Min Deepak Kesarkar: State government wants to expedite regulations for kindergartens

In response to the Assault incident in Badlapur and similar cases at independent private play schools and kindergartens, the Maharashtra government has introduced fast-track legislation to bring all private kindergartens under its statutory control. School Education Minister Deepak Kesarkar announced that the bill, aimed at regulating kindergartens, is in the final stages of approval.

A draft law, officially submitted to the government in December 2023, aims to include these schools in the state’s regulatory framework.

Currently, private preschools, daycare centers and kindergartens – for children aged three to six – operate without formal supervision. The state government does not have an official count of such institutions across Maharashtra, raising concerns about safety and education standards. Although many of these schools have received recognition under the National Education Policy (NEP), they operate without prior permission.

Kesarkar explained that once the design is approved, these schools will come under the jurisdiction of the state education department. “An independent act to regulate private kindergartens is prepared and is in the final stages,” he said. The draft, which has been submitted to the Legal Department for finalization, is expected to be adopted during the next legislative session.

Stressing the need for regulation, State Education Commissioner Suraj Mandhare stated, “Once approved, all preschools, including nurseries and preschools, will have to operate within the framework of the law. These institutions will have to obtain official approval from the state.”

The new arrangement, which is expected to come into effect from the 2025-2026 academic year, will standardize the curriculum for nursery, junior and senior nursery school students. The law will also enforce specific guidelines regarding school infrastructure, student capacity and teacher recruitment, among other key factors. The educational board is responsible for deciding which textbooks to use and supervises their printing.

The move comes in light of growing security concerns in the country unregulated kindergartens. The Global Parents Teachers Association (GPTA) – a state-level group representing parents and teachers – has spoken out about the need for urgent intervention. Citing two recent cases of sexual assault at nursery schools in Kandivli and Badlapur in a year (within seven months), the GPTA has filed an appeal to the Chief Minister and the State Child Welfare Department, demanding that all institutions targeting on children aged 0-5 years are placed under government supervision.

The GPTA’s call highlighted the lack of accountability and safety rules in kindergartens and called for stricter supervision 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 to protect students, which department should we turn to?”

Efforts have been made since 2017 to regulate kindergartens, following a directive from the Bombay High Court to the state to develop a policy for these institutions. The court’s order came after the scrapping of the Maharashtra Pre-School Centers (Regulation of Admission) Act, 1996 due to political pressure.

Besides regulating curriculum and safety standards, sources indicate that the government is considering implementing the Fee Regulation Act (FRA) to govern and regulate fees in private kindergartens. This would further alleviate concerns about inequality in educational quality and costs between different schools.
A senior official of the State School Education Department said: “The aim is not to take control of existing private kindergartens, but to reduce disparities in education quality and curricula. We ensure that educational institutions are not unnecessarily burdened, focusing on what students learn during their formative years.”

The bill is awaiting approval and once passed, it will be an important step towards a safer and more structured educational environment for young children in Maharashtra.

December 2023
Draft legislation was submitted to the government last month

Encourage children’s rights

“The IAP calls for an independent ministry for children to address issues impacting the well-being of children and tackle challenges such as digital exploitation, junk food and climate change,” said Samir Dalwai, pediatrician and chair of the Child Manifesto Committee , Indian Academy of Paediatrics. (IAP).

One ministry is needed

The Ministry of Women and Child Development is responsible for the overall well-being 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 the implementation of the four fundamental rights of the UN Convention on the Rights of the Child:

. Right to survive
. Right to development
. Right to protection
. Right to participate in decision-making that affects their lives