Min Deepak Kesarkar: State govt to fast-track regulation on pre-primary schools

Private schools catering to children up to six years operate without formal oversight.. Representation pic

In response to the Badlapur sexual assault incident and similar cases at independent private play schools and kindergartens, the Maharashtra government has fast-tracked legislation to bring all private pre-primary schools under its regulatory control. School Education Minister Deepak Kesarkar announced that the draft law, aimed at regulating pre-primary institutions, is in the final stage of approval.

A draft legislation, officially submitted to the government in December 2023, seeks to incorporate these schools into the state's regulatory framework.

Currently, private pre-primary schools, nurseries, and kindergartens - catering to children aged three to six years - operate without formal oversight. The state government lacks an official count of such institutions across Maharashtra, raising concerns about safety and educational standards. While many of these schools have gained recognition under the National Education Policy (NEP), they have operated without prior authorisation.

Kesarkar explained that once the draft is approved, these schools will fall under the jurisdiction of the state education department. "An independent act to regulate private pre-primary schools has been prepared and is in its final stage," he said. The draft, which has been submitted to the law department for finalisation, is expected to be passed in the upcoming legislative session.

Suraj Mandhare, the state commissioner of education, emphasised the need for regulation, stating: "Once approved, all pre-primary schools, including nurseries and kindergartens, will be required to operate within the framework of the law. These institutions will need to obtain official state approval."

The new regulation, expected to take effect from the 2025-26 academic year, will standardise the curriculum for nursery, junior, and senior kindergarten students. The act will also enforce specific guidelines regarding school infrastructure, student capacity, and teacher recruitment, among other key factors. The education board will be responsible for deciding the textbooks to be used and will oversee their printing.

This move comes in light of the rising concerns about safety in unregulated pre-primary institutions. The Global Parents Teachers Association (GPTA) - a state-level group representing parents and teachers - has been vocal about the need for urgent intervention. Citing two recent cases of sexual assault at kindergartens in Kandivli and Badlapur in a year (within seven months), the GPTA submitted an appeal to the chief minister and the State Child Welfare Department, demanding that all institutions catering to children aged 0-5 years be brought under government supervision.

The GPTA's appeal highlighted the lack of accountability and safety regulations in pre-primary schools and called for stricter monitoring to prevent abuse. In its letter, the GPTA questioned the current responsibility of the education department in protecting children, stating: "If the education department does not have the responsibility of protecting the students, then to which department should we turn?"

Efforts to regulate pre-primary schools have been in motion since 2017, following a Bombay High Court directive for the state to develop a policy for these institutions. The court's order came after the scrapping of the 1996 Maharashtra Pre-School Centres (Regulation of Admission) Act due to political pressure.

In addition to regulating the curriculum and safety standards, sources indicate that the government is considering applying the Fee Regulation Act (FRA) to govern and regulate fees in private pre-primary institutions. This would further address concerns about the disparity in educational quality and costs across different schools.
A senior official from the State School Education Department said, "The goal is not to take control of existing private pre-primary schools but to reduce disparities in education quality and curricula. We will ensure that educational institutions are not unnecessarily burdened, focusing on what students are taught during their formative years."

The draft law is awaiting approval, and once passed, it will mark a significant step toward ensuring a safer and more structured educational environment for young children in Maharashtra.

Dec 2023
Month draft legislation was submitted to govt

Push for child rights

"The IAP advocates for an independent ministry for children to address issues that impact child welfare and tackle challenges like digital exploitation, junk food, and climate change," said Samir Dalwai, developmental pediatrician and convenor of the Child Manifesto Committee, Indian Academy of Pediatrics (IAP).

One ministry needed

The Ministry of Women and Child Development is responsible for the overall welfare of women and children in the country. However, issues related to children are fragmented and several specific issues are addressed by different ministries.

Fundamental rights of children

The IAP has called for implementation of the four fundamental rights from the UN Convention on the Rights of the Child:

. Right to survival
. Right to development
. Right to protection
. Right to participation in decision-making affecting their lives