Supreme Court Directs Implementation of Guidelines on Child Safety and Security in Schools Across States and Union Territories

Supreme Court Directs Implementation of Guidelines

 on Child Safety and Security in Schools Across 

States and Union Territories

In a significant ruling on child safety, the Supreme Court of India has directed all states and union territories to implement the Centre’s guidelines on the safety and security of children in schools. The court also tasked the National Commission for Protection of Child Rights (NCPCR) with coordinating and monitoring the implementation of these guidelines.

Supreme Court’s Direction on Child Safety

A bench comprising Justices BV Nagarathna and N Kotiswar Singh noted that the Centre had already notified the guidelines on child safety and directed the union government to ensure that copies of the guidelines are sent to chief secretaries or their equivalent officers in each state and union territory. 

The NCPCR was entrusted with coordinating with state governments and seeking status reports on the implementation of these guidelines, ensuring that children's safety in educational institutions is a top priority.

Recent Incidents Highlight the Need for Safety

This directive comes in the wake of recent tragic incidents, including the Badlapur case in Maharashtra, where two schoolgirls were sexually assaulted by a school staff member. The incident served as a grim reminder of the gaps in school safety measures. An NGO, Bachpan Bachao Andolan, filed an application following the Badlapur incident, seeking the implementation of the Centre’s guidelines on the safety and security of children in schools nationwide.

Advocacy for Children's Safety by Bachpan Bachao Andolan

Representing the NGO, senior advocate HS Phoolka pointed out that only five states have implemented the guidelines, leaving a significant gap in child protection measures in the remaining states and union territories. The ongoing petition, originally filed on May 6, 2019, called for the notification and implementation of these guidelines to safeguard children from sexual abuse and assault in educational institutions.

The Bachpan Bachao Andolan raised concerns over how the failure of state and UT governments to notify the guidelines has compromised the safety of children, particularly in government, government-aided, and private schools. The guidelines, developed by the Ministry of Human Resource Development (HRD) in consultation with the NCPCR, were designed to hold school management accountable for ensuring the safety of students.

Guidelines for Fixing Accountability

The NGO’s petition emphasized that the August 2018 guidelines were a critical tool in fixing accountability for school management concerning student safety. The petition claimed that if these guidelines had been implemented, incidents like the one in Badlapur could have been prevented.

The Supreme Court's directive has now intensified the urgency to notify and enforce these guidelines, including the 2021 Guidelines on School Safety and Security, which were developed by the Department of School Education and Literacy in compliance with earlier court orders.

Plea for Mandatory Notification of Guidelines

The petition filed in December 2022 also sought a mandate for all states and union territories to immediately notify and implement the guidelines on school safety. The application raised concerns over the recurring failure of school management to protect children, highlighting that recent incidents underscored the vulnerability of children in educational settings.

Conclusion

The Supreme Court’s intervention is a pivotal step in ensuring that the safety and security of children in schools is no longer compromised. By holding schools accountable and pushing for the strict implementation of safety guidelines, the ruling aims to create a safer environment for children across India.

This ruling serves as a strong reminder that the protection of children must be prioritized, and all states and union territories must work in coordination with the NCPCR to ensure that schools are safe havens for children.