India: National Guidelines On Establishment And Operation Of Crèches Under Maternity Benefit Legislation

2.1 Applicability

These Guidelines apply to all establishments falling within the purview of the MB Act and engaging 50 or more employees. All women employees are covered, including temporary, daily wage, consultant and contractual personnel. Crèche facilities are required to be provided for all children between 6 months to 6 years. One crèche facility must be provided for every 30 children.

2.2 Location

The crèche facility must be located either within the establishment's premises or the employees' neighbourhood, or at a distance of 500 metres from either of these premises.¹

2.3 Working Hours

The working hours of the crèche should be flexible, although it has been recommended that the crèche should ideally be open for 8 to 10 hours a day. If the establishment operates in shifts, the crèche must also do so.

2.4 Staff

Every crèche must have at least 1 adult and a helper for every 10 children below the age of 3 and 1 adult and a helper for every 20 children between 3-6 years of age. Apart from the adults and the helpers, the crèche must also have a crèche–in–charge and a guard. Every person working in the crèche should undergo specific training and satisfy background verification processes.²

2.5 Monitoring and Supervision

A significant point under the Guidelines is the establishment of a crèche monitoring committee (a "CMC"). This CMC must consist of a crèche worker, the crèche-in-charge, parents, and an administrative or human resources officer. The CMC is required to conduct meetings on a periodic basis and maintain records. Significantly, the Guidelines provide a draft of the child protection policy that can be adopted as a reference by every establishment and be administered by the CMC. Furthermore, the quality of the crèche must be evaluated on a periodic basis by a professional agency.³

2.6 Infrastructure and Utilities

During the construction of any crèche, compliance with Central Public Department norms must be ensured. In addition, the crèche must ideally satisfy the following requirements:

• The crèche must be located on the ground floor and have ramps and handrails;

• The crèche must have a minimum space of 10 to 12 square feet per child, have both closed and open areas, along with separate areas for different age groups of children for cleaning, eating and other activities;

• There must be a kitchen and child friendly toilet facility; and

• The crèche must have a water purifier to provide safe drinking water.

2.7 Norms and Standards

The Guidelines prescribe detailed norms and standards that may be adopted to ensure the best interests of the children. Significantly, they require that:

• Any material or equipment used in the crèche must be age appropriate, sturdy, safe and easy to maintain. The crèche must also ensure that furniture for children with special needs is available;

• Activities and the curriculum adopted must be age appropriate, diverse and flexible;

• No corporal punishment or verbal abuse should be tolerated under any circumstances;

• Steps such as the sanitation of toys, pest control and other measures to ensure safety and hygiene must be undertaken on a regular basis;

• In order to ensure the safety of children, the crèche must have CCTV cameras, an evacuation plan, secure doors, gates and other safety equipments such as sprinklers and fire extinguishers; and

• No third party (including maintenance staff) must be permitted to enter the crèche when it is open.

2.8 Health and Nutrition

Under the Guidelines, every child is required to undergo medical checks preferably on a monthly basis at the crèche or the parents may provide a medical card, which contains the medical records of the child. The crèche should have a first-aid kit and ensure that a doctor is available on call to attend to any medical emergency. However, no medication should be administered to any child without obtaining the parent's authorization. The Guidelines also prescribe nutrition practices that must be adopted by the crèche and the parents. Meals can either be provided by the crèche or the parents.