The Gurgaon Administration’s decision to bring schools and educational institutions under the purview of the newly instituted punitive law enshrined in the Criminal Procedure Code (CrPC), 1973, is more than welcome. It is about time the government became pro-active on this issue. The atrocities on children - child abuse in many forms - are increasing by the day. It took an unfortunate incident in far away Bengaluru to trigger immediate preventive action on the part of the Gurgaon Administration. The heinous crime of child rape in a school in Bengaluru certainly exposed the myth that educational institutions are inherently safe for children. The directive now given to the institutions of learning, where hundreds of thousands of children are exposed to the lurking dangers of abuse, is to get cracking immediately …or pay a harsh price, including imprisonment. The Gurgaon District Magistrate’s order clearly accepts that schools are no longer safe havens for children. Recalcitrant school managements might find the going rough if they do not put in place the safety mechanism that have now been made mandatory by law. School principals, educationists and social workers have welcomed the DM’s move to impose the law under Section 144 of CrPC. Arti Chopra, Principal of Amity International, feels that there was definitely a need to create huge awareness about the menace that children are getting exposed to everywhere. “We totally appreciate the move and are already following these rules. We are also closely working with counsellors, who are equipped with the expertise of dealing with the different problems of children and child trauma.” Mrs. Chopra recognises the potential hazards of child abuse and agrees that such stringent measures (as announced by the DM) are now necessary, to ensure that a check is kept on the rising rate of crime and criminal activity. (Former) DM Shekhar Vidyarthi, who issued these instructions, says that the growing corruption and violence is having an adverse impact on every section of society, and even educational institutions are now getting exposed to them. Crime against children has gone up manifold. “This is a major cause for worry. In such a situation, the new law can hardly be over-emphasised. We have to take strict action against such offenders. By bringing the schools and educational institutions under the Act, the government has clearly sent the message that any lackadaisical approach by managements of such institutions will not be condoned. The law in fact likens negligence to an abetment to crime.”
Gurgaon has had its share of crimes against children; there have been instances of child abuse and other forms of violence. Children have been found to be sexually or otherwise abused because of faulty systems, inadequate screening of new staff or a sheer lack of awareness. The new law makes it imperative for schools and educational institutions to set up a School Safety Committee (SSC), the composition of which shall include a Vigilance Officer, a Safety Officer, an Administration-in-charge, a School Counsellor, three teachers (including the Principal) and at least four parents. In case there are ‘special’ needs, then it is compulsory for at least one parent of a ‘special’ child to be on the SSC. The law envisages that the parent will be chosen by a parent body and the name would be made public, so that every parent can represent his/her case for redressal by the SSC. The Committee will meet at least once a month, to take stock of all safety issues that need to be addressed. In case of special children, the schools are directed to create special facilities within their premises, or address their needs through collaborative efforts. These facilities include child development centres, children clinics, therapy centres and crèches. Schools will also have to mandatorily appoint a counsellor (a female in case of a girls’ school), whose role would be to advise the institution and take specific steps to mitigate risks. The counsellor must carry out awareness and education sessions with teachers, parents and children, on issues relating to child safety and on how to prevent child abuse, and also specifically handle problem cases. According to Ms Renuka Sahai, Principal of American Excelsior, the School has already taken similar steps, though now it will be more proactive as per the spirit and letter of the law, so that no ‘stones remain unturned’. “The School’s own committee also engages with teachers and students, in order to resolve issues locally,” she says.
The DM order has dwelt extensively on issues of school safety. Securing the premises in consultation with the management and parents, and installation and monitoring of CCTVs at strategic locations, are among the more important directives. Safeguards relating to hiring of staff, especially contractual staff – like detailed recruitment procedures and antecedent verification with previous employers - have to be taken seriously, so that the ‘wrong’ kind of people are kept well away from children. The Gurgaon Police has also prepared a set of comprehensive safety guidelines, especially for schools, through a consultative process. These guidelines are legally enforceable, as per the directive given by the DM. Further, while school administrations may have taken steps to avert such crimes within their premises, the danger still lurks in school buses or other school arranged transportation. The new law makes the schools accountable for even incidents that occur away from the schools’ premises.
Mandatory Rules and Regulation for SSC (School Safety Committee):
- Safeguards relating to entry and exist of students.
- Securing of premises in consultation with management and parents (including installation of CCTV at the entry/exist points to the premises, buildings and toilets).
- Safeguards relating to hiring of staff, including contractual staff, including antecedent verification.
- Education and awareness building for children, staff and parents. This will include specific sessions for staff on what behaviour is not acceptable (e.g. punishment of child by locking in a dark room, tying up, hitting, denying food/water).
- Setting up mechanisms to report cases of abuse – whether verbal, physical or sexual.
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Setting up of a feedback mechanism to ensure that accidents can be prevented – the most important being the presence of a counsellor.
Ensuring special attention to children with special needs. These children are at far higher risk of abuse and accidents. Measures include the provision of ramps and disabled friendly toilets. A protocol should be drawn up in consultation with the parents of such children, for the use of toilets and for therapy sessions.
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