Apex Court Directs States & Union Territories To Implement Guidelines On School Safety & Security, 2021

In a significant directive aimed at ensuring the safety and security of children in schools, the Supreme Court has directed all State Governments and Union Territories to implement the "Guidelines on School Safety and Security, 2021" issued by the Union Government.

The Bench of Justice BV Nagarathna and Justice N Kotiswar Singh, emphasized the importance of adopting and modifying the guidelines as necessary to cater to local needs.

The Bench stated, “State Governments as well as the Union Territories are expected to adopt the guidelines and implement the same with suitable modifications as and when necessary.” The Court also directed the National Commission for Protection of Child Rights (NCPCR) to coordinate with the respective States and Union Territories to monitor the implementation process.

"Since, the State Governments have not been arrayed as parties in this writ petition, the Registry of this Court is directed to send a copy of this order to all the Chief Secretaries of the respective State Governments as well as an equivalent officer of the Union Territories. Respondent No.2 to also coordinate with the respective State Governments and Union Territories for the purpose of monitoring the implementation of the Guidelines referred to above," the Court said in its Order dated September 24.

This direction was issued in response to a public interest litigation (PIL) filed by 'Bachpan Bachao Andolan,' a child rights organization, which sought comprehensive measures to ensure the safety and security of children in both government and private schools. The PIL specifically 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," which has been under consideration for several years.

The petitioner argued that, despite the existence of the 2021 guidelines prepared by the Ministry of Human Resource Development (MoHRD) in consultation with the NCPCR, many States and Union Territories had not yet adopted them. The guidelines were officially notified on October 8, 2021, in compliance with previous Supreme Court orders, yet implementation had remained slow.

The guidelines cover a wide range of safety measures, including protocols for protecting children from natural calamities, accidents, and incidents of abuse or violence. They also recommend measures for identifying and addressing health hazards within school premises. Additionally, the guidelines place responsibility on schools to take proactive steps, such as investigating prolonged or intermittent absences of students.

In its submissions, the Union of India confirmed that the guidelines had been duly issued and communicated to all States and Union Territories. The NCPCR also echoed the need for a nationwide adoption of the guidelines, seeking directions from the Court to empower it to monitor the implementation.

The Court agreed, directing NCPCR to actively coordinate with the States and Union Territories and granted it the liberty to request Action Taken Reports (ATRs) or Status Reports on the implementation progress. The bench noted that these reports should be submitted promptly to ensure proper monitoring and timely action.

Furthermore, the Court ordered that a copy of its decision be sent to the Chief Secretaries of all States and the equivalent officers in Union Territories to ensure compliance.

Cause Title: Bachpan Bachao Andolan v. Union of India & Anr. [Writ Petition (Civil) No. 558/2019]

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