Supreme Court to Hear NGO’s Plea on Child Safety Guidelines Next Month

Following recent incidents of sexual assault against children in some schools, including in Badlapur (Maharashtra) the Supreme Court on Wednesday agreed to hear a plea filed by an NGO seeking implementation of the Centre’s guidelines on child safety and security in educational institutes nationwide. The hearing is scheduled for September 24.

Senior advocate HS Phoolka, representing the NGO ‘Bachpan Bachao Andolan,’ informed the Supreme Court that only five states have implemented the Centre’s guidelines for child safety. Phoolka requested an expedited hearing on the petition.

A bench of Justices BV Nagarathna and NK Singh has listed the matter for September 24.

The pending petition dates back to May 6, 2019, when the Supreme Court issued notices to the concerned respondents. The Bachpan Bachao Andolan argued that the safety of children is being compromised and they are being subjected to “sexual abuse and assault” due to the failure of state and UT governments to notify the guidelines developed by the Ministry of Human Resource Development (HRD) in consultation with the National Commission for Protection of Child Rights (NCPCR).

These guidelines are designed to hold school management accountable for the safety and security of children in government, government-aided, and private schools. The NGO highlighted that the recent incident in Badlapur, Maharashtra, where two schoolgirls were allegedly raped by a staff member, underscores the failure of school management to protect children. The NGO contended that if the guidelines had been notified, such incidents might have been prevented.

The petition seeks 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.

On October 1, 2021, during the pendency of the current writ petition, the Department of School Education and Literacy, Ministry of Education, developed and rolled out the ‘Guidelines on School Safety and Security 2021,’ complying with the Supreme Court’s directions. These guidelines explicitly state that state and UT governments must notify them, according to the NGO.

The petitioner filed an application for amendment of the writ petition on December 20, 2022, seeking directions for all state and UT governments to immediately and mandatorily notify the guidelines. Jagjit Singh Chhabra, advocate for the petitioner, argued in the application that numerous recent incidents highlight the failure of school management to protect and secure the lives of children, the most vulnerable members of society.

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