ordered that a copy of the ruling be sent to the Chief Secretaries of all States and their counterparts in the Union Territories, and subsequently disposed of the writ petition.
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