The Hindu : National : Kumbakonam tragedy: notice to Centre, States

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Saturday, Sep 18, 2004

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Kumbakonam tragedy: notice to Centre, States

By Our Legal Correspondent

NEW DELHI, SEPT. 17. The Supreme Court today issued notice to the Centre, all States and Union Territories on a public interest litigation petition, seeking formulation of a comprehensive time-bound plan to ensure the safety of children in schools in the light of the Kumbakonam fire tragedy in Tamil Nadu on July 16, claiming the lives of 90 children.

A Bench consisting of Justice N. Santosh Hegde and Justice S.B. Sinha issued the notice on a petition filed by Avinash Mehrotra , who urged the Court to constitute a committee of jurists, legal experts and lawyers to formulate a comprehensive time-bound report for carrying out reforms in the safety standards prescribed for schools.

Model standards sought

The petitioner also urged the Court to evolve model safety standards as part of Article 21 and for free and fair exercise of fundamental rights under Article 14,15 and 19 of the Constitution. He submitted that transparency and openness were needed in the measures introduced to ensure effective safety for school buildings and for the children studying in them across the country. The Kumbakonam tragedy had prompted calls for higher safety standards in schools especially as more than 200 schools had been ordered to be closed in Tamil Nadu for safety reasons.

The petitioner submitted that there had been a proliferation of ill-equipped schools as the Government had cut spending on education to curtail the budget deficit. Public spending on education was sliding at a paltry three per cent of the gross domestic product, he said.

Most of the private schools were located in congested lanes and those in villages had thatched roofs made from coconut leaves or other cheap and easily available materials in flagrant violation of the building laws.

The petitioner prayed for a direction to all States to implement the time-bound plan to be prepared by the committee of experts. He wanted the Court to evolve model safety standards as part of Article 21 and for free and fair exercise of fundamental rights under Articles 14, 15 and 19 of the Constitution.

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