COURT ON ITS OWN MOTION vs GOVT OF NCT OF DELHI AND ORS.

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* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 13293/2023 COURT ON ITS OWN MOTION ….. Petitioner
Through: versus
GOVT OF NCT OF DELHI AND ORS. ….. Respondents
Through: Ms. Nandita Rao, ASC (Crl.), GNCTD/R-1 Ms. Beenashaw Soni and Ms. Mansi Jain, Ms. Ann Joseph, Advocates for DU Mr. Arjun Mitra, Advocate for IIT Delhi Mr. Pritish Sabharwal, ASC, GGSIPU for R-5
% Date of Decision: 22nd April, 2024.
HON’BLE THE ACTING CHIEF JUSTICE HON’BLE MS. JUSTICE MANMEET PRITAM SINGH ARORA JUDGMENT MANMOHAN, ACJ: (ORAL)
1.
This Court had treated the newspaper report dated 09th October, 2023 published in the Indian Express titled “Harassment at college fests leaves students anguished, shaken” as a Public Interest Litigation The aforesaid newspaper report had highlighted lapses in security measures employed for annual college festivals organized by universities across the State, resulting in injuries, violations, and trauma for students attending such festivals.

2.
On the last date of hearing, learned counsel for Delhi Police had handed over a Standard Operating Procedure to be followed by the

University and Colleges while organizing events/festivals for ensuring
safety and security of students in general and female students in particular.
The Standard Operating Procedure prepared by the Delhi Police with
consent of Delhi University, IIT Delhi and GGSIPU is reproduced
hereinbelow:
“STANDARD OPERATING PROCEDURES (SOP) to BE FOLLOWED BY UNIVERSITIES AND COLLEGES WHILE ORGANIZING EVENTS/FESTIVALS FOR ENSURING SAFETY & SECURITY OF STUDENTS IN GENERAL AND WOMEN STUDENTS PERTICULAR.
This Standard Operating Procedure is being laid down in compliance of Order dated 10.11.23 of the Hon’ble High Court of Delhi in W.P. (C) No. 13293/2023, wherein the Commissioner of Police, Delhi was directed to convene a meeting with representatives of IIT, Delhi University and GGSPU and to prepare a Standard Operating Procedure clearly outlining the security measures to be put in place by Universities and Colleges for annual college festivals.
In pursuance of said order, Delhi Police has held extensive deliberations with representatives from IIT, Delhi, Delhi University and GGIPS University and the following SOP lays down the mutually agreed standards and protocols which are to be adhered to by all concerned stakeholders for ensuring safe and secure college festivals in the territory of Delhi.
1. Protocols to be followed by College Administration while holding
festivals:
i) No Student is to be allowed in the campus without a valid student Photo Identity Card (ID) of the University/College concerned and in the absence of the same, the identity of the student shall be verified from admission/fee receipt along with one more recognized identity document.
ii) iii) iv) Non-student friends and relatives of the students are not to be given entry to the event/festival. A limited number of pre-approved guests/audience (e.g. Judges/Sponsors/ parents/employees etc. may be allowed. There shall be earmarked Gates for Entry, Exit and Emergency Exit at the event/festival venues.
v) The exits and passages leading to the said gates should be kept clear of any obstruction/encroachment while the event/festival is being

conducted.
vi) The entry of students and visitors is to be allowed after proper frisking and security check, preferably through DFMDs & HHMDs by adequately trained outsourced private security guards.
vii) Student volunteers and faculty should be associated in crowd control measures during the event/festival. Such volunteer students and faculty should wear identifiable badges/caps so that they can be approached for help in case of need.
viii) No student is to be allowed to carry any objectionable or restricted/prohibited item from outside like hard/soft drinks/perfume bottles, alcohol & tobacco products, narcotics (in any form), weapon, fire arms etc.
ix) There should be separate and earmarked space/place for parking of vehicles of students’ and other invitees coming to attend the event/festival.
x) It should be ensured that adequate lighting is available in parking area alongwith presence of private security guards to keep a watch over any unwarranted activity inside the parked vehicles.
xi) There will be proper checking of underbody of vehicles with the help of inverted mirrors. Sufficient guards/volunteers should be deployed alongwith appropriate signages to ensure systematic parking.
xii) There should be diligent appraisal of the venue of the festival in terms of the footfall capacity and holding areas. Online registration should be preferred to mitigate overcrowding and consequential stampede like situation at the venue.
xiii) In case the programme/event is to be held in any auditorium/hall/ closed place, entry may be regulated through passes having single validity QR Codes; passes should be issued to the extent of 90% of the maximum holding capacity of the venue. The QR Code readers should ensure that photocopies of such passes/QR codes cannot be used to gain entry.
xiv) There should be a separate holding area adjacent to the auditorium/hall/closed place to regulate and facilitate entry into the event venue.
xv) There should be proper deployment of CCTVs, with adequate storage capacity to cover at all critical areas where students visit/gather inside the college/university premises, including the parking areas.
xvi) The CCTV recordings should be preserved for at least 30 days from the conclusion of events/festival.
xvii) Sufficient number of trained male and female private security guards should be deployed during the event/festival days. Personnel engaged from third party vendors for works inside the campus should carry valid photo ID Cards, failing which they are not to be allowed entry into the campus.

xviii) It must be ensured that only female workers/staff are allowed to access
and clean Girls Common Room, Girls/Ladies Toilet areas and Girls Changing Room. Female private security guard must be deployed in and around these areas and other areas frequented by female students.
xix) The Girls/Ladies toilet area must have all its windows/ventilation spaces sealed or covered with opaque glass from one side to ensure adequate privacy.
xx) Entry to the Academic Blocks and Hostel premises during event/festival should be restricted and available only to bonafide residents. The wardens of hostels must ensure that no alcohol gets stocked or consumed in hostel.
xxi) All the places in and around the venue, frequented by female students, should be properly searched for hidden cameras.
xxii) In case any incident of sexual harassment is reported during the event/festival, the same should be immediately brought into notice of local police for appropriate legal action.
xxiii) The structural and fire safety of the performance area/stage must be ensured. The organizers should obtain statutory fire clearance from the fire department as applicable. Sufficient First Aid measures should also be made available during the event/festival. xxiv) The University/College authorities should ensure that the boundary walls of premises/campus are high enough to avoid breach and trespassing. Provision of installing concertina wires above the boundary wall may also be explored to further deter such trespassing. xxv) All Universities/Colleges should have well thought out, written contingency plans in place for smooth evacuation, rescue and relief in case of any unruly or stampede like situation. xxvi) The list of events and performances by artists during event/festival must be shared with local police at least 15 days prior to the scheduled date to enable them to make appropriate assessment and lay down security arrangements in and around the place of function/venue, if required. xxvii)While deploying drone cameras during the event/festival, compliance of rules and regulations of Government of India in this regard must be ensured. xxviii) Dark spots within the college/university premises should be properly illuminated. xxix) College and University authorities should extend all necessary cooperation to Delhi Police as mandated by law during enquiry/investigation of any untoward incident, if it occurs during the event/festival. xxx) A Supervisory Committee consisting of teachers/professors/lecturers/ students should be formed to ensure the strict implementation of these protocols.

2. Protocols to be followed by Local Police during College festival:
i) The zones of responsibilities for safe and smooth conduct of event/festivals are clearly demarcated. While the organizers/ administrators of College/Universities shall be responsible for discharging protocols at the venue and within the College/University premises, local police shall be responsible for peripheral and contiguous area safety, security and traffic management.
ii) For the purpose, local police shall establish appropriate consultation and coordination mechanism with the College/University authorities and student bodies to ensure smooth conduct of event/festival.
iii) As most of the festivals are annual affairs with fixed dates, the University/College authorities are enjoined to share event/festival calendars with their concerned SHOs. Upon receipt of the same, local police shall carry out joint inspection of the venue and offer written advice and consultation on the security measures required to be arranged and put in place by the organizers/administrators.
iv) In order to promptly respond to any untoward incident reported from or any ERSS call arising from the venue, local police shall keep adequate number of reserve force in the vicinity of the venue under the command of upper subordinate officers for the duration of the event/festival.
v) In case where a visit/performance by a celebrity is scheduled during the event/festival, the organizer must intimate the local police of the same at least 15 days in advance. Upon receipt of such an intimation, local police will advice additional arrangements by way of barricading, crowd control measures etc. to be undertaken by the organizer and will guide and facilitate the organizer for obtaining the mandatory licenses and clearance for holding such an event.
vi) Where required, the local police shall utilize its resources in deploying mobile or temporary CCTV systems to cover the entry/exit gates and relevant peripheral areas outside the premises/campus.
vii) The local police shall mobilize adequate logistical resources like Anti Riot Gear, Ropes, etc. and place them at the disposal of the reserve designated for the event/festival.
viii) The local police shall requisition additional PCR Vans, Traffic Breakdown Vans and Traffic regulation staff to by positioned at/around the venue to assist in the overall arrangements.
ix) The local police may, in appropriate cases requisition assistance from Special Branch for collection of intelligence having a bearing on the safety and security aspects of the conduct of the event/festival.
x) In case any untoward incident, particularly pertaining to a female student, is reported during the events/festival, strict legal action under the relevant provisions of law should be immediately initiated.

xi) In case of any untoward incident/hooliganism being reported, local police shall enter the college/university premises to maintain law and order and also to restore normalcy only at the explicit request of the competent authority concerned, preferably in writing or in electronic form.
xii) The local police shall mobilize its Anti-Women Harassment Teams to remain on stand by while major scheduled events/festivals are being conducted.
The above mentioned guidelines are illustrative and indicative in nature. The College/University authorities are at liberty to bring in more venue specific measures to ensure safe and secure conduct of events/festival in consultation with Delhi Police.”
3.
Today, learned counsel for Delhi University, IIT Delhi and GGSIPU undertake that they shall follow the Standard Operating Procedures suggested by the Delhi Police along with the various directives/advisories issued by them. They clarify that their directives/advisories are not in conflict with the Standard Operating Procedure devised by the Delhi Police in any manner.

4.
Recording the aforesaid undertaking/statements by the Respondents, which are accepted by this Court, the present matter is closed. In the event the Standard Operating Procedure needs to be revised in the future, the parties shall be at liberty to do so with consent of all.

5.
Accordingly, the present petition stands disposed of.

ACTING CHIEF JUSTICE
MANMEET PRITAM SINGH ARORA, J APRIL 22, 2024/msh