Safeguarding Children’s Rights - The Legal Battle Against Coaching Mafias
Author: LawSphereX
Category: General Law
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SAFEGUARDING CHILDREN’S RIGHTS: THE LEGAL
BATTLE AGAINST COACHING MAFIAS
Devadarshini.S, B.A. LL.B., Chennai Dr. Ambedkar Govrnment Law College, Pudupakkam
ABSTRACT
The children are the most vulnerable demographic section in the world as they depend on another person for their development. The educational stakeholders find many issues in the present pedagogy and are in dilemma about equality in quality education. Firstly, the issue is on ensuring the access for all to quality education in spite of variations in economic, ethnic, migrant, linguistic and other sociological backgrounds. Secondly, It is questioned whether the present curriculum and pedagogy develops cognitive, emotional, economic and life skills. The educationists around the world debate on whether the education system and parents destroy the child's mental health. More specifically, commercialization of education by many private sectors and institutions makes the psycho-socio pathetic life. The coaching class stands as the biggest example for those issues aforementioned.
Before every academic year starts we will come across dashing colourful advertisements containing gloomy faces of toppers with the skyrocketing prices for courses. But the reality hits as 26 students found dead killing themselves in Kota, coaching Hub of India and the numbers kept increases. The coaching centres formed as a corroborative to the education has become business models. This article mainly throws the limelight on the problems and the challenges of today's education. Furthermore, the article meets with the solutions for the specified problems of the educational system. We used various data in former research papers, books and different surveys on children's education.
We have noticed the comparative law of different countries like the US, Finland, Germany, New Zealand which ranks the top in global educational surveys to India and noted the difference in the system of education. Keywords: Education, Coaching centres, equality, mental health, false advertising, FOMO, Suicides.
INTRODUCTION
Education has played an essential role in the development of the human potential and the social development of humans so that humanity can survive sustainably. The education system in India has changed over the years with the growing number of private schools in the country. This expansion has been further accentuated by the establishment of coaching centres, which have become a ubiquitous phenomenon in urban areas and have subsequently extended their reach to smaller towns, including hubs like Kota. Historically, coaching classes were intended to assist academically weaker students. However, the contemporary landscape has transformed this purpose, aligning it with the competitive demands of entrance examinations. These exams, once solely a criterion for college admissions, have now escalated into an intense, relentless race for success.
Parents, in response, often allocate a substantial portion of their income to coaching centres, making these institutions an indispensable component of a child's educational journey. Still, the schooling received in these centres and the culture they promote often turns out to be harmful to the students. Students’ suicide in Kota, where 24 students committed suicide in 2023, is one of the alarming trends that have emerged. One more horrifying case is that of Surat in Gujarat, where a fire in a coaching centre caused the deaths of 22 students and left 19 others injured. These cases point to the grim realities of the commercialisation of education and the human rights abuses that go with coaching. The proliferation of coaching centres is due to the examination based approach to education in India and the poor quality of teaching in regular schools.
There are many topics that are discussed in this paper, and there are practical suggestions that a5medouses the issues in the breakdown of the system, and there is already an analysis of the relationships of other nations that also face the same problem. COACHING CENTRES AND THE INDIAN EDUCATION SYSTEM Coaching centres are supplementary educational institutions designed to provide specialized training, typically for competitive exams such as JEE, NEET, or civil service examinations. Initially intended to support academically weaker students, they have now evolved into a parallel industry, indispensable in India’s education landscape. Their sudden rise can be attributed to the country's exam-centric education system, which prioritizes rote learning and high-stakes testing over conceptual understanding and holistic development. 1 India's
1 Ministry of Education, Government of India, National Education Policy 2020,
https://www. education. gov. in/sites/upload_files/mhrd/files/NEP_Final_English_0. pdf (last visited Jan. 26, 2025). educational status reflects both progress and challenges. While the literacy rate has improved significantly—standing at 77. 7% as per the National Statistical Office (NSO, 2021)—the quality of education remains inconsistent2. Public schools often struggle with inadequate infrastructure, untrained teachers, and out-dated pedagogy, leading families to turn to private institutions and coaching centres for better3. The Right of Children to Free and Compulsory Education (RTE) Act, 2009 mandates free education for children aged 6 to 14 and prohibits practices like capitation fees. Additionally, state-specific laws such as the Prohibition of Capitation Fee Acts and fee regulation policies aim to curb exploitation.
Despite these frameworks, the commercialization of education persists, driven by systemic inadequacies and societal pressures to excel in entrance examinations. 4 India’s exam-oriented education system is a primary driver behind the proliferation of coaching centres. With limited seats in premier institutions and an emphasis on entrance exam rankings, students and families feel compelled to seek external guidance5. This has created a lucrative yet largely unregulated coaching industry, raising concerns about affordability, accessibility, and student well-being. PROBLEMS OF COACHING CENTRES The dreams of the students and the parents to get application in Prestige University are reciprocated to a series of problems and human rights violation. While cater to the aspirations of the millions, these coaching mafias compromise the educational ethics and the student welfare.
This paper listed the problems of those coaching centres.
1. COMMERCIALIZATION OF EDUCATION
The rise of coaching institutes has made education a profitable venture and business. The commercialization is evidenced by the high fees charged by these centres, between ₹1. 5 to ₹ 4 lakh per year for competitive exams, which makes their service unreachable for families within the middle and lower income brackets. The story of "education for all" gets muted. Education 2 National Statistical Office, Ministry of Statistics and Programme Implementation, Government of India, Report on Social Consumption: Education in India (2021), https://www. mospi. gov. in/documents/213904/301563//SARR_Report_2021_1644229464627. pdf (last visited Jan. 26, 2025). 3 ASER Centre. (2021). Annual Status of Education Report (Rural) 2021. New Delhi: ASER Centre. Retrieved from https://img. asercentre. org/docs/aser2021finalreport_16. 116. 54pm1.
pdf 4Ministry of Finance, Government of India, Economic Survey 2022-23, https://www. indiabudget. gov. in/economicsurvey/ (last visited Jan. 26, 2025). 5 National Testing Agency, Annual Report 2023, https://nta. ac. in/Download/Notice/Notice_2023. pdf (last visited Jan. 26, 2025). is available, but only as a tradeable good, not a privilege. This directly contradicts the ethos of the Right to Education (RTE) Act, 2009, which emphasizes equity and universal access. Coaching centres deepen existing inequalities in the education system. Scholarship programs, though advertised widely, often benefit only a small fraction of students. This perpetuates a two-tier system, where only affluent families can afford the best preparatory services, leaving others reliant on underfunded public education.
2. POOR INFRASTRUCTURE AND LIVING CONDITIONS
Despite charging high fees, many coaching centres lack adequate infrastructure. According to a 2021 study by National Institute of Educational Planning and Administration (NIEPA) over 60% of coaching centres still do not have basic facilities like fire exits, first-aid box, etc.6. The
2019 Surat fire, which killed 22 students, was a horrifying example of such failures of
infrastructure and the lack of enforcement of safety standards.7. Additionally, hostels associated with coaching centres often fail to meet acceptable living standards. In a 2023 survey by the Kota District Administration, it is revealed that 42% of students reported dissatisfaction with hostel facilities, with issues such as unhygienic bathrooms, subpar meals, and inadequate recreational spaces. Poor maintenance and lack of oversight in these accommodations aggravate the physical and mental strain on students8.
3. MENTAL HEALTH ISSUES
When these issues make a significant damage to the life of the student, the next problem totally defects the lifestyle and the right to life of those students and their loved ones. The flashy advertisement and the targeted mislead marketing with excessive success rate towards the middle classes, the parents find the FOMO which in first place being the catalyst on rushing to get admission from these mafias despite being tough to let their end meets. This scenario depress the students to burnout themselves to work on their dream, which sometime totally their parents’. According to the National Mental Health Survey of India, 2015-16 conducted 6 National Institute of Educational Planning and Administration (NIEPA), https://niepa.ac.in (last visited Jan. 29, 2025).
7 Surat Fire Tragedy
22 Students Killed in Coaching Centre Blaze, The Hindu (May 25, 2019),
https://www.thehindu.com/news/national/other-states/surat-fire-tragedy-22-students-killed-in-coaching-centreblaze/article27243819.ece.
8 83 Students in 223 Kota Hostels Severely Depressed, Say Experts, Hindustan Times (Aug. 29, 2023),
https://www. hindustantimes. com/india-news/83-students-in-223-kota-hostels-severely-depressed-say-experts- 101697049689920. html. by NIMHANS, nearly 7. 5% of Indians experience mental health disorders requiring professional intervention, with young individuals being particularly vulnerable to stress and anxiety. 9 The frequent reporting of suicides—such as 24 student suicides in Kota alone during 2023—underscores the urgent need for psychological assistance and intervention in these centres10 The students are constantly around unwanted pressure like long study hours, hyper competitive society, no recreations, burnouts etc.
HUMAN RIGHTS VIOLATION IN THE COACHING INDUSTRIES The aforementioned problems are not just mere issues but they are serious violation of the human rights listed in the Universal declaration of human Rights (UDHR) and the child rights that is well specified in the United Nations Convention on the Rights of the child (UNCRC). The Universal Declaration of Human Rights (UDHR) explicitly recognizes the right to education under Article 26 and the right to rest and leisure under Article 2411. Coaching centres, with their 12-14 hour schedules, leave students with little to no time for relaxation, infringing upon these rights. Moreover, the United Nations Convention on the Rights of the Child (UNCRC), ratified by India, mandates under Article 31 that children have the right to rest, leisure, and recreational activities appropriate to their age12.
However, the absence of such provisions in coaching hubs starkly contravenes this obligation. The unchecked commercialization of coaching centres often leads to economic exploitation of parents and mental health strain on students, falling within the broader ambit of rights violations. This industry doesn’t only violate the international legislation but also the constitution the supreme law of the land. The constitution guarantees the equality before law but that is totally violated by these classes. Article 14 guarantees the right to equality, which implies that students who have completed class 11 should not face discrimination in classes 12, 13, or 14 based on the subjects they pursued in class 11. But the coaching centres actually widen the gap by giving better facilities to affluent families as compared to economically weak families, which defeats the very purpose of equality.
The life and liberty among the students is totally removed from 9 National Mental Health Survey of India, 2015-16, National Institute of Mental Health and Neuro Sciences, https://www. indianmhs. nimhans. ac. in/Docs/Report2. pdf.
10 83 Students in 223 Kota Hostels Severely Depressed, Say Experts, Hindustan Times (Aug. 29, 2023),
https://www.hindustantimes.com/india-news/83-students-in-223-kota-hostels-severely-depressed-say-experts- 101697049689920.html.
11 Universal Declaration of Human Rights, Article 24 & 26
12 United Nations Convention on the Rights of the Child, Article 31
the children. Article 21 enshrined by the constitution, has been interpreted into a spectrum which includes the right to rest and sleep13. These rights are violated due to the stressful environment of many coaching centres, which does not allow students to rest and stay calm. Though Article 21A ensures free and compulsory education to all children in 6-14 years age group, the commercialization of education through coaching centres results in creation of disparity in access and quality of education. LEGAL FRAMEWORKS VIOLATED The growth of the coaching centres has been a downfall of the mainstream education provided by the public and other private school. The documentary Why Kota Kills by The Quint (2016) points out the dummy school culture that is a consequence of the widespread coaching industry.
The documentary also describes dummy schools—local schools in which students are enrolled on paper but in practice, they attend the coaching centres14. Students who attend coaching centres give up everything from socializing with friends and going to movies to enjoying school life that a typical teenager desires to involve in the rigorous training process. These classes create major violation not only to the human rights but also to various legislations. Initially, Under Section 30615 of the Indian Penal Code (IPC), abetment of suicide occurs when a person or institution contributes to the conditions that drive an individual to take their own life. The extreme mental stress caused by the excessive pressure of competitive exams, combined with an unsupportive environment in coaching centres, can be directly linked to cases of student suicides.
The rise in suicide rates in students from cities such as Kota suggests instances where this section has been violated, where the exploitation and disregard for students' emotional well-being has created an environment conducive to self-harm. The Mental Health Care Act,
2017 highlights the need for a safe, stigma-free, supportive environment for individuals,
especially minors, in educational settings. The School Act: A school act of a child of a child of a child is based on measures that help ensure the mental well-being of students and, when necessary, appropriate care. According to the JJ Act, children should not be subjected to situations that lead to exploitation, neglect, or harm, yet coaching centres often push students beyond their limits, both physically and emotionally. This lack of care directly contravenes the
13 Shantistar Builders v. Narayan Khimalal Totame, AIR 1990 SC 630
14 Jasleen Kaur, Coaching Centres
A Parallel Education System in India? 12 (2020) (unpublished MRP, Brock University) (available at https://dr.library.brocku.ca/bitstream/handle/10464/14931/KAUR%20MRP%202020.pdf?sequence=1&isAllow ed=y).
15 Sec 306, IPC, 1860.
provisions of the Act that safeguard children's rights to a healthy environment. Further, the fraudulent advertisements with the unfair trade practices undermine the consumer rights governed in the consumer protection act, 2019. Coaching centres often engage in deceptive advertising, promising high success rates in competitive exams without providing substantiated results. These centres exploit the hopes and aspirations of students and parents, creating a false sense of security that their children will succeed if they invest heavily in their services. PROVISIONS ADDRESSING THE COACHNG INSTITUTE To combat these issues, the government both in the state and the union tier had brought some legislation regarding the coaching centres. Though there is no direct ban on these institutes, there are some regulations which were brought out in this decade of competitive exams.
To being with the National Educational Policy, 202016, it indirectly supress the dominance of the institutes in the modern education era by a series of reforms in the education system and the pedagogy like advocating for modular, semester-based assessments to reduce the overwhelming pressure that drives students toward coaching institute; promoting conceptbased learning approach instead of rote memorization, which coaching centres heavily rely on. It also encourage the inclusion of the vocational training, multi-disciplinary education which makes students less reliant on private coaching. The lack of mental health, fire accidents, and flooded accidents all attracted the attention of the government.
In August 2024, the Supreme Court of India took suo motu cognizance of a tragic incident in which three UPSC aspirants had drown in a flooded basement of a coaching centre in Delhi's Old Rajinder Nagar. A bench of Justices Surya Kant and Ujjal Bhuyan, however, issued notices to the Central and Delhi government and asked them to file detailed reports on the steps taken to ensure the safety of students at such institutions. The Court emphasized the necessity for strict adherence to safety norms, including proper ventilation and accessible emergency exits, to prevent such tragedies in the future17. 16 Ministry of Education, Government of India, National Education Policy 2020, (July 29, 2020), para 4. 37-4. 42 https://www. education. gov. in/sites/upload_files/mhrd/files/NEP_Final_English_0. pdf.
17 Hindustan Times, SC Takes Suo Motu Cognizance of Safety Norms in Coaching Institutes, Stresses on Proper Ventilation, Safety Passage, (Aug. 2024), https://www. hindustantimes. com/education/news/sc-takes-suo-motocognizance-of-safety-norms-in-coaching-institutes-stresses-on-proper-ventilation-safety-passage- 101722846294577. html.
The Student Federation of India Vs UOI resulted in formation of Ashok Mishra Committee, which proposed a series of recommendations aimed to create a more holistic and equitable selection process for IIT admissions. Recognizing the pervasive influence of coaching centres, the committee advocated for the creation of a regulatory authority to oversee and monitor their operations. The goal was to curb the commercialization of education and ensure that coaching institutes adhere to established standards. 18 The Ministry of Human Resource Development (MHRD) reviewed the committee's suggestions and, after public consultations, implemented several changes in the JEE pattern starting from 2017.
Many state legislatures like the Bihar Coaching Institute (Control & Regulation) Act, Goa Coaching Classes (Regulation) Act, and the Uttar Pradesh Regulation of Coaching Act Were brought into power to govern these institutes. A guideline is released by the ministry of education in 2024 January which has significant policy/ rules like registration of the coaching classes, fair fees, infrastructural requirements, curriculum, psychological support, etc. 19 SOLE REASONS OF THESE PROBLEMS This issue cannot be totally held liable to the coaching classes and the registration of those classes in the large number; the education system has the higher responsibilities for the short rat run scenario towards the entrance exams.
Indian education system which known for its multi-disciplinary system and of greater history of Gurukulam and the madrasa form of education has been decreased to the system of over-competition, rote memorization, risk of question paper leaking, non-passionate studies and the major inequality. The author likes to specify the problems in the education system that indirectly causes the craze for the education system. These centres are intended to bridge the gap often created by traditional schools not offering enough specialized training applicable to competitive exams. Coaching classes provide a high-standard curriculum, expert faculty, and mock tests according to the extreme requirements of the entrance exams. The traditional schools often underdo the teaching and the teaching methods are not much sufficient for the competitive entrance marathon.
18 Committee of Eminent Persons, Ministry of Human Resource Development, Report on Reforms in IIT-JEE Examination System, (Dec. 2015), https://www. education. gov. in/sites/upload_files/mhrd/files/documentreports/Ashok_Misra_Committee_Report. pdf.
19 Ministry of Education, Guidelines for Coaching Centres, GOV’T OF INDIA (2024),
https://www. education. gov. in/sites/upload_files/mhrd/files/Guideliens_Coaching_Centres_en. pdf Moreover, the education system dumps the students with excessive knowledge than the required foundational literacy and holistic education. The examination system can be cafeteria approach which denotes providing the student to choose the field of study individually. The Macaulay’s examination system brings lot of stress in the education system rather than productivity and development of pedagogy. When the education system and the examination pressure is identified as the reason for the rise in the number of coaching classes and the suicide rate, there is no regulatory bodies dedicated specifically to this industries.
While general business regulations, such as the Registration Act of 1908 and the Shops and Establishment Act, apply to these centres, they do not specifically address the unique challenges and requirements of educational institutions. 20 COMPARATIVE STUDY This phenomenon of idea of coaching class is not unique to India; various countries struggles with the exam oriented education system and the challenges arise from it. However, there lies the changes in policies, regulation to student’s welfare etc. , A comparative analysis with countries such as Finland, China, South Korea, and the United States provides valuable insights into how different education models influence the necessity and impact of coaching institutes. Finland, which has finest education system, known for the student friendly system, has almost a non-existing status of the coaching centres.
The country’s emphasis on concept-based learning, minimal standardized testing, and a well-trained teacher workforce eliminates the perceived need for additional coaching. 21 China and South Korea in the other hand, mirror the Indian examination oriented education system. In china, The Gaokao, officially known as the National Higher Education Entrance Examination, is China's pivotal standardized test for high school graduates seeking university admission. The cram school culture prevails much higher due to parental pressure and societal expectations. The Chinese government imposed strict regulations on private tutoring in 2021, banning for-profit coaching in core subject. 22 Similarly, South Korea’s hagwons (private academies) thrive due to the highly 20 Lawful Legal, Strengthening the Regulatory Framework for Coaching Centres in India: A Call for Reform, LAWULLEGAL.
IN (2024), https://lawfullegal. in/strengthening-the-regulatory-framework-for-coachingcentres-in-india-a-call-for-reform.
21 OECD, Education Policy Outlook
Finland, OECD. ORG (2020), https://www. oecd. org/education/Finland- Education-Policy-Outlook-2020. pdf. 22 Ministry of Education of the People’s Republic of China, Regulations on Private Tutoring, MOE. GOV. CN (2021), http://en. moe. gov. cn/News. competitive Suneung (CSAT) exam. Despite government regulations, including restrictions on operating hours and fee caps, the demand remains high due to parental pressure and societal expectations. This comparative study totally emphasizes that the lack of robust legislation, dependence on standardised tests and inadequate regulatory body on coaching classes be a reason for all the sociological problems and the formation of the industry which need to a supplementary to the traditional education.
Countries that have successfully mitigated the coaching industry’s dominance have done so by reforming their education policies, reducing exam pressure, and ensuring quality education is accessible within mainstream schooling.
RECOMMENDATIONS
In light of the discussed issues, the recommendations to mitigate human rights violations in coaching centres can be categorized into three key areas: legislative changes, pedagogical reforms, and regulatory measures. Firstly, in respect to the legislative changes, a comprehensive legal framework should be introduced to regulate coaching centres, ensuring standardized operational guidelines, student welfare policies, and infrastructure requirements. The Coaching Institutes Regulation Bill23, currently under discussion, should be strengthened to include provisions on student well-being, fee regulation, and ethical advertising. Furthermore , as we discussed the examination oriented education system needed to shift its magnitudes from the rote memorization to critical thinking, cognitive skills and problem solving.
Adoption of Continuous Assessment and improvement examination mechanism, in place of semester and/or Annual Examination System, be practiced on present experimental basis to check feasibility of the new mechanism. 24 As the regulatory changes, a statutory regulatory authority should be established at both central and state levels to oversee coaching institutes, ensuring compliance with quality standards and student welfare provisions. A grievance redressal mechanism should be instituted, allowing students and parents to report exploitation, excessive academic pressure, or unfair practices. Appointment of a mental health professional or a counsellor will help the students to cope with the pressure they are 23 The Coaching Institutes Regulation Bill, 2023 (Draft Proposal) – Ministry of Education, Government of India.
24 IUL National Workshop on Examination Reform in Higher Education, Integral University, available at https://www. iul. ac. in/HRDC/Reports/NATIONAL_WORKSHOP_ON_EXAMINATION_REFORM_IN_HIG HER_EDUCATION. pdf. surrounded.
CONCLUSION
The unchecked rise of coaching centres in India stems from an exam-focused education system, inadequate public schooling, and weak regulations. While these institutes aid students in competitive exams, their commercialization has led to financial exploitation, mental health issues, and human rights violations. To address this, stringent regulations must ensure transparency and student welfare, while pedagogical reforms should prioritize critical thinking over rote learning. Strengthening public education and enforcing regulatory oversight can curb the reliance on coaching centres. Without intervention, education risks becoming a commercial enterprise rather than a fundamental right. A comparative study of global education models highlights the effectiveness of robust public education systems in reducing reliance on private coaching.
India must draw lessons from such frameworks, investing in systemic improvements to its education sector. Thus, a concerted effort from policymakers, educators, and society at large is essential to reclaim education as a public good rather than a commercial enterprise.