Supreme Court Directs States/UTs To Implement Centre's Guidelines On School Safety And Security

A bench of Justice BV Nagarathna and Justice N Kotiswar Singh stated –

“Consequently, the State Governments as well as the Union Territories are expected to adopt the guidelines and to implement the same with suitable modifications as and when necessary… Respondent No.2 (NCPCR) 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 passed this order while in a public interest litigation filed by 'Bachpan Bachao Andolan' seeking several reliefs to ensure the safety and security of children in schools, both government and private.

The petition urged the Court to direct the notification and implementation of the draft "Fixing Accountability of School Management towards Safety and Security of Children in School Guidelines".

The petitioner also sought an order requiring all States and Union Territories to adopt the Guidelines on School Safety and Security, 2021, which were prepared by the Ministry of Human Resource Development (MoHRD) in consultation with the National Commission for Protection of Child Rights (NCPCR).

The petitioner also sought directions for schools to take action when children remain absent for more than 30 days or intermittently drop off. Further, it called for NCPCR and State Commissions for the Protection of Child Rights (SCPCRs) to effectively monitor the implementation of these guidelines.

The Union of India submitted that the guidelines had already been issued and communicated to all States and Union Territories. The guidelines were notified by the Ministry on October 8, 2021, in compliance with previous Supreme Court orders.

The petitioner emphasized that despite the notification, the State Governments had yet to adopt and implement these guidelines.

The NCPCR also sought for directions to the States to notify and comply with the guidelines. It was further requested that the NCPCR be empowered to monitor the implementation across the country.

The Court directed the State Governments and Union Territories to adopt and implement the guidelines with suitable modifications based on their specific requirements.

Additionally, the Court granted NCPCR the liberty to seek Action Taken Reports or Status Reports from the respective State Governments and Union Territories on the implementation of the guidelines. The Court observed that these reports should be submitted promptly.

The Court ordered that a copy of the order be sent to the Chief Secretaries of all States and the equivalent officers in Union Territories and disposed of the writ petition.

Case no. – Writ Petition (Civil) No. 558/2019

Case Title – Bachpan Bachao Andolan v. Union of India and Anr.

Citation : 2024 LiveLaw (SC) 765