Student's Safety and Security and School Compliance

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Student's Safety and Security and School's Compliance:-

By Sandigdha Mishra, Advocate

advocate.sandigdhamishra@gmail.com

Education enriches people's understanding of themselves and the world. It improves the quality of their lives and leads to broad social benefits to individuals and society. 

However, Parents should send their children to safe, secure and a school in which education is equally important, as wellbeing of the kids, children should get education in a fearless environment so that they can grow and glow.

School needs to ensure that children suffer no harm in exercising their right to be educated.

Background and Some real cases:

Few Years Back, a 10 year old student of one of the best School in Indirapuram died due to injuries from a fall in the school. Parents alleged that the floor was wet and the child had slipped due to the school’s negligence.

The brutal murder of seven year old boy in the bathroom of a reputable school in Gurugram in 2017, left parents from the National Capital Region (NCR) and in fact from all over India in a deep state of shock.

Couple of years back, in 2018, in one of the reputed school in Lucknow, One11-year-old girl had allegedly attacked a boy of Class 1 in School toilet in order to get the school closed early.

It is important to understand we as institution, parents, society has prime responsibility to Provide complete safety and security for the life of the student as he or she is in under School’s complete custody and Schools are in the charge of him/her. Hence School has the legal liability to provide protection to the students while they are in control.

Safety means a state in which hazards and conditions leading to physical, psychological or material harm are controlled in order to preserve the health and well-being of individuals and the community. 

Security means a condition that is created taking measures in coordination with concerned people to make the environment free of crime, violence and injury.

HENCE It must be ensured that schools provide safe facilities as part of a compulsory education. 

 

Legal Provisions of Indian Judiciary related to Student's or Children's Safety and Security

Constitutional provisions:

Provisions of the Constitution of India for the protection and safety of children are as given below:

Constitutional Provision Rights

Article 14- Fundamental right to equality and equal protection of the law

Article 15 (3)- Fundamental right to special provisions

Article 21- Fundamental right to life and personal liberty

Article 21 A - Right to free and compulsory elementary education for all children in the 6-14-years of age

Articles 23 and 24- Fundamental right 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 against moral and material abandonment

Article 46 - Right of weaker sections to special educational care and protection from social injustice and all forms of exploitation

Article 47- Right to nutrition and standard of living and improved public health

Article 51A (k)- Duty of parents or guardians to provide opportunities for education

Negligence and Categories of negligence:

It shall be the responsibility of the School, to take preventive measures against all forms of negligence towards the safety and security aspects of children in schools. The negligence committed, may be broadly categorised as follows:

a. Negligence in establishing a secured infrastructure for the students and children with special needs.

b. Negligence to the quality, standard of the food served and portability of water provided to students in school for consumption.

c. Negligence related to security measures adopted by the School Authorities for the safety of students.

d. Negligence in providing timely medical aid to the students.

e. Negligence in taking action against a complaint reported by a student.

f. Negligence on corporal punishment including mental, emotional harassment.

g. Negligence in preventing bullying, discriminatory actions, substance abuse in the school premises.

h. No regular monitoring and reporting to appropriate authority as mentioned

i. Delaying actions in case of crime or disaster.

j. Suppression of facts and not reporting to the appropriate authority.

k. Negligence in strict implementation of COVID guidelines resulting in threat or vulnerability for safety and security of students.

Legal Provisions in case the offence has been established:

Accountability of School,  Legal Provisions and Rules attracted 

a. Criminal Negligence- Sections 304, 308 etc. of Indian penal Code. Section 75 of Juvenile Justice Act, 2015.

b. Medical Aid Negligence- Section 77 of the Juvenile Justice Act, 2015

c. Corporal Punishment- Section 75 of the Juvenile Justice Act, 2015

d. Conspiracy- Section 16 of the POCSO Act, 2012, Section 34 and 120B etc. of the Indian Penal Code, 1860 and Section 87 of the Juvenile Justice Act, 2015

e. Concealment/non-reporting of offence Section of the POCSO Act and Section 202 of Indian Penal Code, 1860

f. Tampering Evidence- Section 201, 203 etc. of the Indian Penal Code, 1860 g. Sexual abuse Section 19 of the POCSO Act, 2012

h. Cyber Safety and Security- Section 67 B of IT Act, 2000 and Sections 13 and 15 of the POCSO Act, 2012

i. Infrastructural Safety and Security The National Building Code of India, 2004

j. Food Safety- Sections 272, 273 of the Indian Penal Code, 1860 k. Environmental Safety Section 278 of the Indian penal Code, 1860

l. Sexual harassment and Sexual Assault- Section- 4, 6, 8, 10, 12, 14 and 15 of the POCSO Act, 2012.

 CWSN

i. Legal Rights of CWSN-  Section 16, 17, 31 & 32 of the Rights of Persons with Disabilities Act, 2016

Section 31 of The Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995

ii. Punishment for violating the rights of CWSN Section 89 of the Rights of Persons with Disabilities Act, 2016

iii. Punishment for offences against CWSN- Section 5 and 9 of the POCSO Act, 2012 and Section 85 of the Juvenile Justice Act, 2015. 

Constitutional rights of children-  Article 15 (3), 21 (A), 23, 24, 39 (e), 39 (f), 46, 47 and 51A (k) of the Constitution of India.

Through the extensive research of judgements of Indian Judiciary, GOI, MOE guidelines, 2001, Acts, Rules etc. we have segregated the safety and security aspects in 8 chapters i.e. Food, Water, Air, Medical, Transport, Students, Building/Infrastructure, Cyber.

For documenting your intention towards the safety and security of your students you need to check the facts, circumstances, collate the data and record it in as per the applicable laws, rules and guidelines.

Notes:

i. All Contracts needs to be executed on or before 15th March of every year. Contracts needs to be vetted properly.

ii. School needs to prepare the safety and security plan including the annual calendar for the same on or before 15th March of every Year.

iii. School needs to review the policies, procedures, protocols etc. every year.

iv. School needs to collect the required certificates and renewals as per the Agreement related to 8 safety and security chapters.

v. School should conduct regular trainings and drills for the awareness of staff and support staff in relation to the safety and security of students.

Example:- Let’s assume you have a water compliance audit and for that you should have the following documents ready for audit:

• Contract covering water hygiene and cleanliness for respective vendors.

• TDS and PH certificate form a NABL accredited lab

• Checklists for water safety

• Registers for water safety

• Infrastructural safety regarding water taps and its cleanliness

• MOMs covering the safety aspects

• Policies and Protocols covering the water safety aspect

-:Thank you:- 

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