Creches in India Get National Standards

National Minimum Standards and Protocol for setting up of Crèches (Operation and Management) issued by Ministry of Women and Child Development

Introduction

As a recent development, on 30^th  January 2024, the Ministry of Women and Child Development, Government of India released the National Minimum Standards and Protocol for Crèches (Operation and Management) (“NMS and Protocol”) responding to long standing demand. NMS and Protocol aims to provide guidance to individual/ service agencies/ corporations/ companies/ universities/ hospitals/ care service providers/ government organizations /non-governmental organizations etc., with regard to Creches required to be set up under various acts and rules of the Government of India.

NMS and Protocol focus strongly on standardizing and institutionalizing the Care economy, contributing significantly to the vision of ‘Women-led Development’  and to promote women empowerment and participation in the economy to contribute to the vision of “women-led development”. The  NMS and Protocol stipulated are suggestive in nature and aim to act as a guiding force for setting up and management of crèches by individuals and establishments. The NMS and Protocol document also advises the State governments and Union Territories to adopt the standards and protocol prescribed thereunder.

Key Features of NMS and Protocol

NMPS and Protocol defines crèche as a care centre that provides a safe and nurturing environment for children while their parents or guardians are at work. The document primarily sets out the objectives of NMS and Protocol, key points to be considered prior to setting up of a crèche, constitution of crèche administration committee, staff requirements and their roles and responsibilities, services to be provided by crèche, maintenance of records and safety inspections. It also provides an indicative list of items for setting up a crèche.

The key features of NMS and Protocol include:

·       Parameters for setting up a crèche

The key parameters to be considered for opening a crèche inter alia include the age criteria, location, timings, infrastructure, provision of basic facilities such as child friendly washrooms, play materials, clean drinking water, installation of CCTV cameras.

·       Constitution of Crèche Administrative Committee (“CAC”)

CAC to be constituted to oversee the administration and management of the crèche. Additionally, it will also be responsible for settlement of any disputes arising between the service provider and the parents/guardians. Regarding the composition of CAC, it is to be comprised of a crèche administrator (to be nominated by the organization operating the crèche), a crèche supervisor and preferably 3 parents/guardian of beneficiary children. However, the composition specified is only indicative and not obligatory.

·       Staff requirements and eligibility

Minimum staff requirements ratio of 1 crèche supervisor and 1 crèche helper to 25-30 children has been prescribed. Further, only women are to be hired as caregivers for children. Additionally, the eligibility criteria for engaging the staff include minimum educational qualification and prior experience in childcare, nursing or education sector. Further, pre-requisites for hiring have also been stipulated under the NMS and Protocol.

·       Provision of services in crèche

The services may be mutually agreed between the service provider and the parents/guardian. Further, crèche facility may also be provided at child’s home. Additionally, service providers to hold meeting once in a month with parents to review the performance of children and receive feedback from the parents/guardian.

Crèche service providers are also responsible for training of the staff employed at the crèche.

·       Records

The crèche worker and helper would have a duty to maintain the prescribed registers and records.

·       Health and Safety Requirements

It also stipulates minimum standards for health and safety that must be in place. A first aid kit and a fire extinguisher must be available at the premises. Further, crèche should have a tie up with a nearby health care facility for immediate assistance in cases of emergency.

To ensure safety at the premises, installation of CCTV camera is also mandated.

Also, an administrative committee is to be constituted to conduct safety inspections. Another notable feature in this context is that information pertaining to location and details of crèche must be maintained by the local police stations, women child and development/social welfare department and labour department for safety purposes.

Anhad Law’s Perspective

Section 11A of the Maternity Benefit Act, 1961 ("MB Act") mandates that any establishment employing 50 or more women must provide a creche facility for their children. This creche should be located within a prescribed distance from the workplace, either individually or as part of common facilities. Failure to comply with this provision can result in legal repercussions, penalties, and even closure of the creche.

In 2018, the Ministry of Women and Child Development ("WCD") issued the National Minimum Guidelines for establishing and operating creches under the MB Act ("2017 Guidelines"). Additionally, there are central schemes like the Rajiv Gandhi National Creche Scheme For The Children Of Working Mothers, which has been adopted by states such as Maharashtra.

The primary objectives of these guidelines and schemes are to standardize and improve the quality of creche services nationwide, facilitate women's participation in the workforce, establish an organized Care Services Sector, and provide a safe and nurturing environment for children. Unlike the earlier 2017 Guidelines, the National Minimum Standards (NMS) and Protocol are not limited to creches set up for compliance purposes under the MB Act. While not exhaustive, the NMS and Protocol outline the essential requirements and measures for operating a childcare facility.

These standards are designed to ensure the safety, well-being, and development of children in creches. Failure to meet these standards can endanger children and result in negative publicity and loss of trust among employees, parents, and the community. Compliance with these standards is crucial for ensuring the safety and welfare of children in creche care.

The NMS and Protocol are expected to assist establishments covered under the MB Act in standardizing and providing quality creche services. However, except for states like Maharashtra, Karnataka, Haryana, and Kerala, many Indian states have not yet formulated specific creche guidelines or rules. This lack of uniform standards has led to confusion among employers regarding infrastructure, facilities, and quality care at creches on their premises.

Adoption of the NMS and Protocol standards by state governments is essential to ensure uniform standards for creches, facilitate women's workforce participation, and safeguard the well-being of children in their care. These standards will also help improve existing creches and guide the setup of new ones in states with basic standards already in place.

Manishi Pathak, Founding Partner, Ranjan Jha, Partner & Nishtha Narang , Associate