THE DEMAND FOR DELHI COACHING INSTITUTION ACT

Shruti Raghuvanshi,

M.J.P.R. University

INTRODUCTION

Article 21-A, The Right to Education, in the constitution of India as a fundamental right depicts the importance of education in a democratic nation like India. Education plays a pivotal role in defining the personality of an individual as well as the society and nation as whole. There are many unfortunate series of events happening with the students related to coaching institutions either it is the rising suicide cases in Kota or the recent case of civil service aspirants drowning in Delhi. In both the cases there is one common thing that is , ‘Coaching Institutions’. Both the cities, Kota and Delhi, are a hub for aspirants, in Kota lakhs of students enroll themselves in the coaching institutions to prepare for the competitive examination of JEE and NEET, whereas Delhi is a center for aspirants to prepare for various competitive examinations such as the UPSC examination. These increasing disasters in the coaching institutions results in creating panicking situations among the aspirants, creating an unhealthy environment, severe mental health concerns, the poor living conditions, sky high fees of the institutions also add up to this list of disasters. With all these concerns there is a need for the government to take a reasonable step and to work on these situations at a ground level.

In this direction, The Ministry of Education took a step in, January 2024, by introducing comprehensive guidelines to regulate coaching centers and manage the unregulated growth of private coaching centers[i]. But the need of an hour is different which requires the government to take more firm steps and the demand for the Delhi Coaching Institution Regulation Act is one of them.

THE RECENT CASE OF UPSC ASPIRANTS DROWNING IN DELHI

Recently in July, the basement library of a coaching institution, ‘Rau’s IAS’ in Old Mukherjee Nagar , where rainwater gushed into the libraries because of the heavy rains resulting in the three tragic deaths of IAS aspirants – Shreya Yadav from Uttar Pradesh , Tanya Soni from Telangana , and Nevin Dalwin from Kerala . [ii] Later, it was found that the basement library was illegally run it was also found that in order to receive a No Objection Certificate (NOC) the building must be less than 15 meters and cannot operate out of the basements. Both these regulations were not followed by the coaching institution, which further raised the question as to what are the possible reasons for not following the regulations. Almost 30 coaching centers have been sealed. Municipal Corporation of Delhi Mayor Shelly Oberoi said that they have seen how coaching institutes blatantly violate MCD building bylaws and rules and regulations.[iii] Protests are still being performed by the students phrasing that they do not want to live in this hell. Students are also demanding clarity on the total number of casualties and they are seeking accountability for the drainage system’s failure.[iv] Students and Locals from various coaching institutions are demanding for proper safety measures in coaching institutions , shutting down the libraries and classes in  the basements of coaching institutions, the sky high fees as well as the living conditions in which they do have to live in small rooms, the charges of such Paying Guest facilities ranges from 7k to 25k which is quite inappropriate and expensive for a person belonging to a middle class family.

The Supreme Court took suo moto cognizance in the case. A bench of Justice Surya Kant and Justice Ujjal Bhuyan said, “We are not sure as to what effective measures have been taken so far by the NCT of Delhi or the Union of India. The recent unfortunate incidents taking away lives of some of the young ones who joined coaching centers for their career pursuits are an eye opener for one and all.’’ [v] 

The Supreme Court also imposes a cost of Rs. 1 lakh on the coaching federation of India for challenging the directions that the High Court of Delhi gave after three UPSC aspirant’s Death. Dismissing the appeal Justice Surya Kant observed that “these places have become death chambers” and asked, “You want us to set aside this simple order of the High Court? You are taking away the lives of young ones coming from different parts of the country …This is a frivolous plea.’’ The court added that these institutes can operate online unless there is full compliance of the safety norms and basic norms for dignified life of their students such as proper ventilation, safety passages and abundant air and light. [vi]

The Delhi High Court transferred the investigation of the case of the death of three students at the basement library at Rau’s IAS to Central Bureau of Investigation. The aspirants said that they don’t trust Delhi Police and the police did not act in time despite having the full knowledge about basement libraries.

GUIDELINES FOR COACHING CENTRES

The major guidelines issues by the Ministry of education in January 2024 to regulate the coaching centers in country also include the provision related to the Infrastructure Requirements under Section 9.

Section 9. Infrastructure Requirements

i. Within this basic structure of the coaching center, a minimum one square meter area may be allocated for each student during of class/batch. There shall be sufficient infrastructure in proportion to the number of students enrolled.

ii. The coaching center building shall adhere to fire safety codes, building safety codes and other standards and shall obtain a Fire and Building Safety Certificate from the appropriate authorities as decided by appropriate government

iii. For the assistance of the students, coaching center shall have first aid kit and medical assistance / treatment facility. List of referral services like hospital, doctors for emergency services, police helpline details, fire service helpline, women helpline etc., shall be displayed and students shall be informed about them.

iv. The coaching center building shall be fully electrified, well ventilated, and sufficient lighting arrangements shall be made in each classroom of the building.

v. Safe and potable drinking water shall be available for all the students and staffs of the Centers.

vi. The Coaching center may be suitably fitted with CCTV cameras wherever require and security shall be well maintained

vii. A compliant box or register may be placed at the coaching center for the students to raise a complaint Coaching centers shall have committee for redressal of complaints/grievances of students.

viii. Provision of separate toilets for males and females shall be made within the coaching center building premises. [vii]

DEMAND FOR DELHI COACHING INSTITUTION REGULATION ACT

After the tragic deaths of the IAS Aspirants, Delhi Revenue Minister Atishi announced on 31 July ,2024 that the Delhi government would draft an act to regulate the coaching institutes. The minister informed that a five-member committee will come up with the Act. The objective of the said act will be the requirements for infrastructure, specified qualifications for the teachers, regulation of the fees and to stop channelizing misleading information. It was confirmed by the minister that the act will be drafted after taking proper feedback from the students and the coaching centers. [viii]

The Delhi Coaching Institution Regulation Act, is it a mere promise by the state government or will it surface is still not clear but there is an urgent need for the government and the authorities to take reasonable steps for the well-being of the thousands of students. The objectives of the Delhi Coaching Institution Regulation Act was reflected in the guidelines issued by The Ministry of Education in January, 2024 but still this mishap took place and the aspirants who came to the coaching hub Delhi without knowing that this will happen with them, because the guidelines were not being followed by the institution.

The Rules governing the use of basements in Delhi also states that the basements can only be used for parking and household storage and it cannot be used for public gathering activities like libraries, reading rooms etc., is violated. It was also provided that arrangements should be made so that the surface drainage does not enter the basement. [ix]

Considering the present scenarios and the happening of events such as the suicides in Kota or the case of students drowning in Rau’s IAS, there is a need for proper and stricter actions from the side of the governments and authorities.

CONCLUSION

The importance of education and the importance of the life of a person is what the authorities need to consider. The students who came to these cities which are the centers of coaching’s to take a step forward and work for their dreams, their lives matters and it is the responsibility of the coaching institutions as well as the government to take appropriate measures for valuing the education and life of the students.  These kinds of situations create a havoc and also affects the mental health of the other students.

REFERENCES

[i] The Hindu, https://www.thehindu.com (last visited 5 August, 2024)

[ii] Business Standard, https://www.businessstandard.com (Last visited 5 August , 2024)

[iii] The Hindu, https://www.thehindu.com (Last visited 5 August, 2024)

[iv] The Times of India, https://www.timesofindia.com (last visited 5 August, 2024)

[v] The Hindu, https://www.thehindu.com (accessed 5 August, 2024)

[vi] The Indian Express, https://www.indianexpress.com (accessed 5 August, 2024)

[vii] Guidelines for Regulation of coaching center , 2024

[viii] The Hindu, https://www.thehindu.com (Accessed 5 August, 2024)

[ix] The Hindustan times, https://www.hindustantimes.com ( Accessed 5 August, 2024 )