SC directs implementation of guidelines for ensuring safety of schoolchildren

The Supreme Court has directed states and Union territories to implement the Union government’s 2021 guidelines that hold school management accountable for ensuring children’s safety and defines the role of teaching and non-teaching staff.

A bench of justices BV Nagarathna and N Kotiswar Singh on Tuesday directed the National Commission for Protection of Child Rights (NCPCR) to monitor the implementation of its order by seeking reports of compliance while disposing of Nobel laureate Kailash Satyarthia-led Bachpan Bachao Andolan’s public interest litigation (PIL).

The petition said the guidelines intended to protect all children from exploitation and abuse and guaranteed their physical, social, psychological, and moral well-being. Fixing responsibility for the safety and security of children in school on the management or head of school was the key feature of the guidelines. The guidelines define the role and function of school management, principals, head teachers, parents, warden, counsellors, and non-teaching staff.

The plea called for the need for implementing the guidelines in the wake of crimes in schools. It cited the Constitution’s Article 21A guaranteeing free and compulsory education to children aged six to 14 years. The plea said this places an equal responsibility on the schools, and government to secure children against hazards, abuse, violence, and accidents.

Senior advocate HS Phoolka and advocate Jagjit Singh Chabra argued the PIL, which said only a few states and Union territories including Madhya Pradesh, Punjab and Mizoram Jammu and Kashmir, Daman and Diu, and Dadra and Nagar Haveli had adopted the guidelines.

The bench noted that guidelines were notified in October 2021 and a copy was sent to all states and Union territories. “...they are expected to adopt the guidelines and implement the same with suitable modifications.”

Senior advocate Swarupama Chaturvedi, who appeared for the NCPCR, said the states have not responded to requests seeking compliance. She sought direction for providing reports to the commission in this regard.

The bench agreed to the suggestion. “The NCPCR, for the purpose of monitoring, will be at liberty to seek status report/action taken report (ATR) for purpose of implementation of guidelines.”