The Essential Guide to Laws in Indian Early Education

Published in

First Crayon

10 min readMar 8, 2019

As your little one gets ready to head off to their very first school, it’s natural to worry about their experience. Parents can, however, rest easier knowing that there are many laws in place to protect their kids. But to make sure that these laws are followed, it’s our responsibility as parents to be aware of them, and more importantly, use them in case issues arise. To make things simpler, we’ve covered a few of the basics here. In this article, you will find how laws are developed around children, early childhood education, and their implementation.

Importance of Laws for Early Childhood Education

Before we look at the specific provisions for early education, it is important to understand the need for these laws.

The Right to Education is considered a fundamental right through the Constitution Act (2002). To secure this right, laws have been implemented, especially for early childhood where the earlier laws may not fully apply.
Young children cannot fend for themselves or stand up for their rights. In such cases, the state must make sure these vulnerable and dependent citizens are given their rights by law.
Early childhood education is quite subjective across the country. It is necessary to have laws that can establish a baseline for early education.
First few years of a child’s life are crucial. About 80% of their brain development is at risk if the first 6 years are not managed correctly.
There have been incidents recently where young children’s safety has been put at risk through sexual, physical or emotional abuse. Such laws are necessary both to prevent this behaviour and for parents to have recourse if their child is harmed.

It is important to note that most laws around early childhood education in India are not binding. While education is considered a fundamental right, many of the regulations are considered guidelines. As parents, we should focus the authorities’ attention on institutions which are flouting the following key laws (not exhaustive):

Conventions on Rights of the Child by the United Nations

The Conventions on the Rights of the Child (CRC) is a human rights treaty, which lays out the civil, political, economic, social, health and cultural rights of children. It came into force in 1990 and was ratified by India in 1992. Since all countries that sign the CRC are required to abide by it, many laws concerning children in India fulfil conditions set out by the CRC.

The Right to Education Act (RTE) in India

The RTE was enacted in 2009, and makes education a fundamental right for children between the ages of 6–14. It lays down certain duties for the government, teachers, schools and parents. It also covers laws regarding student-teacher ratios and punishment of children. The RTE covers ECCE in Section 11 by stating that the appropriate government should make arrangements to provide free preschool education to children of 3 to 6 years. This would prepare them for primary school as well as ensure their care until they reach the age of 6.

National Early Childhood Care and Education (ECCE) Policy

Recognizing that the period between 0 to 6 years is important for child development, the government proposed to lay down specific regulations for this age group. This resulted in the National ECCE Policy in 2013. Its aim is to ensure that children have access to preschool education and care. It does so by laying down standards for the running of preschools and daycares.

Regulatory Bodies

There are several regulatory bodies for Early Childhood Education who can be approached for prevention or redressal:

Ministry of Woman and Child Development (MWCD)

The Ministry of Woman and Child Development creates and enforces rule, regulations and laws around women and child development in India. It is headed by Maneka Gandhi at the time of writing this article. The Early Childhood Education and Care Policy was drafted by the MWCD, as an addition to the Right to Education Act.

National Commission for Protection of Child Rights (NCPCR)

The NCPCR works under the MWCD and is part of the government of India. It is responsible for implementation of the laws formed by the various government bodies. It engages in research on child rights, inquires into violations, and has several other fiduciary duties. It is chaired by Stuti Narain Kacker at the time of writing this article. The education division of the NCPCR created a set of guidelines for playschools and preschools based on the ECCE Policy (2013).

State Commissions for Protection of Child Rights (SCPCR)

Each State has its own commission that ensures that laws, policies and programs are in line with child rights. Their duties are much the same as the NCPCR, but their jurisdiction mainly extends to their state.

Note: The government body in charge of early childhood education is different from state to state.

Guidelines and Laws for Preschools

Based on the Early Childhood Care and Education (ECCE) Policy implemented in 2013, the NCPCR issued following guidelines for preschools across the country:

Establishment of Playschools

Preschools in the country are mostly privately run. All preschools need to register with the district-level nodal officer. The preschool must submit an application for recognition to the officer. The officer confirms that the school is safe, monitors the implementation of norms and standards, and ensures that the applicants have not engaged in criminal acts involving children.

Important points for parents to note are:

The preschool must have received a Recognition Certificate from the Nodal officer that recognizes the existence of the preschool.
The preschool must reapply for this Certificate annually.
Parents should ensure that the preschool has obtained this Certification after thorough inspection and not through unfair means.
The authorities may withdraw this certification at any point if the preschool is found to have used unfair means.

Laws Governing Staff

Role of Teachers/Caregivers

According to the ECCE, both teachers and caregivers have key roles to play in a child’s development.

They must observe children to identify their needs.
They must develop plans and activities to for the child’s holistic development.
They must develop good relationships with the children, support the child’s learning and interactions.
They must work to create an inclusive environment in the classroom.

Ratio

The teacher/caregiver ratio per child is ideally under 20:1.
The amount of staff required is not specified, but should be enough to maintain cleanliness and security in the preschool.

Qualifications

As per the guidelines, any person with the minimum qualifications for a teacher, as laid down by any academic authority and authorised by the Government of India, can function as a teacher in a preschool.
A caregiver should be trained by an institution such as the National Skill Development Corporation (NSDC) authorised by the Government of India, or recognized by a University/Board, to work in a preschool.

Laws on Safety

The safety of young children is especially important, and there are several regulations in place to ensure this.

Guidelines for Classroom Safety

The school building should be able to resist all weathers, and have a boundary wall or fence.
Fire safety measures such as fire exits and fire drills should be implemented.
CCTV cameras should be installed to keep an eye on the students, teachers and staff.

Laws Against Physical and Mental Harrassment

No child can be physically punished or mentally harassed by any of the staff, as per Section 17 of the Right to Education Act (2009).
Anyone found violating this rule is subject to disciplinary action.

Laws on Health

The building should have adequate ventilation.
There should be separate toilets for children. These toilets should be disabled friendly.
Soap, clean clothes, garbage bins etc. should be placed at low, kid friendly levels.
Safe drinking water should be provided.
Pest control should be carried out regularly.

Laws on Curriculum

Formation of Curriculum

The National ECCE Policy recommends that children under 6 should be taught no more than 4 hours a day.
The recommended curriculum has a loose structure. It adopts a play and activity based approach. The curriculum should be laid down by an authority specified by the Ministry of Woman and Child Development (MWCD).
The curriculum should aid in the child’s development and help them develop to their full potential.
The medium of instruction should be in the child’s mother tongue or local vernacular (National ECCE Policy, 2013).
The child should be assessed continuously to see how much they understand and if they can apply what they have learned.

Completion of Schooling

No child after the age of 6 should be kept in a playschool/preschool on any pretext.
No exams or tests need to be taken for them to leave preschool.
Any playschool violating the above may have its recognition cancelled.

Formation of Parent-Teacher Association

It is recommended that every preschool should create a Parent-Teacher Association within a month of the admissions every year.

The PTA should be made up of 75% parents (at least 50% mothers) and 25% teachers. A Chairperson should be elected from among the members.
No member can be on the PTA longer than a year. Each year, a new round of members should be selected.
The PTA should meet monthly and record their meetings.

Lobbying for Parents

Parent Teacher Association

A PTA is essential to ensure a safe, secure and appropriate environment for your kids. In case of issues, the PTA is way for teachers and parents to communicate and come up with solutions. The PTA also helps parents understand their child from the teacher’s perspective, and vice versa.

Source: Stockton Unified School District

Functions

The PTA is the first step in solving issues such as dissatisfaction with teaching methods, discipline methods, fee hikes, etc.
The PTA can make sure to implement guidelines (such as those of the FSSAI) that will keep schools free of unhealthy food.
The PTA also works to make sure that health check-ups are carried out regularly.
The PTA can aid in creating and implementing safety measures, such as making sure that a first-aid kit is on hand at all times.

Other Parent Lobbying Groups

The All India Parents Association (AIPA)

The AIPA is a parents’ group based in New Delhi that works for equal and inclusive education. They often take up school related causes, and recently petitioned the Delhi High Court to look into the recent leak of a CBSE Board paper.

Forum for Fairness in Education (FFE)

An NGO based in Mumbai, the FFE is not parent run but takes up their cause. They lobby against corruption in schools and take up cases against schools that ask parents for money over and above the fees such as donations, bribes, etc.

Complaining to a Regulatory Body

While there are ways to address issues, it is important to know who to approach for early education, and how.

Section 11 of the Right to Education Act applies certain features of the Act to preschools. So, the same procedure for complaints can be followed for these institutions:

Anyone who thinks the rights of their child, as under this Act, are not being granted, can make a written complaint to a local authority. The local authority may, depending on the state, be the Muncipal Corporation, or some other authority.
This authority must make a decision within three months after hearing out the parties concerned.
If either party is not satisfied with the decision, they may approach the SCPCR to appeal.
The SCPCR will then review the appeal and make a final decision.

Comparison to International Regulations

India has taken huge steps when it comes to an early childhood laws in many ways. India has a national ECCE curriculum framework, unlike other large developing countries such as the Philippines and Iran. India has laid out a specific student-teacher ratio and minimum space requirements for setting up of an institute in line with developed countries like New Zealand. India also runs the world’s largest government sponsored early education and care program called the Integrated Child Development Services (ICDS). ICDS oversees the needs of millions of young rural/poor children.

However, in other ways India lags behind. Unlike countries like Australia, India does not have a separate Early Childhood Education Ministry. This also results in a lack of a separate regulatory body (current licensing is done by local authorities, which differ from state to state). This means that ECCE across different states in India is not held to a single standard. India also does not have fee regulations like Finland, and no assistance for parents like Wales. India lacks a framework for setting the salaries and wages of teachers and caregivers. The minimum qualifications for ECCE teachers and caregivers also vary widely depending on the implementing authorities.

Conclusion

With 160 mn. of India’s citizens under the age of 6, the Indian government has taken many necessary steps to ensure their care and education. As parents, we should be aware of the rules that are there to protect the young ones. This knowledge will enable us to make sure that our child’s preschools are meeting the regulations and call for action if they are not.

There is still progress to be made when it comes to regulations about early childhood care and education in India. However, given time, our ECCE framework is likely to develop further and create better learning environments for our children.