Rising demand for day-cares exposes gaps in India’s child care laws

Child day-care has become an important service for urban families in India, especially for working parents. With both parents often working full-time jobs, most nuclear families rely on day-care centres or creches to care for their children. These facilities are no longer seen just as optional services—they are essential for enabling women to participate more fully in the workforce. Rising costs of hiring domestic caregivers have also contributed to the growth of professional day-care services.

However, reports of child neglect and abuse in some centres have raised serious concerns. Families, child rights activists, and policymakers are increasingly calling for a clear, national-level law to regulate day-care services. Currently, the rules around child day-care are fragmented, unclear, and differ from state to state, leaving many children at risk.

Fragmented laws put children at risk

Some workplaces offer creches as part of legal obligations. The Maternity Benefit (Amendment) Act, 2017, requires employers with more than 50 employees to provide a creche. Other labour laws, like the Factories Act or Mines Act, also have creche provisions, but these apply only to specific industries. Some state laws and schemes exist, like the National Creche Scheme (Palna), which provides affordable childcare for low-income mothers. Delhi’s Early Childhood Care and Education (ECCE) Policy sets hygiene and training standards but does not require licensing. Maharashtra regulates only workplace-based creches, while Karnataka allows day-care centres to register as schools, ignoring purely care-based centres.

This patchwork of regulations creates confusion. Many private day-care centres do not want to be classified as “Child Care Institutions,” which are regulated under the Juvenile Justice Act, 2015. Residential childcare facilities for children in need of protection follow strict rules, but commercial day-care centres often operate outside these frameworks. Without a unified law, children may face unsafe environments, poor hygiene, lack of trained staff, and inconsistent educational standards.

Countries like Singapore, the United Kingdom, and Australia provide useful examples. Singapore’s Early Childhood Development Centres Act, 2017, sets strict national standards for all centres, covering safety, infrastructure, and education, while offering government support. Australia’s National Quality Framework harmonises childcare regulations across all states with oversight from a central authority. These models show how clear, national laws can improve safety and quality in childcare while ensuring access for all families.

A comprehensive law is urgently needed

India urgently needs a uniform, national law for child day-care that goes beyond fragmented policies. Such legislation should cover all types of day-care centres, whether private, workplace-based, or government-supported. It should include clear rules for safety, staffing, training, infrastructure, nutrition, and learning programs. Regular inspections and strict accountability should be part of the law to protect children from harm.

A national framework can also ensure affordability and wider access. Childcare is not just a service; it is connected to gender equality, labour rights, and early education. A strong legal framework would support women’s participation in the workforce, provide safe spaces for children, and create standards that all providers must meet.

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Policymakers, parents, and civil society must engage in a broad, cross-sectoral discussion on childcare. The law should align with education, welfare, and labour policies, creating a holistic approach to child development. It is time India stops relying on inconsistent state rules, court directives, or sporadic government schemes. Every child deserves a safe and nurturing environment, no matter where they are cared for.

Without a clear legal framework, the fast-growing day-care industry could continue to operate in ways that compromise children’s safety and development. India has the opportunity to learn from international examples and build a system that is transparent, accountable, and accessible. This is not just a matter of policy—it is a matter of protecting the country’s youngest citizens and supporting working families.