C Shivakumar @ Chennai:
The state government move to accord amnesty to educational institution buildings, including schools, constructed prior to January 1, 2011 in non-plan areas of Directorate of Town and Country Planning (DTCP) in Tamil Nadu violates the National Disaster Management Authority (NDMA) Guidelines of School Safety Policy, 2016, which is statutory in nature and framed after Supreme Court verdict last year, according to experts.
A Narayanan, the trustee and director of Change India, a Centre for Advocacy and Research, told Express that the Government Order according approval for buildings of educational institutions functioning prior to January 1, 2011 in non-plan areas is totally against the NDMA guidelines of 2016 which was drafted to comply with Supreme Court of India order dated August 14, 2017.
Interestingly, it was based on his petition, Madras High court has asked the director of school education to constitute a committee in each district to inspect all schools and ensure they conform to requisite building regulations and safety norms.
Narayanan says that regularization of school buildings built before 2011 without ensuring that the school buildings abide by National Building Code violates NDMA guidelines and tantamount to Contempt of Court.
However, Directorate of Town and Country Planning official says that no fresh permissions are being accorded to schools. “This is only for those schools that have been functioning prior to 2011. They have been functioning for ages and they abide by the fire safety norms. The concurrence is being given only after ensuring the structural stability is ascertained and the schools abide by the fire and other safety norms,” the official said.
The move by the government comes as the schools operating prior to 2011 have been suffering a lot with many wanting to migrate from matriculation to Central Board of Secondary Education schools so that state students could compete in NEET examinations, sources added as well as many want to renovate their buildings.
Association of Professional Town Planners (APTP) K M Sadanandh told Express that after the Kumbakonnam fire tragedy, the Supreme Court passed an order in 2009 and 2017 after going through the writ petition filed by Avinash Mehrotra in 2004. Prior to the order passed in 2017 by Supreme Court, NDMA had submitted Guidelines on School Safety Policy before the Apex Court and it was later made mandatory for the states to comply. A circular was issued to all states and union territories on September 1, 2017.
However, Tamil Nadu where the fire tragedy has happened has ignored the norms, alleges Sadanandh. And the current regularization scheme for schools, which spells out 10 norms of both state and Centre, fails to put forth conditions stipulated by NDMA, which are statutory in nature, when taken into account the safety of schools.
Interestingly, the GO also violates the Section 47-A of Town and Country Planning Act. According to APTP, the entire GO was allegedly prepared based on representation from schools and college association without complying to Base Act and Rule and building norms and code to ensure minimum safety & planning norms.
Narayanan says that it will be difficult for schools to comply by the norms as the officials have been giving conditional approval to all these buildings. The ball is before the apex court to ensure NDMA guidelines which were stipulated as per its order are complied.
Factfile;
1. The NDMA guideline which is statutory in nature says that all existing as well as new schools conform to safety standards as per the National Building Code.
2. The guidelines stipulate that ‘Recognition Certificate’ under sub-rule (4) 15 of Right of Children to Free and Compulsory Education Rules, 2010 be issued to only those schools that comply with safety norms prescribed by the state
3. It also calls for Review of progress on non-structural safety measures in schools
4. For design of structural standards of school building and its components such as corridors, staircases, side areas, quality of construction should be as per the National Building Code 2005
What state promised in its 2012 order;
1. The state has issued orders in 2012 suggesting measures to be followed for the safety of children studying in schools in all government or government aided and private schools in Tamil Nadu.
2. These include structural safety measures, safety precautions with regard to open wells, water tanks, septic tanks and staircases etc.
3. The order also talks of safe drinking water provision as well as safe sanitation facilities.
4. In addition, safe electrical connections, seating arrangements, assembly class room environment and infrastructure, school vehicles and first aid have been covered
(Source: NDMA ‘Guidelines on School Safety Policy, 2016)
Issues:
Issues:
1. Builders, promoters and contractors don’t have awareness to employ qualified professionals and engage in standard construction practices as per National Building code 2005.
2. The state government has yet to approve Tamil Nadu Common Building
The state government move to accord amnesty to educational institution buildings, including schools, constructed prior to January 1, 2011 in non-plan areas of Directorate of Town and Country Planning (DTCP) in Tamil Nadu violates the National Disaster Management Authority (NDMA) Guidelines of School Safety Policy, 2016, which is statutory in nature and framed after Supreme Court verdict last year, according to experts.
A Narayanan, the trustee and director of Change India, a Centre for Advocacy and Research, told Express that the Government Order according approval for buildings of educational institutions functioning prior to January 1, 2011 in non-plan areas is totally against the NDMA guidelines of 2016 which was drafted to comply with Supreme Court of India order dated August 14, 2017.
Interestingly, it was based on his petition, Madras High court has asked the director of school education to constitute a committee in each district to inspect all schools and ensure they conform to requisite building regulations and safety norms.
Narayanan says that regularization of school buildings built before 2011 without ensuring that the school buildings abide by National Building Code violates NDMA guidelines and tantamount to Contempt of Court.
However, Directorate of Town and Country Planning official says that no fresh permissions are being accorded to schools. “This is only for those schools that have been functioning prior to 2011. They have been functioning for ages and they abide by the fire safety norms. The concurrence is being given only after ensuring the structural stability is ascertained and the schools abide by the fire and other safety norms,” the official said.
The move by the government comes as the schools operating prior to 2011 have been suffering a lot with many wanting to migrate from matriculation to Central Board of Secondary Education schools so that state students could compete in NEET examinations, sources added as well as many want to renovate their buildings.
Association of Professional Town Planners (APTP) K M Sadanandh told Express that after the Kumbakonnam fire tragedy, the Supreme Court passed an order in 2009 and 2017 after going through the writ petition filed by Avinash Mehrotra in 2004. Prior to the order passed in 2017 by Supreme Court, NDMA had submitted Guidelines on School Safety Policy before the Apex Court and it was later made mandatory for the states to comply. A circular was issued to all states and union territories on September 1, 2017.
However, Tamil Nadu where the fire tragedy has happened has ignored the norms, alleges Sadanandh. And the current regularization scheme for schools, which spells out 10 norms of both state and Centre, fails to put forth conditions stipulated by NDMA, which are statutory in nature, when taken into account the safety of schools.
Interestingly, the GO also violates the Section 47-A of Town and Country Planning Act. According to APTP, the entire GO was allegedly prepared based on representation from schools and college association without complying to Base Act and Rule and building norms and code to ensure minimum safety & planning norms.
Narayanan says that it will be difficult for schools to comply by the norms as the officials have been giving conditional approval to all these buildings. The ball is before the apex court to ensure NDMA guidelines which were stipulated as per its order are complied.
Factfile;
1. The NDMA guideline which is statutory in nature says that all existing as well as new schools conform to safety standards as per the National Building Code.
2. The guidelines stipulate that ‘Recognition Certificate’ under sub-rule (4) 15 of Right of Children to Free and Compulsory Education Rules, 2010 be issued to only those schools that comply with safety norms prescribed by the state
3. It also calls for Review of progress on non-structural safety measures in schools
4. For design of structural standards of school building and its components such as corridors, staircases, side areas, quality of construction should be as per the National Building Code 2005
What state promised in its 2012 order;
1. The state has issued orders in 2012 suggesting measures to be followed for the safety of children studying in schools in all government or government aided and private schools in Tamil Nadu.
2. These include structural safety measures, safety precautions with regard to open wells, water tanks, septic tanks and staircases etc.
3. The order also talks of safe drinking water provision as well as safe sanitation facilities.
4. In addition, safe electrical connections, seating arrangements, assembly class room environment and infrastructure, school vehicles and first aid have been covered
(Source: NDMA ‘Guidelines on School Safety Policy, 2016)
Issues:
Issues:
1. Builders, promoters and contractors don’t have awareness to employ qualified professionals and engage in standard construction practices as per National Building code 2005.
2. The state government has yet to approve Tamil Nadu Common Building
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