Lok Sabha Question No. 1333 (UNSTARRED), answered on 2020-02-10
Subject: Safety of Students
Ministry: HUMAN RESOURCE DEVELOPMENT
Asked by: Rahul Ramesh Shewale

## GOVERNMENT OF INDIA MINISTRY OF HUMAN RESOURCE DEVELOPMENT DEPARTMENT OF SCHOOL EDUCATION & LITERACY

## LOK SABHA UNSTARRED QUESTION No. 1333 TO BE ANSWERED ON 10.02.2020

## Safety of Students

## 1333. SHRI RAHUL RAMESH SHEWALE:

Will  the  Minister  of  HUMAN  RESOURCE DEVELOPMENT be  pleased  to  state:

- (a) whether  the  Government  has  received  complaints  of    atrocities    against    students    in schools  in  the country  during  each  of  the  last  three  years  and  the current  year;
- (b) if so, the details thereof, State/UT-wise and the reasons  therefor;
- (c) the number of  incidents of killing/rape  of  students  in  school  come  to the  notice  of  the Government during the  said  period,  State/UT-wise;
- (d) whether the Government proposes to modify the existing  guidelings  intended  to  curb such  incidents  in schools  due  to  rising  crime  against  children  inside schools;
- (e) if so, the details thereof along with the time by which  such  guidelines  are  likely  to  be modified  and implemented  in  the  country;  and
- (f) the other steps taken by the Government in this direction?

## A N S W E R

## MINISTER OF HUMAN RESOURCE DEVELOPMENT (SHRI RAMESH POKHRIYAL 'NISHANK')

(a) to (c): Data  regarding  complaints  of    atrocities    against    students  and  incidents  of killing/rape of students in schools are not maintained in the Department of School Education and Literacy, Ministry of Human Resource Development (MHRD). Education being a subject in the Concurrent list of the Constitution, a majority of the schools are under the control of the respective  State  Governments.  The  State  Governments  and  Union  Territory  Administration have the direct responsibility to ensure safety and security of students  in schools under their respective States and UTs.

(d) to (f): The  RTE Act,  2009  prohibits  'physical  punishment'  and  'mental  harassment' under  Section  17(1)  and  makes  it  a  punishable  offence  under  Section  17(2).  The  National Commission  for  Protection  of  Child  Rights  (NCPCR)  and  the  State  Commissions  for Protection of  Child  Rights (SCPCRs) have been entrusted with the task of monitoring under Section 31 of the RTE Act, 2009. NCPCR has developed a Manual on safety and security of children  in  school  setting.  NCPCR  has  also  suggested  authorities  at  different  levels  such  as SMC, School Principal, School Management, Education Department and Boards, to conduct safety audits in schools. The  incidents  of  deaths  of  children  in  schools  have  been  viewed  seriously  and  this Ministry gives full importance to the physical safety and psycho-social well being of children in  schools.  This  Ministry  has  issued  Guidelines/Advisory  dated  26.03.2014  under  Section 35(1) of the RTE Act, 2009 to all the States and Union Territories for elimination of Corporal Punishment in Schools. Moreover, MHRD has issued guidelines in October, 2014 to all State/UT Governments for  ensuring  safety  and  security  of  school  children,  including  preventive  mechanisms  and procedures required to be put in place in the schooling system alongwith relief and redressal strategies in case of any incident. The  MHRD  has  also  issued  an  advisory  to  all  States  and  UTs  vide  letter  dated 18.10.2019 on School Safety Pledge and School Safety Display Board to ensure physical and psychological well-being of the children.

Following the  judgement given  in the  Writ Petition  (Criminal)  No.  136 of  2017  and Writ  Petition  (Civil)  No.  874  of  2017  by  the  Hon'ble  Supreme  Court,  this  Department  has prepared guidelines for fixing the accountability of school management in the matter of safety of children studying in schools.

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