In a decisive move emphasizing the paramount importance of child welfare, the Supreme Court has instructed all State Governments and Union Territories to enforce the “Guidelines on School Safety and Security, 2021.” These comprehensive guidelines, issued by the Union Government, delineate the responsibilities of school management in safeguarding children against a spectrum of threats, including natural disasters, health risks, abuse, violence, and accidents.
Justice BV Nagarathna and Justice N Kotiswar Singh underscored the necessity for state authorities to adopt these guidelines, urging the integration of appropriate modifications as needed. They mandated that the National Commission for Protection of Child Rights (NCPCR) coordinate with states and UTs to oversee the guidelines’ implementation.
This ruling emerged from a public interest litigation filed by ‘Bachpan Bachao Andolan,’ which sought various measures to enhance safety and security for children in both public and private educational institutions. The petition called for the swift notification and implementation of the “Fixing Accountability of School Management towards Safety and Security of Children in School Guidelines.”
The petitioners pressed for uniform action from all states and territories to adopt the 2021 Guidelines, which were meticulously crafted by the Ministry of Human Resource Development in collaboration with the NCPCR. Furthermore, they argued for mandatory actions from schools when children are absent for more than 30 days or display erratic attendance.
The Union of India reported that the guidelines had already been disseminated to all relevant states and territories and were formally notified on October 8, 2021, in alignment with earlier Supreme Court directives. However, the petitioners highlighted a concerning trend: despite this notification, many State Governments had yet to implement the guidelines.
The NCPCR also sought judicial directions compelling states to not only notify the guidelines but also comply with them, requesting the commission be granted authority to monitor their nationwide application.
The Court’s order mandates that state and territorial governments adopt the guidelines, tailoring them to meet local needs. Additionally, the NCPCR was empowered to request Action Taken Reports or Status Reports regarding the implementation from respective state authorities, with the expectation that these reports would be submitted promptly.
This landmark ruling has been dispatched to the Chief Secretaries of all states and equivalent officers in Union Territories, concluding the writ petition.