The Gujarat government has issued a new circular regarding the admission of outsiders into government schools. The Department of Education has published a complete set of rules, referencing Supreme Court rulings.
Under these rules, any external visitor must obtain prior written permission from the director or head of the institution to enter the school premises, and must also register their details in the visitor log before commencing their visit.
The circular emphasizes that the state government bears a special responsibility for the safety, dignity, confidentiality, and well-being of all students in government schools, in accordance with the principle of 'In Loco Parentis' (a responsibility analogous to that of a parent). Article 21 of the Indian Constitution guarantees every child the right to life, dignity, and privacy. Furthermore, in the case of K. S. Puttaswamy (retired) vs Union of India, the Supreme Court recognized the right to privacy as a fundamental right under Article 21 of the Constitution.
The policy and guidelines of the National Commission for Protection of Child Rights (NCPCR) also stress that every school must provide a safe, protected, and child-friendly environment, protecting children from exploitation and privacy violations.
To ensure regulated access to primary, secondary, and higher educational institutions, as well as to guarantee the safety, protection, and confidentiality of students and staff, the following instructions must be strictly adhered to:
- Any outsider must obtain prior written consent from the director or head of the institution to enter the school premises. An exception is made only for government officials duly authorized to perform their official duties.
- Every visitor must enter their details in the visitor log before entering the school premises.
- Entry into classrooms, laboratories, libraries, hostels, sports grounds, toilets, or any other area where classes are held without permission is only allowed when accompanied by the director, a school teacher, or an authorized school employee, and with prior written permission from the director/head of the institution.
- Photographing, video recording, interviewing, audio recording, or live streaming students, teachers, or school activities without prior written permission from the director is prohibited. Such actions may only be approved for legitimate purposes.
- School staff are obliged to ensure that the collection, publication, or dissemination of students' photographs, videos, or personal information does not harm their privacy, dignity, or safety.
If anyone enters the school without permission, refuses to leave the premises, attempts unauthorized photography or videography, or obstructs school operations, the director must immediately notify the local police, as well as the district education director/district primary education director/administrative officer/tauka primary education officer, and take necessary action in accordance with prevailing laws.
The director also has the right to deny entry to any visitor who may negatively affect the safety, confidentiality, discipline, or academic atmosphere of the school, provided prior written permission is obtained.
Furthermore, a visitor cannot collect a child's personal information or publish their image or identification data without the director's prior written permission, unless such activity aligns with the best interests of the child and does not affect their safety, dignity, or privacy.
All inspection staff must ensure strict compliance with the above instructions. The director/head of the institution may require any outsider to leave the school premises as necessary.
Local police assistance may be called upon if necessary, and depending on the facts and circumstances of the case, action may be initiated under the Code of Criminal Procedure of India 2023, the POCSO Act of 2012, the Juvenile Justice (Care and Protection of Children) Act of 2015, the Information Technology Act of 2000, and other applicable laws.