Implement school safety guidelines, Centre tells States

Context: In view of
protests over the alleged sexual assault on two four-year-old girls at a school
in Badlapur near Mumbai last week, the Union Education Ministry has directed
all States and Union Territories to implement its guidelines to ensure safety
and security of children in schools. The Ministry has also asked them to inform
the status of notification of the guidelines that it had issued in 2021 in
accordance with the Protection of Children against Sexual Offences (POCSO) Act.
 

Protection
of Children against Sexual Offences (POCSO) Act

·      
About: POCSO Act came into effect on
14^th November 2012 which was enacted in consequence to India’s
ratification of the UN Convention on the Rights
of the Child in 1992.

·      
Aim:
The aim of this special law is to address offences of sexual exploitation and sexual
abuse of children, which were either not specifically defined
or in adequately penalised. The Act defines
a child as any person below the age of 18 years. The Act
provides punishment as per the gravity of offence.

·      
Features:
Gender neutral nature- The Act recognizes that both girls
and boys can be victims of sexual abuse and that such abuse is a crime regardless of the gender
of the victim. This is in line with the principle that all children
have the right to protection from sexual abuse and
exploitation, and that laws should not discriminate based on gender. Ease in reporting cases- There is
sufficient general awareness now to report cases of sexual
exploitation of children not only by individuals but also by
institutions as non-reporting has been made a specific offence under the POCSO Act.
This has made it comparatively difficult to hide offences against children. Explicit definition of terms- The
storage of child pornography material has been made
a new offence. Further, the offence of ‘sexual assault’ has
been defined in explicit terms (with increased minimum punishment) unlike an
abstract definition of ‘outraging modesty of a woman’ in the Indian Penal Code.

·      
Amendments: The Act
was further reviewed and amended in 2019
to Introduce more stringent punishment including the death penalty for Committing sexual crimes on
children, with a view to deter the perpetrators & prevent
such crimes against children. The Government of India has also notified the POCSO Rules, 2020.

Key
points

·       Overview: The
Education Ministry’s “Guidelines on School Safety and Security” contain
provisions for fixing accountability on the school management in matters of
safety and security of children studying in government, government-aided and private
schools. The Ministry has further stated that implementation of these
guidelines is important to fix accountability for keeping children safe and
secure in schools, and when they use school transport to commute to and from
schools.

·       Steps taken: These
guidelines relate to the school management and principals and teachers for
private and unaided schools, and the head or in-charge head, teachers and
education administration in case of government and government-aided schools.
Further, the guidelines cover preventive education, accountability of various
stakeholders, reporting procedure, legal provisions, support and counselling,
and safe environment.