Rajasthan High Court – Jaipur
Suo Motu In The Matter Of Safety And Well … vs Union Of India on 28 July, 2025
Author: Anoop Kumar Dhand
Bench: Anoop Kumar Dhand
[1]
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
IN RE: Safety and well-being of School Going Children.
JUSTICE ANOOP KUMAR DHAND
ORDER
28.07.2025
Reportable
By the Court:
1. A nerve shocking, heart breaking and society rocking news
was widely published in Electronic, Print and Social Media that on
account of collapse of ceiling and wall of a class-room of a
Government Upper Primary School situated in Village Piplodi,
District Banswara on 25.07.2025 wherein tragically, seven children
(including two siblings) lost their lives, while dozens of other
children sustained serious injuries and are currently battling for
their lives in the hospital.
2. In its report on ‘Safe and Secure Environment’ the child
rights body viz., National Commission for Protection of Child
Rights (NCPCR) highlights a critical concern regarding school
infrastructure across the Country. Based on a survey conducted in
12 States, including Rajasthan, covering over 26,000 schools, in
terms of the safety and security of the Children studying in School
buildings, the report reveals that approximately 22% of
operational school buildings are in a dilapidated condition. Around
31% of schools were found to have structural cracks, raising
serious concerns about the safety and security of children studying
in these buildings.
(Downloaded on 28/07/2025 at 09:59:57 PM)
[2]
3. Schools are critical institutions, entrusted with the
responsibility of shaping the citizens of tomorrow. A safe and
secure environment is a prerequisite for effective teaching and
learning. Thus, ensuring the safety of children, teachers and staff
members during disasters is necessary & imperative. Prioritizing
children’s safety not only safeguards their well-being but also
reinforces the role of schools as secure shelters, enabling them to
serve a dual purpose as evacuation centers during emergencies.
4. According to the Unified District Information System for
Education (UDISE) reports, the Government of Rajasthan allocates
approximately 6% of its total budget on education, yet the State
continues to lag in infrastructural development of Government
schools. In 32% of these schools, there is no electricity
connection, forcing children to study under extreme head
conditions. Sources from the Education Department further reveal
that over 50% of the primary schools are operating without
electricity.
Similarly, 9% of the Government Schools in State lack
functional drinking water facilities on their premises.
Approximately 9% of the Government Schools also do not have
boys’ toilets, while 10% are without girls’ toilets.
5. The lack of toilet facilities for girls in schools, often forces
them to ‘hold on’ and delay urination until they return home. Many
girls even avoid drinking water during school hours, fearing they
will have no access to toilet in school, when needed. Medical
research has shown that deferring urination can lead to Urinary
Tract Infections (UTIs), distended bladders, and various
gynecological problems. Moreover, lack of sanitary protection and
(Downloaded on 28/07/2025 at 09:59:57 PM)
[3]
absence of toilets, for changing sanitary napkins or tampons,
during menstruation, significantly increases the risk of toxic shock
syndrome. The long-term health consequences of regularly
controlling the bladder are well-documented and recognized
worldwide.
6. The lack of access to free sanitary pads in schools
significantly affects girls’ health, well-being and education.
Without proper menstrual hygiene products, many girls experience
discomfort, a higher risk of infection, and increased absenteeism.
The absence of separate girls’ toilets coupled with non-availability
of free sanitary pads, hampers their academic performance and
limits their future opportunities.
7. According to the UDISE report, around 74% of schools have
library. However, the students often complain that these are
merely small rooms, poorly equipped with few books, falling far
short of a functional library. The concept of developing proper
libraries in Government schools remains largely unimplemented.
The situation is even worse when it comes to computer facilities.
Only 30% of schools in the State have access to computer and out
of those, only 24% have functional internet connectivity, severely
restricting digital learning opportunities. Rural areas are the most
affected, with schools often lacking basic classrooms, teaching
materials, and even boundary walls..
8. Right to Education is a fundamental right, guaranteed under
Article 21-A of the Constitution of India. However, in India and
particularly in rural and tribal areas of the State of Rajasthan,
access to quality education continues to be a significant challenge.
(Downloaded on 28/07/2025 at 09:59:57 PM)
[4]
9. School infrastructure plays a pivotal role in creating a
conducive learning environment and inadequacies in this sphere
can severely affect the student’s retention and academic
performance. Despite being the largest state in India, Rajasthan
continues to struggle with low literacy rates, especially among
females.
10. Despite significant progress in expanding access to education
in India, the condition of school infrastructure across the country
remains a major concern. According to the latest data released by
the Unified District Information System for Education Plus
(UDISE+), maintained by the Ministry of Education, infrastructural
deficits continue to hamper the quality of education, especially in
government-run schools.
11. Out of the 14.71 lakh schools in India, a staggering 1.52
lakh schools still operate without functional electricity. Among the
10.17 lakh government-run schools, only 9.12 lakh have access to
functional electricity, while the remaining continue to function in
darkness. In contrast, among the 4.54 lakh government-aided,
private, and unaided schools, 4.07 lakh schools have electricity.
12. Access to digital learning tools is similarly uneven. Only 57%
of schools have functional computers, and a mere 53% have
internet access. Out of the total 14.71 lakh schools, only 7.48 lakh
have computers for pedagogical purposes, and 7.92 lakh schools
are connected to the internet. Government schools lag
significantly behind in this area, with only 4.42 lakh (43.5%) of
them having functional computers, compared to 2.34 lakh
(70.9%) of 3.31 lakh private unaided schools.
(Downloaded on 28/07/2025 at 09:59:57 PM)
[5]
13. Basic amenities like drinking water and toilet facilities are
also inconsistently available. Although 14.47 lakh schools claim to
have drinking water facilities, only 14.11 lakh report them as
functional. In government schools, 9.78 lakh of the 10.17 lakh
institutions have working drinking water systems. However,
24,580 schools across the country still do not have any drinking
water facility within their premises.
14. Toilet infrastructure also presents serious gaps. While 14.50
lakh schools claim to have toilet facilities, only 14.04 lakh have
functional toilets. Approximately 67,000 schools still operate
without functional toilets, and the majority of these (46,000) are
government-run. The situation is even more dismal for children
with disabilities. Only 3.37 lakh government schools have
disabled-friendly toilets, accounting for just 33.2%, and only
30.6% of those are functional. Government-aided schools fare
slightly better, with 35,640 (44.4%) of 80,313 schools equipped
with disabled-friendly toilets.
15. Accessibility remains a challenge as well. Although 11.34
lakh schools have ramps, only 7.69 lakh (52.3%) are fitted with
handrails, which are crucial for students with mobility issues.
Additionally, co-curricular development is grossly neglected. Only
2.57 lakh schools (17.5%) across the country have arts and crafts
rooms, with government schools accounting for just 9.9% of this
number.
16. Science education also suffers due to inadequate laboratory
infrastructure. Among the 2.86 lakh schools that offer secondary
education, only 1.6 lakh have integrated science labs. In
(Downloaded on 28/07/2025 at 09:59:57 PM)
[6]
government secondary schools, only about half (50.2%) of the
1.19 lakh institutions have this facility.
17. Furthermore, the adoption of sustainable energy solutions
like solar panels is still limited. Only 1.54 lakh schools (10.5%)
across India have installed solar panels. Within government
schools, this figure is even lower-just 89,746 schools (8.8%) have
adopted solar energy solutions.
18. These findings underscore the urgent need for systemic
reforms and greater investment in school infrastructure,
particularly in government-run institutions. Bridging these gaps is
essential not just for the holistic development of students but also
for ensuring equitable access to quality education across urban
and rural India.
19. Rajasthan, India’s largest state by area, has made visible
progress in improving literacy over the years, but it continues to
struggle with significant challenges in educational infrastructure,
especially in rural and underdeveloped areas. Despite allocating
around 6% of its total state budget to education, the conditions in
many government schools remain inadequate. A considerable
number of schools function without electricity, which forces
students to study under extreme weather conditions. The
availability of drinking water and sanitation is also far from
satisfactory-about 9% of schools lack functional drinking water,
while around 9% do not have boys’ toilets and 10% lack toilets for
girls, posing serious health and safety issues, particularly for
female students.
19. These conditions discourage student attendance and often
lead to higher dropout rates.
(Downloaded on 28/07/2025 at 09:59:57 PM)
[7]
20. The issue is not limited to government schools. Private
schools, too, have been found lacking in essential infrastructure.
Over 40,000 private schools in the state were fined for failing to
provide facilities accessible to students with disabilities,
highlighting non-compliance with basic inclusivity standards.
Additionally, sports and physical education are widely neglected.
Surveys show that half of the schools do not offer compulsory
physical education, and many lack proper sports equipment and
dedicated time slots for physical activity, which is crucial for
overall student development.
21. Gender disparity is another significant concern. Rajasthan
has one of the lowest female literacy rates in India, at around
52.66%. Cultural norms, early marriage, child labor, and safety
concerns due to inadequate facilities all contribute to the low
enrollment and retention of girls in schools. Although the state has
shown improvement in the Performance Grading Index (PGI),
reaching Level 2 with a score of 903 in recent years, much work
remains to be done to ensure that all students receive equal and
quality education.
22. In a major educational push, the previous Rajasthan
government converted 3.737 Hindi medium schools into Mahatma
Gandhi English Medium Schools to promote English education
across the state. However, five years on, the ambitious initiative is
facing a severe setback due to poor infrastructure, lack of trained
English-speaking teachers, and declining student interest.
23. Building safe schools should be priority for architects,
engineers, policy makers, administrators and emergency response
planners. Among all public facilities, children in schools are the
(Downloaded on 28/07/2025 at 09:59:57 PM)
[8]
most vulnerable during disasters. A large number of schools
specially in congested urban centers and rural areas are exposed
to various hazards. School safety includes within its ambit
structural safety of the buildings.
24. “School Safety” has been defined as creating a safe
environment for children, starting from their homes to their
schools and back. This includes safety from any kind of abuse,
violence, psycho-social issue, disaster: natural and man-made,
fire, transportation. Emotional Safety is especially important
because it is often difficult for the teachers and parents to detect
the emotional problems and difficulties in children. Bullying can
cause victimized students to suffer from lower self esteem and
clearly stress about their well being.
25. The shortage of schools, especially nearby schools, severely
affects boys, girls and children with disabilities. The Government
Policies like the National Education Policy (NEP) 2020, emphasizes
that a school should ideally be located within 1 Km of habitation at
the primary level and within 3 to 5 Kms at the secondary level – a
goal far from being achieved in many districts.
26. Non-availability of schools in many villages across the State
is a silent crisis that undermines the right to education for
hundred or thousands of children. Strengthening physical access
to schools must remain a policy prioritizing to ensure that every
child, regardless of geography or gender, has the opportunity to
receive quality education.
27. Every child in the State has the right to receive education in
a safe school environment. It is the paramount duty of the State
to improve educational infrastructures and provide a safe shelter
(Downloaded on 28/07/2025 at 09:59:57 PM)
[9]
for all school-going children. The lack of safe infrastructure in
educational institutions has been highlightedly in the media
reports and the data/report prepared by UDISE.
28. The Government has made efforts to improve the
educational landscape in the States, but still major infrastructural
and systematic gaps persist. Addressing these challenges requires
dedicated investment in school infrastructure and regular
monitoring to promote the importance of education for every
child. Only with such a comprehensive approach, the State can
ensure that every child, regardless of location or gender, has
access to safe, inclusive and high quality education.
29. Taking a serious note of the situation, this Court treat this
order as a Suo Motu petition titled as
Suo Motu: In the matter of Safety and well-being of school going
children.
VS.
(1) Union of India through Secretary, Department of Education
and Human Resources, New Delhi.
(2) Government of India through Secretary, Ministry of Women &
Child Development, New Delhi.
(3) Chief Secretary, Government of Rajasthan, Secretariat, Jaipur.
(4) Additional Chief Secretary, Department of Education,
Government of Rajasthan, Secretariat, Jaipur
(5) Principal Secretary, Department of Woman and Child Welfare,
Secretariat, Jaipur.
(6) National Commission for Protection of Child Rights (NCPCR),
New Delhi through its Chairperson.
Issue show cause notices to the respondents as to why the
following directions be not issued to them:-
(Downloaded on 28/07/2025 at 09:59:57 PM)
[ 10 ]
(i) To conduct a comprehensive survey of every educational
institutions in the State to ensure that the school premises are
safe and not in dilapidated condition that could pose a threat to
the lives and safety of students.
(ii) To ensure that all the schools in the State implement
adequate measures to ensure the safety of their students.
(iii) To provide appropriate compensation to the parents of the
children who have lost their lives as well as to all the students,
injured in the school disaster and to ensure access to quality
medical treatment and continued education for the affected
children in future as well.
(iv) To ensure that both urban and rural areas have sufficient
number of government schools for the children proportional to the
population of the area.
(v) To ensure that every school has separate and hygienic toilets
for boys and girls.
(vi) To ensure that free sanitary napkins are provided to girls in
all the schools.
(vii) To ensure regular supply of electricity along with adequate
lighting and fan facilities in all classrooms for the students, the
teachers and the staff working in the school premises.
(viii) To establish libraries with all relevant books and computer
labs equipped with adequate and reliable internet facilities for the
students.
(ix) To develop an online portal and website at every district
level, where the students and their parents can submit their
grievances including issues related to school infrastructure, with
(Downloaded on 28/07/2025 at 09:59:57 PM)
[ 11 ]photo evidence and other issues affecting and relating to their
studies.
(x) To create a “Redressal Mechanism Forum” to look into the
grievances of the students/the parents and resolve the same
quickly without any delay.
(xi) To fix liability and accountability upon the individuals for poor
quality construction of school infrastructure and in the event of
any causality or tragedy, in future, to recover the cost of
construction from the negligent individuals found liable and
responsible.
(xii) To hold a discreet enquiry against all the individuals who are
responsible for such incidents and initiate appropriate
departmental and criminal actions against them.
(xiii) To constitute district-wise monitoring committees to oversee
the infrastructure of all the schools lying in urban and rural areas
on monthly basis.
(xiv) To promote free sanitary pads to girls by installing sanitary
distribution/vending machines near girls’ toilet in the school
premises.
30. It is the right time and high time for the Centre and the
State Governments to improve the education system in urban and
particularly in rural areas to promote inclusive national growth and
development. By addressing infrastructure deficits, shortage of
schools and teachers, technological gaps and by implementing
impactful policies, we can ensure that every child, regardless of
their location, has the opportunity to learn, grow and contribute to
elevate the country’s standing on the global stage.
(Downloaded on 28/07/2025 at 09:59:57 PM)
[ 12 ]
31. Let a report be summoned from the Chief Secretary of the
State of Rajasthan and Secretary of the Ministry of Education and
Child Development, New Delhi, about the effective steps taken by
the State and the Centre, on the issues involved in this petition.
32. Let a copy of this order be sent to all the respondents for
their intimation and for submitting compliance report before the
Court on or before the next date.
33. List on 01.08.2025 at the top of the list before the Bench
having roster of Public Interest Litigation.
(ANOOP KUMAR DHAND),J
Karan/Ashu/KuD/Ayush
(Downloaded on 28/07/2025 at 09:59:57 PM)
Powered by TCPDF (www.tcpdf.org)
[ad_1]
Source link