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2017 Supreme(Mad) 3326
IN THE HIGH COURT OF JUDICATURE AT MADRAS
MS. INDIRA BANERJEE, R. HEMALATHA, JJ.
M. Kalaichelvi - Petitioner
Versus
The Secretary, Ministry of Human Resource & Development, New Delhi & Another - Respondents
W.P. No. 31112 of 2017
Decided On : 04-12-2017
For the Petitioner:S. Mahaveer Shivaji, Advocate.
For the Respondents: T.N. Rajagopalan, Government Pleader.
The installation of CC TV cameras alone cannot eliminate abuse and harassment of children, and authorities must consider the feasibility, impact on education standards, and financial burden before making a decision.
Headnote:
CC TV Cameras - Installation in Schools - The court dismissed the writ petition seeking orders to install CC TV cameras in all public and private schools, emphasizing that while CC TV cameras may be of some assistance, their installation alone cannot eliminate abuse and harassment of children. The court highlighted the need for authorities to consider the feasibility of installation, the potential impact on education standards, and the financial burden on students before making a decision.
Fact of the Case:
The writ petition sought orders to install CC TV cameras in all public and private schools due to reports of incidents of sexual harassment and other forms of harassment of school children.
Finding of the Court:
The court dismissed the writ petition, emphasizing that the installation of CC TV cameras alone cannot eliminate abuse and harassment of children. It highlighted the need for authorities to consider the feasibility of installation, the potential impact on education standards, and the financial burden on students before making a decision.
Issues: The main issue was whether the court should order the installation of CC TV cameras in all schools and educational institutions to address incidents of harassment of children.
Ratio Decidendi: The court emphasized that while CC TV cameras may be of some assistance, their installation alone cannot eliminate abuse and harassment of children. It highlighted the need for authorities to consider the feasibility of installation, the potential impact on education standards, and the financial burden on students before making a decision.
Final Decision: The writ petition was dismissed, but the authorities were not prevented from taking any decision for the installation of CC TV cameras, if deemed expedient. No costs were awarded.
1. This writ petition has been filed seeking orders directing the respondents to install Close Circuit Television (CC TV) cameras in all public, private schools and other educational institutions within a time frame stipulated by this Court. Orders have been sought in the light of reports of incidents of sexual harassment and other forms of harassment of school children.
2. Installation of CC TV cameras may be of some assistance. However, whether, installation of CC TV cameras alone can remove the menace of harassment of children is a matter of examination.
3. A similar writ petition being W.P.No.5243 of 2015 filed in this Court earlier, seeking similar reliefs, was disposed of by an order dated 27.02.2015, whereby the Principal Secretary, Department of School Education, was directed to take a decision on the representation of the writ petitioner therein.
4. In the letter dated 24.7.2015 of the Principal Secretary to the Government, School Education Department, written pursuant to an order of a Division Bench in W.P.No.5243 of 2015 dated 27.2.2015, it is stated that installation of CC TV cameras in all classrooms and in the school premises would be prohibitively expensive.
5. It is for the authorities of the Education Directorate/Department to take a call on the feasibility of installation of CC TV cameras in all schools and educational institutions taking into account all relevant factors, including the extent of the need for installation of CC TV cameras, whether installation of CC TV cameras can eliminate abuse and harassment altogether, as also the expenditure in the installation of such CC TV cameras. The expenditure on installation of CC TV cameras in every educational institution would have to be estimated and a decision taken as to whether incurring of such expenditure on installation of CC TV cameras, in preference to improvement of infrastructure, and acquisition of better equipment, library books, etc., is for improvement of standard of education at the institutions. Since a decision has already been taken, any further direction on the respondents to take a decision would be an exercise in futility.
6. As rightly pointed out in the letter of the Principal Secretary, School Education Department, referred to above, the cost of CC TV cameras in private institutions would ultimately be passed on to the students, who would have to pay higher fees. It is, therefore, doubtful whether such mandatory orders for installation of CC TV cameras in all educational institutions all over the State can be passed at the instance of one public-spirited citizen, without consulting the body of guardians, who would have to pay the higher fees for such facilities.
7. The writ petition is not entertained and the same is dismissed. However, dismissal will not prevent the authorities from taking any decision for the installation of CC TV cameras, if deemed expedient. No costs.
