The Kerala State Commission for Protection of Child Rights has directed the State Police Chief to take action against people who misuse laws meant for protection of child rights, including Protection of Children from Sexual Offences (POCSO) Act, those using children to indulge in violence, adults trying to get protection by deliberately dragging children into their disputes, or those sending fake complaints.
Commission member Reni Antony also directed that action be taken against persons, even if they are children, who trespass and vandalise schools properties or other public institutions, and misbehave with teachers and other students.
The State Police Chief and the Director of General Education (DGE) have been asked to take steps in such cases on the basis of the Juvenile Justice (Care and Protection of Children) Act and other laws.
The commission also directed the DGE to prepare guidelines for installing and operating CCTV cameras in schools.
A project to train teachers and make them aware of the need to put an end to neglect of children in conflict with law and taking action in accordance with the JJ Act should be implemented, the commission said.
The commission was acting on a petition from the mother of a student at SVV Higher Secondary School, Thamarakudi, Kollam, who alleged that the school compound was under camera surveillance for the past three years. Teachers were, however, using this to intimidate students. As this was very stressful to the students, her son and friends had entered the school compound at night and destroyed the cameras. Following this, the Kottarakara police had registered a case against them. The cameras, the parent alleged, had been installed without following any guidelines.
Replying to a notice from the commission, the school headmistress said the petitioner’s son was indisciplined and weak in studies. He was in touch with people with criminal tendencies outside school. Moreover, the school had experienced a series of thefts and vandalism, forcing the manager to install CCTV cameras. The student had also been seen harassing a girl and warned by teachers. Angered, the student destroyed some CCTV cameras and stole a few, leading to his arrest.
The Kollam Deputy Director of Education and the district education officer (DEO) concurred with the headmistress. The DEO’s report also claimed that mental stress on account of the cameras had not been observed in other students, parents, or teachers.
The commission said strict action should be taken against anti-social elements entering schools and destroying property. There could be no defence of the petitioner’s son destroying CCTV cameras at the school. No action in the name of protection of rights that adversely affected students and society should be defended through child protection laws. Teachers should try to impress upon students that rights were based on duties. Legal action should be taken in cases of destruction of school property in league with outsiders even if by a student who is a minor.
