Supreme Court weighs need for detailed guidelines

While hearing the suo motu case arising out of the tragic flood incident in Delhi’s Old Rajinder Nagar in which three students lost their lives, the Supreme Court today called for an examination of the need for comprehensive guidelines/policies to ensure safe functioning of centers training .

“The learned Union/State counsels may also give their inputs to the learned Amicus, which will, however, examine the desirability of comprehensive regulations/policies dealing with all aspects necessary for the functioning of a safe training center, initially (with regard to to) NCR”, said the bank Judges Surya Kant and Ujjal Bhuyan.

The matter was provisionally listed on November 18.

The hearing began with Senior Lawyer Siddharth Daveappointed Amicus Curiae, placing before the court a note of suggestions prepared by him. This note included a reference to 7 existing legislations, including a Draft Model Regulation prepared by the Center at national level.

In another section, the Amicus note identified broad areas that would require consideration by the Court, i.e. fire safety, tuition fee regulation, student to classroom area ratio, student to teacher ratio, installation of CCTV without violating the privacy, medical facilities, mental health care, etc.

The Amicus also stated that there will be criminal and vicarious liability for people who own buildings/floors where the training centers operate: “It cannot be that they are allowed to get away with it…opening a center, then deaths occur, and then there is no responsibility…”.

Finally, it was suggested that there should be some oversight mechanism. Agreeing with this, Justice Kant said that the mechanism should also be permanent so that measures can be taken to prevent untoward incidents.

Speaking of the legislative mandate of inclusive growth, Justice Kant further opined that training centers also need to accommodate students with special abilities and sensitivity to the safety of female students. “The facility itself (where the training center operates) must be a very safe place…”said the judge.

Emphasizing that there is nothing contradictory in the matter, Minister Kant also conveyed that there is a need for a uniform standard to be adopted by the states/UTs as far as possible. The judge highlighted that even if training centers cannot have independent medical facilities, they can have contractual agreements with hospitals so that medical assistance can be provided in a timely manner.

Notably, at one point, the Amicus also suggested that the Court could involve all states/Union Territories in the matter. In response, Justice Kant said the bench would first consider the NCR case and then perhaps move on to other states/UTs.

Senior Lawyer Garima Prashad appeared to responding authorities.

Bottom

A petition has been filed by the Coaching Federation of India against a Delhi High Court order dated December 2023, in which a series of directions were issued to effectively regulate the inspection exercise of all coaching centers.

Terming it frivolous, the Supreme Court dismissed the petition with a cost of Rs.1 lakh. However, it decided to take suo motu cognizance of the wider issue regarding the safety of training centres.

While issuing notification, the Court asked the Union Government and the Delhi Government to demonstrate the prescribed safety standards and the effective mechanism introduced.

In September this year, the petitioner Federation informed the Court that the cost of Rs.1 lakh had been deposited. Attorney General of India R Venkataramanion the other hand, it informed that a Committee has been constituted by the Government of India to investigate the Old Rajinder Nagar incident.

While hearing the parties, the Court directed the Committee to look into aspects including – (i) measures to be taken to prevent such incidents in future; and (ii) appropriate modification of the political regime and suggestions, if any, in this regard.

Case Title: COACHING FEDERATION OF INDIA Versus GOVERNMENT OF NCT OF DELHI AND ORS., Journal No. 30149-2024