The Delhi High Court, in response to a petition filed on its own motion, has issued a series of detailed guidelines for the functioning of the Child Safety Monitoring Committee (CSMC). The Committee, established pursuant to a Court order dated September 27, 2023, was tasked with overseeing the implementation of safety standards in schools in the National Capital Territory of Delhi (GNCTD).
Brief Facts of the Case:
In the matter before the Delhi High Court, the genesis of the case lies in the Court’s suo motu cognizance of an alleged sexual assault on a 3-year-old girl in a South Delhi school. The Court initiated a PIL based on an article published in the Times of India on August 4, 2023, titled "3-year-old sexually assaulted by school cleaner in south Delhi." This incident prompted the Court to delve into the broader issue of school safety, leading to the establishment of the Child Safety Monitoring Committee (CSMC) through an order dated September 27, 2023.
Contentions of the Parties:
The primary contention presented to the Court revolves around the need to monitor and enhance the implementation of minimum standards of school safety, as outlined in the Circular dated 07.11.2017 issued by the GNCTD. The petitioner sought approval of guidelines and procedures for the CSMC in discharging its duty.
Observations by the Court:
The Court directed that the CSMC, headed by Dr. R.M. Sharma, must conduct inspections of schools collectively. While the Chairperson may, in exceptional circumstances, allow individual members to conduct independent inspections, their findings must be submitted in writing and approved by the Chairperson. Unsatisfactory reports may lead to the Chairperson re-inspecting the school and preparing a fresh report.
The guidelines emphasize transparency and accountability in the inspection process. Inspection proceedings will be led by the Chairperson, who will consider written suggestions from Committee members. The decision of the Chairperson will be final and binding. Members are restricted from direct interaction with school authorities, and the inspection of classrooms, toilets, and similar areas will be documented through photography.
Several key directives address specific safety concerns. The guidelines mandate the supply of the police verification of guards and staff by the school management, with potential suspension for non-compliance. Additionally, school bus drivers must undergo regular police verification and breathalyzer tests, with contractors ensuring compliance for hired buses. The Court underscored the importance of these measures in ensuring the safety of children.
In summary, the Delhi High Court issued the following guidelines:
- Collective Inspections: The Court directed that no member of the CSMC would be permitted to inspect schools independently. The entire Committee, headed by the Chairperson Dr. R.M. Sharma, is mandated to conduct inspections collectively. However, in exceptional circumstances, the Chairperson may allow individual members to inspect independently, with their findings subject to approval. Unsatisfactory reports may prompt the Chairperson to re-inspect and prepare a fresh report.
- Decision-Making Authority: The proceedings of the inspection are to be conducted by the Chairperson, and while committee members may provide written suggestions, the decision of the Chairperson is deemed final and binding on the Committee.
- Restricted Interaction: Committee members are prohibited from direct interaction with the head or manager of the school or any other school authority.
- Checklist and School Response: The checklist attached with the Circular on school safety standards is to be supplied to the school management/head at the time of inspection. The school is provided with an opportunity to furnish comments and representations related to compliance within a stipulated period.
- Transparent Inspection Process: The Chairperson is required to inspect classrooms, toilets, and analogous areas, photographing them to ensure transparency in the inspection process.
- Police Verification: The management/head of the school must supply police verification of guards and staff, especially those stationed outside female children's toilets. Failure to produce verification may lead to suspension pending verification.
- Bus Driver Verification: The management must produce police verification of school bus drivers during inspections. Regular breathalyzer tests for drivers are mandated, and in cases of contracted buses, contractors must ensure police verification and breathalyzer tests.
- Inspection Report: The inspection report, prepared by the Committee and dictated by the Chairperson, must be recorded in writing and documented.
- Scheduling and Attendance: The Chairperson, as the head, decides which school to inspect on a given day. Advance intimation is to be given to committee members, and their absence during inspection allows the Chairperson to proceed with the inspection.
- Timing of Inspections: Inspections are to be conducted during school hours (7:00 am to 2:00 pm), and members are not allowed to leave the premises without completing the inspection.
- Meeting Procedures: Any meeting agenda is framed and raised by the Chairperson, who presides over the meeting. While member suggestions are considered, in case of differing opinions, the Chairperson's decision is final.
Decision of the Court:
The matter will be listed for reporting and further directions on April 18, 2024, as per the Court’s order. The CSMC was constituted to monitor the implementation of a circular issued by the GNCTD in 2017, outlining minimum standards for school safety.
Case Name: Court On Its Own Motion vs. Government of NCT Of Delhi
Coram: Hon’ble Chief Justice Satish Chandra Sharma and Justice Tushar Rao Gedela
Case No.: W.P.(C) 10542/2023
Advocate of the Petitioner: Hemant Sharma
Advocates of the Respondent: Santosh Kumar Tripathi, Arun Panwar, Pradyumn Rao, Utkarsh Singh, Kartik Sharma, Prashana Sharma and Rishabh Srivastava
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