Lok Sabha Question No. 712 (UNSTARRED), answered on 2015-12-03
Subject: Law Commission Report
Ministry: LAW AND JUSTICE
Asked by: JAYADEV GALLA, GEETHA KOTHAPALLI

## GOVERNMENT OF INDIA MINISTRY OF LAW & JUSTICE DEPARTMENT OF LEGAL AFFAIRS

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## LOK SABHA

## UNSTARRED QUESTION NO. 712 TO BE ANSWERED ON 03.12.2015

## Law Commission Report

## 712. SHRI JAYADEV GALLA: SHRIMATI KOTHAPALLI GEETHA:

Will the Minister of LAW AND JUSTICE be pleased to state:

- (a) whether  the  Law  Commission  of  India  has  submitted  its  report  on  "Early  Childhood Development and Legal Entitlements";
- (b) if so, the salient features of the recommendations made in the said report; and
- (c) the time by which the Government is likely to implement the said recommendations?

## ANSWER

## MINISTER OF LAW AND JUSTICE (SHRI D.V. SADANANDA GOWDA)

- (a)  :  Yes  Madam,  the  Law  Commission  of  India  has  submitted  its  Report  No.  259  on  'Early Childhood Development and Legal Entitlements' on 27.08.2015.
- (b) : The Law Commission of India vide its Report No. 259 has recommended the following:-
- i.  It  is  suggested that, as per the recommendation of the NCRWC, a new Article 24A be inserted to Part  III  of  the  Constitution  to  ensure  that  the  child's  right  to  basic  care  and  assistance  becomes  an enforceable right. The Article should read as follows: '24A. Every child shall have the right to care and assistance in basic needs and protection from all forms of neglect, harm and exploitation'

ii. In order to extend the right to education to children in the under-6 age group as well, Article 21A of the Constitution should be amended to read as follows: ' The State shall provide free and compulsory education to all children in such a manner as the State may by law determine. '

iii.  Similarly,  it  is  recommended  that  the  fundamental  duty  of  the  parent  or  guardian  to  provide education should not be applicable only to children between the ages of six and fourteen. Article 51 A(k)  of  the  Constitution  should  be  amended  so  that  the  duty  is  placed  on  every  citizen  ' who  is  a parent or guardian to provide opportunities for education to his/her child or, as the case may be, ward under his/her care. '

iv. Section 11 of the Right to Education Act should be made mandatory and should read as follows: 'with a view to prepare children above the age of three years for elementary education and to provide early  childhood  care  and  education  for  all  children  until  they  complete  the  age  of  six  years,  the appropriate Government shall make necessary arrangement for providing free pre-school education for such children.'

- v. It is suggested that the Maternity Benefit Act be amended in accordance with the forward looking provisions in the CCS Rules, whereby maternity benefits should be increased from twelve weeks to 180 days. Provision of maternity benefits should be made obligatory on the State and not left to the will  of  the  employers  and  should  cover  all  women,  including  women  working  in  the  unorganized sector.

vi. It is suggested that government  formulates policy or guidelines  laying  down  minimum specifications of paid maternity leave to women employed in private sector.

vii. In order to ensure proper emphasis on the promotion of early childhood development, especially keeping in view that the current approach towards ECD which is fragmented into different schemes and  raises  issues  of  lack  universality  in  standards,  monitoring  and  coordination  (as  pointed  out  in Chapter IV), it is  suggested that  a  statutory  authority  or  Council  for  Early  Childhood  Development ('the Council') be created. The Council may be composed of officials from the Ministry of Women & Child  Development,  Ministry  of  Human  Resource  Development,  Ministry  of  Finance,  Ministry  of Labour and Ministry of Commerce & Industry and representatives from civil society active in the field of  early  childhood  development,  and  other  such  members  as  may  be  specified.  The  powers  and responsibilities of the Council should be specified by law. Similar Councils to be established at State Level  as  well.  The  Philippines'  ECCD  (Early  Childhood  Care  and  Development)  Council  may  be looked at as an example and adapted to the Indian context.

viii. The Council must be made responsible for laying down minimum universal standards for quality of services, facilities and infrastructure to be put in place across all schemes and provisions relating to early childhood.

ix.  Clear  provision  should  be  made  in  the  law  creating  the  Council  for  the  allocation  of  budgetary resources by the Central for the Central Council and by the State for State Council.

- x.  With  regard  to  Section  6  of  NFSA,  there  is  need  for  evolving  guidelines  or  some  methods  for identification  of  children  suffering  from  malnutrition  and  for  referring  such  children  to  appropriate healthcare providers. It is suggested that some  provision be brought so that the nutrition recommendations in Schedule II of the NFSA could be regularly revised in keeping with the latest scientific studies based on calorific value, age, sex and food items. The Council may be empowered to periodically commission such studies from the appropriate research institutes or organisations.
- xi. Provision should be made for the training of teachers to provide pre-school education, and there should be a budgetary allocation to fund training programs for the same to ensure quality standards and a proper implementation of the best methods of promoting play and learning. Teachers imparting pre-school instruction should be considered at par with primary school teachers, and this should reflect in the terms and conditions of their employment. This institutional aspect is essential for ensuring that pre-school education be given sufficient importance.

xii. It is suggested that every child under six should have an unconditional right to crèche and day care provided, regulated and operated by the State, as found for example in the Act on Children's Day Care of 1973, Finland. The provision of crèches should be made the responsibility of the State, not of the employer, especially in the unorganised sector.

- (c)  :  The  process  of  implementation  of  recommendations  of  Law  Commission  is  undertaken  by  the concerned Ministries/Departments after due consultation with all stake holders.

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