Apni Pathshala

Ensuring the Safety of School Children

GS Paper – 2: Governance, Issues Related to Children, Education, Social Empowerment

For Prelims: Guidelines on School Safety and Security 2021, National Commission for Protection of Child Rights (NCPCR), Right to Education (RTE) Act, 2009, NISHTHA Program, National Education Policy (NEP), 2020, SDG 16, POCSO.

For Mains: The role of the NCPCR in implementing the guidelines on school safety and security (2021).

Source: HT

Why is it in the News?

Recently, the Supreme Court mandated the implementation of the Centre’s 2021 Guidelines on School Safety and Security in schools, in response to the sexual assault of two schoolgirls in Badlapur, Maharashtra.

Additionally, the court instructed the National Commission for Protection of Child Rights (NCPCR) to oversee the implementation of the guideline.

What are the Guidelines on School Safety and Security 2021?

Overview: The Ministry of Education (MoE) has developed these guidelines to hold school management accountable for ensuring the safety of children within schools.

    • They cover essential topics such as security measures, staff responsibilities, and procedures to prevent incidents of harm or abuse.
    • These guidelines apply to all schools, including private institutions.

Purpose of the Guidelines:

Co-creation of a Safe School Environment: Encourage a collaborative effort among all stakeholders—students, parents, teachers, and school management—to establish a secure and safe school environment.

Awareness of Existing Acts, Policies, and Guidelines: Ensure that all stakeholders are informed about various laws, policies, procedures, and guidelines concerning different aspects of child safety, such as the Juvenile Justice Model Rules, 2016, and the Right to Education (RTE) Act, 2009.

Zero Tolerance Policy: Implement a “Zero Tolerance Policy” for any form of negligence or misconduct, ensuring that perpetrators face strict consequences.

Purpose of the Guidelines:

Co-creation of a Safe School Environment: Promote a collaborative effort among all stakeholders—students, parents, teachers, and school management—to create a secure and safe school setting.

Awareness of Existing Acts, Policies, and Guidelines: Ensure that all stakeholders are knowledgeable about various laws, policies, procedures, and guidelines related to child safety, including the Juvenile Justice Model Rules, 2016, and the Right to Education (RTE) Act, 2009.

Zero Tolerance Policy: Enforce a “Zero Tolerance Policy” against any form of negligence or misconduct, guaranteeing that offenders face strict repercussions.

Whole School Approach: The guidelines implement a “whole school approach” by integrating safety and security considerations directly into the educational framework.

    • This encompasses a focus on health, physical, socio-emotional, psycho-social, and cognitive aspects of child safety, promoting a comprehensive perspective on student well-being.

Multi-Sectoral Concerns: The guidelines incorporate insights and recommendations from multiple ministries and departments outside the education sector, such as health and hygiene protocols established by the Ministry of Health and Family Welfare.

Key Features:

  • Teacher and Stakeholder Capacity Building: The guidelines emphasize the need to sensitize, orient, and enhance the capacity of teachers, school leaders, parents, and students to effectively manage safety protocols.
    • For instance, the NISHTHA program for elementary school teachers includes a dedicated module addressing the educational response to COVID-19.
  • Cybersecurity and Online Education: The guidelines highlight the significance of cybersecurity and online safety, encouraging children and teachers to implement robust digital safety measures.
  • Compliance with Disaster Management and Safety Policies: The guidelines are in line with the National Disaster Management Guidelines on School Safety Policy, 2016, focusing on physical infrastructure and disaster preparedness.
    • They also adhere to the National Commission for Protection of Child Rights (NCPCR) guidelines for residential schools.Top of Form

Bottom of Form

Aligned with the National Education Policy (NEP), 2020: The NEP, 2020 mandates the establishment of a State School Standards Authority (SSSA) to ensure that all schools uphold specific professional and quality standards.

  • The policy prioritizes the safety of students, especially girl children, in residential hostels.
  • Compliance with International Conventions: The Convention on the Rights of the Child requires countries to protect children from all forms of violence.
  • Fulfillment of Sustainable Development Goals (SDGs): SDG 4 aims to provide inclusive and quality education for all while promoting a culture of peace and non-violence.
    • SDG 16 focuses on preventing violence against children and fostering peaceful, inclusive societies by reducing violence and eliminating exploitation, trafficking, and abuse of children.

NGOs Working for Children’s Welfare

  • Bachpan Bachao Andolan (BBA): This is India’s largest grassroots movement against trafficking and slavery, founded by Nobel Peace Laureate Kailash Satyarthi in 1980. Its mission is to protect children from all forms of exploitation.
  • CRY (Child Rights and You): CRY works to ensure access to free and quality education and primary healthcare while preventing violence, abuse, and exploitation of children.
  • Pratham: Pratham is an innovative learning organization aimed at enhancing the quality of education in India.
  • Nanhi Kali: This initiative offers comprehensive support to underprivileged girls in grades 1 to 10, with the goal of enabling them to complete their education with dignity.

Role of NCPCR in Ensuring Child Safety:

  • Monitoring Responsibility: The NCPCR and State Commissions for Protection of Child Rights (SCPCRs) are responsible for overseeing the implementation of the legal aspects of guidelines related to school safety and security.
  • E-Baal Nidan: The NCPCR has established an online complaint system called “E-Baal Nidan” to ensure the timely resolution of complaints regarding various violations and deprivation of child rights.
  • POCSO e-Box: The NCPCR has introduced the POCSO e-Box for straightforward and direct reporting of sexual offenses against children, ensuring prompt action against offenders under the POCSO Act, 2012.
  • Right to Education (RTE) Act, 2009: Sections 31 and 32 of the RTE Act, 2009 assign the NCPCR and SCPCRs the responsibility of overseeing the implementation of the act, including the assurance of children’s right to free and compulsory education.
  • Commissions for Protection of Child Rights (CPCR) Act, 2005: Section 13(1) of the CPCR Act, 2005 empowers the NCPCR and SCPCR to investigate complaints of child rights violations and monitor the enforcement of child protection laws.
    • The NCPCR and SCPCRs can also take suo-motu notice of issues related to 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 this act to ensure the safety of children.

CONSTITUTIONAL PROVISIONS FOR THE SAFETY OF CHILDREN:

Provision

Rights 

Article 14

Right to equality and equal protection of the law 

Article 21

 Right to life and personal liberty

Article 21 A

Right to free and compulsory elementary education for all children aged from 6-14

Articles 23 and 24

Rights against exploitation

Article 39 (e)

Right to health and freedom from abuse due to economic necessity

Article 39 (f)

Right to development with dignity and guaranteed protection of childhood and youth against exploitation and moral and material abandonment 

Article 46

Right of weaker sections to special educational care and protection from social injustice and any other form of exploitation 

Article 47

Right to nutrition, standard of living, and improved public health 

Article 51A (k)

Duty of parents or guardians to provide education opportunities.

Way Forward 

  1. Strict Compliance with NCPCR Guidelines: Schools are required to rigorously follow the NCPCR’s Manual on Safety and Security of Children in Schools, identifying and addressing any gaps in their safety protocols.
  2. Safety Planning: Each school should incorporate a School Safety and Security Plan as a key element of their School Development Plan (SDP).
  3. In-Service Teacher Training: Teachers need to be made aware of various safety issues, including the Prevention of Child Sexual Offences (POCSO) Act, 2012, and their responsibilities regarding reporting offenses.

Schools must report any offenses or suspicions related to child sexual abuse in accordance with Section 19 of the POCSO Act, 2012.

  1. Anti-Bullying Committee: Schools should form Anti-Bullying Committees to implement a bullying prevention program and regularly evaluate its effectiveness.
  2. School Safety Week: Schools should observe School Safety Week at the start of each academic session to review all safety measures.

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