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2024 DIGILAW 951 (SC)

Bachpan Bachao Andolan v. Union of India

2024-09-24

B.V.NAGARATHNA, N.KOTISWAR SINGH

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ORDER The petitioner - Bachpan Bachao Andolan has preferred this writ petition as a public interest litigation seeking the following reliefs: “(a) Pass an appropriate writ/order/direction in the nature of mandamus directing to the Respondents to notify the "Fixing Accountability of School Management towards Safety and Security of Children in SchoolGuidelines" prepared by the Department of School Education & Literacy, Ministry of Human Resource Development (MoHRD) in consultation with the National Commission for the Protection of Child Rights (NCPCR); (b) Pass an appropriate writ/order/direction to the Respondents, declaring that the contents of the Draft Accountability Guidelines shall be mandatorily implemented and applied in all cases of hardships upon children who are in schools, both government and private. The schools, both government and private, need to protect their children from risk of natural disaster, health hazard, abuse, violence and accidents. (c) Pass an appropriate writ/order/direction to the Respondents to implement the "Fixing Accountability of School Management towards Safety and Security of Children in School-Guidelines" which lays down the responsibilities of school management towards ensuring safety and security of children in schools, both government and private. (d) For an appropriate action to the respondents to pass such other order or orders as deem fit in the facts and circumstances of the case.” 2. Learned counsel for the petitioner submitted that an application for amendment of the petition has been filed and the same may be allowed. There being no objection to the said application and having regard to the scope and ambit of this writ petition as well as the prayers sought for by the petitioner herein, the said application is allowed. 3. Learned counsel for the petitioner submitted that an amended memorandum of Writ Petition has been filed. The same is taken on record. There being no objection to the said application and having regard to the scope and ambit of this writ petition as well as the prayers sought for by the petitioner herein, the said application is allowed. 3. Learned counsel for the petitioner submitted that an amended memorandum of Writ Petition has been filed. The same is taken on record. The amended writ petition has also sought the following reliefs – “(a) direct all the State and UT Governments to immediately and mandatorily notify the Guidelines on school safety and Security, 2021 issued by the Ministry of Education on 08.10.2021, in compliance of the order dated 17.04.2018, passed by this Hon’ble Court in the matter being W.P. (Crl.) 136/2017 and W. P. (Civil) 874/2017, within a defined timeline and submit their compliance reports; (b) direct the Centre and State Government to further issue directions to schools across India, to take immediate action and enquire well-being of the child, during situations where children remain absent for more than 30 days or intermittently drop off School; (c) issue directions to the National Commission for Protection of Child Rights (NCPCR) and State Commission for Protection of Child Rights (SCPCRs) across India for the effective implementation of the Guidelines; and further direct the NCPCR and SCPCR for a time bound monitoring of the Guidelines; and (d) pass such other or further order(s) as may be deemed fit and proper in the circumstances of the case.” 4. During the course of submissions, learned counsel for the petitioner drew our attention to the guidelines which have been framed by Union of India/respondent No.1 and sought a direction to all the State Governments and Union Territories to notify the guidelines and to comply with the same. 5. Learned counsel for the Union of India/respondent No.1 submitted that the prayers sought for by the petitioner herein have been complied with substantially by the Union of India. It is for the State Governments to implement those guidelines and therefore, appropriate orders may be made in the writ petition. 6. Learned counsel for respondent No.2/National Commission for Protection of Child Rights (NCPCR), while adopting the said submission also submitted that suitable directions may be issued to the State Governments to comply with the said guidelines by notifying the same and NCPCR may also be empowered to monitor the implementation of the said guidelines. 7. 6. Learned counsel for respondent No.2/National Commission for Protection of Child Rights (NCPCR), while adopting the said submission also submitted that suitable directions may be issued to the State Governments to comply with the said guidelines by notifying the same and NCPCR may also be empowered to monitor the implementation of the said guidelines. 7. In the circumstances, we take note of the fact that the guidelines have been notified by the Union of India. It is also submitted that the guidelines have been communicated to the respective State Governments and Union Territories for their implementation vide letter dated 01.10.2021 to all the Additional Chief Secretaries/Principal Secretaries/Secretary, Department of Education of all the States and Union Territories. A copy of said communication dated 01.10.2021 is reproduced herein for immediate reference: “Government of India Ministry of Education Department of School Education & Literacy Shastri Bhavan New Delhi 110 115 Santosh Kumar Yadav, Joint Secretary, Telephone No.011-23387781 E-mail : yadavsk.up@nic.in D.O No.17-1/2020-IS-11 New Delhi Dated the 1 st October, 2021 Respected Maám/Sir Please find enclosed a copy of `Guidelines on School Safety and Security’, developed by this Department for fixing the accountability of School Management in the matter of Safety and Security of Children studying in Government, Government-aided and Private Schools, in pursuance of the order of Hon’ble Supreme Court in Writ Petition (Criminal) No.136/2017 and Writ Petition (Civil) No.874/2017; and in line with the provisions contained in the National Education Policy, 2020. 2. These guidelines have been prepared by an expert committee and through extensive consultation with all stakeholders. The State/UT Government, exercising its powers u/s 35(2) of the RTE Act, 2009, CrPC, 1973 and as per its mandate under Rule 93 of the Juvenile Justice Model Rules, 2016; shall notify these guidelines. The Guidelines are advisory in nature and States/UTs may incorporate additions/modifications to these guidelines, if deemed necessary, according to the State/UT specific requirements. With regards, Enclosure : As above Yours sincerely, (Santosh Kumar Yadav) 1. The Addl. Chief Secretary/Principal Secretary/ Secretary, Department of Education, All States and UTs as per list attached. 2. Heads of all Autonomous Bodies of DoSEL” 8. 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. The Addl. Chief Secretary/Principal Secretary/ Secretary, Department of Education, All States and UTs as per list attached. 2. Heads of all Autonomous Bodies of DoSEL” 8. 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. Since, the State Governments have not been arrayed as parties in this writ petition, the Registry of this Court is directed to send a copy of this order to all the Chief Secretaries of the respective State Governments as well as an equivalent officer of the Union Territories. Respondent No.2 to also coordinate with the respective State Governments and Union Territories for the purpose of monitoring the implementation of the Guidelines referred to above. 9. For the purpose of monitoring, respondent No.2 is at liberty to seek Status Report/Action Taken Report from the respective States and Union Territories for the purpose of implementation of the guidelines. 10. It is needless to observe that in the event, respondent No.2 seeks Action Taken Report or Status Report with regard to the implementation of the Guidelines from the respective State Governments/Union Territories, it is expected that respondent No.2 shall respond to and the Action Taken Report/Status Report is submitted to respondent No.2 herein at the earliest. 11. The Writ Petition is disposed of in the aforesaid terms. 12. Pending application(s) including the application(s) for Intervention/Impleadment shall stand disposed of.