Today(August 28), the Supreme Court of India agreed to hear a crucial plea from the NGO ‘Bachpan Bachao Andolan’ concerning the implementation of child safety guidelines. The case is scheduled for September 24.
Thank you for reading this post, don't forget to subscribe!
NEW DELHI: In light of recent alarming incidents involving the sexual assault of children in schools, including a tragic case in Badlapur, Maharashtra, today(on 28th August),the Supreme Court of India has agreed to hear a crucial plea concerning the implementation of child safety guidelines. The plea, filed by the non-governmental organization (NGO) ‘Bachpan Bachao Andolan’, is set to be heard on September 24.
The Call for Urgent Action
Senior advocate HS Phoolka, representing the NGO, emphasized the pressing need for the Supreme Court to prioritize this matter.
He highlighted a concerning statistic:
“Only five states have adopted the Centre’s guidelines for child safety.”
underlining the inconsistency in the adoption of crucial protective measures across the country. Phoolka’s appeal for an expedited hearing on the petition reflects the urgency of the situation, as recent incidents have revealed significant lapses in the protection of schoolchildren.
The bench, comprising Justices BV Nagarathna and NK Singh, acknowledged the gravity of the situation and scheduled the hearing for September 24. This decision marks a significant step forward in addressing the gaps in the implementation of child safety guidelines in educational institutions nationwide.
The Long-Standing Petition
The petition by ‘Bachpan Bachao Andolan’ is not a recent development. It dates back to May 6, 2019, when the Supreme Court initially issued notices to the relevant respondents. The ongoing delay in implementing these guidelines has raised serious concerns about the safety and security of children in schools across India.
The Failure to Protect: An Eye-Opener
The plea submitted by ‘Bachpan Bachao Andolan’ highlights the dire consequences of the failure to implement the guidelines. The organization stated that the safety of children is being severely compromised, leading to instances of “sexual abuse and assault.” The NGO pointed out that this failure is largely due to the negligence of state and union territory (UT) governments, which have not yet notified 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 are designed to establish accountability for school management regarding the safety and security of children in government, government-aided, and private schools.”
-the NGO emphasized in its plea.
A Recent Tragedy: The Badlapur Incident
The recent case in Badlapur, Maharashtra, where two schoolgirls were allegedly raped by a school staff member, has been a wake-up call for the nation. The incident underscores the failure of school management to fulfill its primary responsibility of ensuring the safety and security of children. The plea argued that if the guidelines had been implemented, such tragic incidents could have been prevented.
“If the state and UT governments had implemented these guidelines, many unfortunate incidents could have been prevented.”
-the petition asserted.
The Call for Comprehensive Implementation
The petition is seeking a directive from the Supreme Court to ensure that all states and UTs notify and implement the ‘Fixing the Accountability of School Management towards the Safety and Security of Children in School Guidelines’, which were prepared by the HRD Ministry in consultation with the NCPCR on August 20, 2018.
During the course of the ongoing writ petition, significant developments have taken place. On October 1, 2021, the Department of School Education and Literacy under the Ministry of Education developed and rolled out the ‘Guidelines on School Safety and Security 2021’. These guidelines were formulated in compliance with directions from the Supreme Court, specifically mandating that state and UT governments notify these guidelines.
Following the introduction of the 2021 guidelines, the petitioner filed an application on December 20, 2022, seeking to amend the original writ petition. The amendment calls for immediate and mandatory notification of the guidelines by all state and UT governments.
The plea emphasizes the urgency, stating-
“It is respectfully submitted that recent incidents have underscored the failure of school management to protect and ensure the safety of children, who are among the most vulnerable members of society.”
