Bhupendra Patel’s Controversial Circular: Entering a School Could Become a Criminal Offense

Ahmedabad, October 22, 2026
The Education Department of the Gujarat government has issued a circular prohibiting the entry of unauthorized individuals into schools. Furthermore, photography and videography without prior permission have also been banned. The faltering administration of Bhupendra Patel describes this decision as a significant step toward ensuring student safety and maintaining a proper educational environment. Conversely, the decision has drawn sharp reactions from parents, the media, and concerned citizens.
The details of this controversy and the arguments presented by the respective parties are as follows:
The Education Department’s Stance and Rationale
Student Safety and Privacy: According to the government, the primary objective of this circular is to ensure the safety of children within schools and to protect their privacy.
Regulation and Discipline: To prevent any disruption to academic activities, it will now be mandatory for any outsider entering school premises to obtain prior written permission from the principal and register in the visitor log.
Legal Provisions: The circular states that anyone who violates these rules or engages in unauthorized recording will face strict action under the ‘Bharatiya Nyaya Sanhita’ (BNS) and the POCSO Act.
Key Concerns of Parents, Citizens, and the Media
Questions Regarding Transparency: Critics argue that if the standard of education and the facilities in schools are adequate, why is there a need to fear the presence of cameras or the media? There is concern that the requirement to obtain prior permission from the principal could be used to suppress the reality on the ground.
Physical Condition of Schools: This rule could hinder the exposure of issues within government schools—such as dilapidated buildings, a lack of drinking water, or unhygienic restrooms. Raising a voice against irregularities: In the past, instances of teacher absenteeism, misconduct, or safety lapses were primarily brought to light by the media and parents. A ban on cameras increases the likelihood that such incidents might remain hidden. Legal jurisdiction: Experts are questioning whether it is appropriate to invoke a serious law like the POCSO (Protection of Children from Sexual Offences) Act based on this circular, and whether these rules would hold up legally if challenged in court.
Thus, while one side emphasizes the legal aspects of child safety, the other—from a democratic perspective—advocates for maintaining transparency and accountability within the government school system. Legal questions regarding the POCSO Act:
The circular states that individuals who enter a school without permission or engage in videography may face action under the POCSO (Protection of Children from Sexual Offences) Act. Legal experts and parent associations have raised two primary concerns regarding this provision:
The core intent of the law: The POCSO Act was enacted in 2012 specifically to protect children from sexual abuse, exploitation, and related offenses. Experts and legal professionals argue that entering school premises without authorization or recording the physical conditions of a school cannot be classified as a ‘sexual offence’ under the scope of the POCSO Act.

Legal challenge: Although the Gujarat School Management Association has supported this decision, it also plans to approach the government to request a review of the provisions related to the POCSO Act included in the circular. Should this matter be challenged in the High Court, the provision to register a case under the POCSO Act—based solely on unauthorized entry—would likely not withstand legal scrutiny. Government’s Rationale: The Education Department and officials state that, at times, videos or visuals are circulated on social media with malicious intent—content that compromises the privacy and dignity of children. This negatively impacts children’s mental health; therefore, this legal provision has been introduced as a protective measure.

2. Status of Similar Regulations in Other States
Directives restricting the entry of outsiders and the media into schools are not unique to Gujarat. According to government officials:

Haryana and Rajasthan: In these North Indian states, similar restrictive rules have previously been implemented to preserve the academic environment of schools and to prevent unauthorized photography or broadcasting. Uttar Pradesh (UP): In Uttar Pradesh, strict regulations are in place to curb unnecessary interference by outsiders in schools. These include requirements such as obtaining the principal’s approval and maintaining a visitor register.

3. Potential Impact of the Circular
Positive Aspects: Previously, in the absence of security guards, any stranger could enter school premises at will. Now, the implementation of formal entry procedures and the use of a visitor register will enhance school security. Negative Aspects (Concerns of Parents and Media): If school restrooms are unhygienic, classrooms are in a dilapidated state, or there are issues with the mid-day meal, it is highly unlikely that a principal would grant written permission to the media or parents to record videos. Consequently, the true state of the schools may remain hidden, which could undermine transparency.