The Supreme Court has recently instructed all State Governments and Union Territories to enforce the "Guidelines on School Safety and Security, 2021," issued by the Union Government. These guidelines aim to assign responsibility to school management for safeguarding children against natural disasters, health hazards, abuse, violence, and accidents.

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 issued this order in response to a public interest litigation filed by 'Bachpan Bachao Andolan,' which sought various measures to enhance the safety and security of children in both government and private schools.

The petition called on the Court to mandate the notification and implementation of the draft guidelines titled "Fixing Accountability of School Management towards Safety and Security of Children in Schools."

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

The petitioner additionally sought directions for schools to take action when children are absent for more than 30 days or exhibit intermittent absenteeism. Moreover, the petition called for the National Commission for Protection of Child Rights (NCPCR) and State Commissions for the Protection of Child Rights (SCPCRs) to effectively oversee the implementation of these guidelines.

The Union of India stated that the guidelines had already been issued and communicated to all States and Union Territories, having been notified by the Ministry on October 8, 2021, in accordance with prior Supreme Court orders. However, the petitioner pointed out that despite this notification, the State Governments had not yet adopted or implemented the guidelines.

The National Commission for Protection of Child Rights (NCPCR) also requested directions for the States to notify and comply with the guidelines, along with a call for the NCPCR to be empowered to monitor their implementation nationwide.

In response, the Court directed all State Governments and Union Territories to adopt and implement the guidelines, allowing for suitable modifications to cater to their specific requirements.

Furthermore, the Court granted the NCPCR the authority to request Action Taken Reports or Status Reports from the respective State Governments and Union Territories regarding the implementation of the guidelines. The Court emphasized that these reports should be submitted without delay.

Additionally, the Court instructed that a copy of the order be sent to the Chief Secretaries of all States and the equivalent officials in Union Territories and subsequently disposed of the writ petition.

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

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