Badlapur incident: SC directs to implement guidelines on safety and security of children in schools in all states, UTs

A bench of justices BV Nagarathna and N Kotiswar Singh noted the Centre has notified the guidelines on the safety and security of children in schools and directed the union government to send the copies to chief secretaries or equivalent officers.

The court directed NCPCR to coordinate with states and union territories for the purpose of the implementation of the guidelines. The court also asked the NCPCR to seek status reports from the states and union territories.

In the wake of recent sexual assault incidents of children in some schools, including Badlapur in Maharashtra, an application was filed by an NGO seeking implementation of the Centre's guidelines on safety and security of children in educational institutes across the country.

Appearing for the NGO, 'Bachpan Bachao Andolan', senior advocate HS Phoolka apprised the top court that only five states have implemented the Centre's guidelines for the safety of children.

Notably, the pending petition dates back to May 6, 2019, whereby the top court issued notices to concerned respondents.

The Bachpan Bachao Andolan said the safety of the kids is being compromised and they are being subjected to "sexual abuse and assault" due to the failure of the state/UT governments to notify the guidelines framed by the Ministry of Human Resource Development (HRD) in consultation with the National Commission for Protection of Child Rights (NCPCR).

"These guidelines have been developed for fixing the accountability of the school management in the matter of safety and security of children studying in government, Government-aided and private schools," the NGO said.

The plea further said that the recent tragic incident in Badalpur, Maharashtra, where two schoolgirls were allegedly raped by a staff member is an eye-opener, which demonstrates that the school management has miserably failed to protect and secure the lives of children. Had these guidelines been notified by the state/UT governments, various untoward incidents could have been averted, the plea raised.

The petition sought to direct the respondents to notify and implement the 'Fixing the Accountability of School Management towards the Safety and Security of Children in School Guidelines,' dated August 20, 2018, prepared by the HRD in consultation with the NCPCR.

During the pendency of the present writ petition, on October 1, 2021, the Department of School Education and Literacy, Ministry of Education, developed, framed and rolled out the 'Guidelines on School Safety and Security 2021' in compliance with the directions passed by the top court. These guidelines specifically and categorically mention that the state/ UT governments shall notify these guidelines, the NGO said.

Thereafter, the petitioner filed an application for amendment of the writ petition on December 20, 2022, inter-alla seeking directions to all the states /UT governments to immediately and mandatorily notify the guidelines.

"It is respectfully submitted that numerous recent incidents have highlighted the failure of school management to protect and secure the lives of children, the most vulnerable members of society," the application said. (ANI)