Court Mandates Deployment of Safety Measures, Criticizes State's Apathy
The Bombay High Court, in a significant ruling on August 19, 2026, has issued stringent directives to the State of Maharashtra to ensure the safety of school children from wildlife attacks. The judgment was delivered by Justices Sharmila U. Deshmukh and Neeraj P. Dhote of the Circuit Bench at Kolhapur in the case of Harish Bhimrao Kamble v. State of Maharashtra. The court's decision comes in response to a Public Interest Litigation filed to address the grave risk faced by children attending schools in areas prone to wildlife encounters.
In its order, the court highlighted the statutory obligations under the Right to Education Act, 2009, the Wildlife Protection Act, 1972, and Article 21 of the Constitution of India, which collectively mandate the protection of children’s safety and life. The court expressed grave concern over the State's failure to adhere to its previous interim order dated April 2, 2026, which called for the identification of dangerous schools and the deployment of Safe School Transport escorted by a Rapid Response Team (RRT).
The court's directive includes the permanent stationing of the RRT near identified schools between 6:00 AM and 6:00 PM, and the placement of an Advanced Life Support (ALS) Ambulance at the Shittur-Warun primary center for emergencies. The court emphasized the necessity of these measures to secure the approach to schools, which is an absolute statutory mandate.
Despite the court's earlier order, the District Collector and the Forest Department have failed to take the required actions, prompting the court to demand an affidavit from these authorities within a week, explaining the reasons for non-compliance. The court has sternly warned that a failure to provide a satisfactory explanation will result in serious consequences.
The case brought to light the plight of 228 students from eight villages who face daily threats from wildlife while traveling long distances to attend school. The court was particularly disturbed by the fact that some children travel up to 30 kilometers and spend four hours walking due to the absence of transport facilities, describing the State Government's inaction as "appalling apathy."
This judgment underscores the judiciary's proactive stance in enforcing statutory protections for vulnerable school children and its willingness to hold state authorities accountable for lapses in ensuring safety and compliance with court orders. The matter is scheduled for further hearing on August 25, 2026, where the court will review the explanations provided by the concerned authorities.
Bottom Line :
Protection of school children from wildlife attacks - Directions issued to District Collector and Forest Department to identify dangerous schools prone to wildlife attacks and deploy safe school transport escorted by a dedicated Rapid Response Team (RRT). Advanced Life Support (ALS) Ambulance to be stationed at a primary center for emergencies.
Statutory provision(s): Right to Education Act, 2009, Wildlife Protection Act, 1972, Constitution of India, Article 21
