Ryan International School murder: Hold schools liable for safety violations, victim’s parent moves SC [Read petition]
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Ryan International School murder: Hold schools liable for safety violations, victim’s parent moves SC [Read petition]

Murali Krishnan

Supreme Court yesterday issued notice to the Central government, CBSE and State of Haryana in a petition seeking guidelines to ensure safety of students in school and to fix liability on schools in the event of any violation of such guidelines.

The petition filed by one Barun Chandra Thakur, the father of the 7-year old boy who was murdered at Ryan International School in Gurugram, also seeks a CBI probe into the murder.

A Bench of Chief Justice Dipak Misra and Justices AM Khanwilkar and DY Chandrachud heard the matter.

In a petition drawn and settled by Advocate Sushil Kumar Tekriwal and filed by advocate Venkateswara Rao Anumolu, the petitioner has given details of various incidents in different schools across the country which had resulted in the death of students.

“This Hon’ble Court has been approached by the petitioner herein keeping in view the flagrant violations culminating into the vulnerability of the security and safety of the children studying in the schools all across the country which is not confined to one particular State and therefore the extra ordinary original jurisdiction of this Hon’ble Court under Article 32 of Constitution of India has been invoked.

Many children have lost their lives in the premises of different schools however, management of the schools have not taken any responsibility and have continued to operate in the same manner without any improvement and with full implement.”

The petitioner has made, inter alia, the following prayers:

  • “Issue a writ of mandamus or any other writ or writs whereby directions should be issued in the form of guidelines by which (i) liability, responsibility and accountability of the management of the school shall be obligated and fixed in clear terms in case of incident/ accident of any kind taking place when the child studying in the schools located across the country is in care and control of the schools including pertaining to the absolute safety and security of the children for; (ii) the license/recognition be forthwith revoked of those institutions who either fail to adhere the requisite criteria or fail in the audit conducted by the authorities at various levels or who are granted the recognition despite flagrant violations of the concerned law; (iii) a committee/ commission of a retired Judge of this Hon’ble Court shall be constituted for suggesting/recommending such guidelines to be framed and implemented in toto under the observance of this Hon’ble Court; (iv) an independent constitutional body/Tribunal shall be directed to be constituted by this Hon’ble Court to adjudicate such identical issues happening in the schools across the country as in the present case including various other cases narrated in this petition taking place across the country;
  • issue a writ in the nature of mandamus directing for a full proof, free, fair, independent and fearless investigation including an enquiry and investigation by CBI subject to the monitoring and intervention of this Hon’ble Court;
  • issue a writ in the nature of mandamus directing to various concern authorities and agencies not only to ensure absolute safety and security of each and every child studying in the schools all across the country but also direct the authorities and agencies to immediately crack action against all such schools, management, Director, Promoters and Principals for neglecting and ignoring the concern of security and safety of the children including the present Directors, Promoters and Principals of the subject school and holding the management criminally and  vicariously liable and responsible for all any and every act detrimental to the safety and security of the child in each and every school across the country even directing their prosecution even for a minor lapse or dereliction;
  • issue a writ in the nature of mandamus directing to the extent of laying down guidelines for implementing the concern and issues raised herein including directing de-recognition of all such institutions failing to adopt and adhere the statutory provisions in this petition in the light of the extraordinary exceptional and rarest of the rare situation arising qua the diabolical cold blooded murder of an innocent child”

The Court issued notice returnable in three weeks.

Read the petition below.

Barun-Chandra-Thakur-vs-State-of-Haryana-32-WRIT-watermark.pdf
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