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 Supreme Court Mandates School Safety Guidelines Implementation

Context:

The Supreme Court has recently mandated the implementation of the Centre’s 2021 Guidelines on School Safety and Security across all schools. This directive follows an unfortunate incident involving the sexual assault of two schoolgirls in Badlapur, Maharashtra. Additionally, the Supreme Court has tasked the National Commission for Protection of Child Rights (NCPCR) with overseeing the implementation of these guidelines.

Relevance:

GS II: Education

Dimensions of the Article:

  1. Overview of the School Safety and Security Guidelines 2021
  2. Key Features of the Guidelines
  3. Role of NCPCR in Ensuring Child Safety

Overview of the School Safety and Security Guidelines 2021

  • Issuing Authority: The Ministry of Education (MoE) introduced these guidelines to ensure that schools are held responsible for ensuring the safety of their students.
  • Key Focus Areas: The guidelines cover essential areas like security protocolsstaff duties, and procedures designed to prevent any form of harm or abuse within schools.
  • Applicability: These safety measures apply to all types of schools, including both government and private institutions.
Purpose of the Guidelines
  • Collaborative Approach: Aimed at fostering collaboration between students, parents, teachers, and school management to create a secure environment.
  • Legal Awareness: The guidelines are meant to familiarize all stakeholders with the lawspolicies, and procedures related to child safety, such as the Juvenile Justice Model Rules, 2016, and the Right to Education Act, 2009.
  • Zero Tolerance Policy: There is a strict no-tolerance policy towards negligence or misconduct. Offenders are to face strict consequences for their actions.
Accountability Structure
  • For Government and Aided Schools: Responsibility lies with the school heads, teachers, and administration to ensure safety protocols are enforced.
  • For Private and Unaided SchoolsSchool management, principals, and teachers hold primary responsibility for child safety in these institutions.
Holistic Safety Approach
  • Whole School Approach: The guidelines promote integrating safety and security aspects across the school system, ensuring healthphysicalsocio-emotionalpsychosocial, and cognitive safety for a holistic well-being of students.
  • Cross-Sector Collaboration: Inputs from various ministries, including health and hygiene protocols from the Ministry of Health and Family Welfare, are included to ensure comprehensive student safety.

Key Features of the Guidelines

  • Capacity Building: The guidelines emphasize the need for training and sensitizing teachers, heads, parents, and students to effectively manage safety protocols.
  • NISHTHA Program: This program provides elementary school teachers with specialized training modules, such as responses to Covid-19.
  • Cybersecurity Focus: It underlines the importance of promoting online safety and cybersecurity measures among students and teachers.
Alignment with Other Policies
  • Disaster Management: The guidelines adhere to the National Disaster Management Guidelines on School Safety Policy, 2016, focusing on physical infrastructure and disaster preparedness.
  • NCPCR Compliance: They also comply with guidelines laid down by the National Commission for Protection of Child Rights (NCPCR) for residential schools.
  • National Education Policy (NEP) 2020: Aligned with the NEP 2020, these guidelines emphasize forming a State School Standards Authority (SSSA) to ensure professional and quality standards across schools.
International and SDG Compliance
  • Child Protection under International Law: These guidelines support the Convention on the Rights of the Child, ensuring children are shielded from all forms of violence.
  • SDG 4 and SDG 16: The guidelines contribute to the Sustainable Development Goals (SDG 4), ensuring inclusive and quality education, and SDG 16, focusing on reducing violence against children and promoting peaceful societies.

Role of NCPCR in Ensuring Child Safety

  • Monitoring Implementation: The National Commission for Protection of Child Rights (NCPCR), along with State Commissions for Protection of Child Rights (SCPCRs), is tasked with ensuring the implementation of legal guidelines related to the safety and security of children in schools.
  • Online Complaint Redressal: NCPCR has introduced an Online Complaint System, known as “E-Baal Nidan”, which facilitates the timely resolution of complaints regarding child rights violations and deprivation.
  • POCSO e-Box for Reporting: For direct and easy reporting of sexual offenses against children, the NCPCR has launched the POCSO e-Box, ensuring swift action under the POCSO Act, 2012 against the perpetrators.
  • Role in RTE Act, 2009: Sections 31 and 32 of the Right to Education (RTE) Act, 2009 assign NCPCR and SCPCRs the responsibility of overseeing the implementation of the Act, ensuring that children have access to free and compulsory education.
  • CPCR Act, 2005: As per Section 13(1) of the Commissions for Protection of Child Rights (CPCR) Act, 2005, NCPCR and SCPCRs are entrusted with the authority to inquire into complaints related to child rights violations and monitor child protection laws.
  • Suo-Moto Powers: Both NCPCR and SCPCR have the authority to take suo-moto cognizance of matters involving the deprivation and violation of child rights.
  • Juvenile Justice Act, 2015: Section 109 of the Juvenile Justice Act, 2015 mandates the commissions to monitor the implementation of the Act, ensuring the safety and protection of children under the law.

-Source: The Hindu


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