The Kerala State Commission for Protection of Child Rights has directed that the Kerala Municipality (Registration of Tutorial Institutions) Rules and the Kerala Panchayat Raj (Registration of Tutorial Institutions) Rules be expanded to include conditions for protecting the rights of children studying in private tuition centres or special rules be framed in this regard.
Commission members K. Nazeer and Babitha B. issued the directions during the weekend to the Local Self-government Secretary, the panchayat director, and the Town Planning Board.
Acting on a petition from a Wayanad student, the commission said the conditions so introduced should ensure that students are able to pursue studies in a child-friendly environment and provide for mechanisms to address complaints related to rights violation. The rules should also contain provisions for cancelling the licence of tutorial institutions that do not follow the government stipulations.
The petitioner had joined an entrance coaching institute in Kozhikode on July 15, 2020 for a period of one year, and had remitted the course fee of ₹75,000. However, on December 4 the same year, she had to discontinue the course owing to health problems. As a large sum of money was needed for treatment, the petitioner had sought the return of a fair amount from the fee paid.
The institute branch manager said the petitioner and her parents knew about her illness at the time of admission. They were also aware of all the rules of the institution. The petitioner attended classes at the institute and did not have any complaints about the conduct of the classes. There had been no violation of child rights by the institute, the manager pointed out.
Following a hearing, the branch manager informed the commission that the institute was ready to pay ₹16,355 to the petitioner. In such a context, the commission did not pass a special order in the case, but observed that tutorial institutions were at present only required to get a licence from local self-government institutions.
However, other than conditions for licence issue and renewal, there was nothing in the Kerala Municipality (Registration of Tutorial Institutions) Rules and the Kerala Panchayat Raj (Registration of Tutorial Institutions) Rules about the rights of children studying in such institutions or steps to be taken in case of violation.
Whatever be the children’s circumstances, it was the State’s responsibility to ensure protection of their rights. Hence, the existing rules should be expanded or new rules issued so that protection of children’s rights by tutorial institutions could be ensured, the commission said.
