A call for comprehensive legislation to address pay, job security and working conditions
The education sector in Jammu and Kashmir plays a pivotal role in shaping the future of the region. While government schools cater to a significant portion of the student population, private schools also contribute substantially to the educational landscape. However, the treatment of teachers in these private institutions often raises concerns, necessitating a stronger regulatory framework to ensure fair practices.
Reliable sources indicate that approximately 2,700 private schools operate across the valley, employing around 47,000 teachers, about 80% of whom are females possessing sufficient qualifications. Nonetheless, these teachers receive meagre pay. Research supported by reliable sources shows that the majority of private school teachers earn an average monthly salary of Rs 9,000. While the salary scale in private schools typically ranges from Rs 4,000 to Rs 20,000, exceptions do occur. At the same time, numerous private school owners have established business empires through their schools over the years.
There is an ongoing debate about whether the services of private school teachers need further regulation. Some argue that more regulation is necessary to ensure that private schools provide quality education and treat teachers fairly. Others contend that additional regulation would be burdensome and could stifle innovation in the education sector.
The services of private school teachers are already regulated under the law in many states in India, such as the Delhi School Education Act, 1973. Section 10 of the Act states that the scale of pay and allowances, medical facilities, pension, gratuity, provident fund, and other benefits of a recognized private school should not be lower than those of employees in government schools.
The Delhi High Court recently observed that teachers of unaided private schools are entitled to the same pay and emoluments as government school teachers, and schools are bound to pay statutory dues. The observation was made by a division bench of Justice Manmohan and Justice Mini Pushkarna in its July 7, 2023, order while dismissing an appeal moved by a private school against a December 14, 2021, order of a single-judge bench of the High Court, directing the school to pay three of its teachers according to the Seventh Central Pay Commission.
In another such decision, the Supreme Court of India, on August 29, 2022, held that private school teachers were entitled to gratuity and observed that payment of gratuity could not be categorized as a windfall or a bounty payable by private schools, as it is one of the minimal conditions of service.
A bench of Justices Sanjiv Khanna and Bela M. Trivedi noted: “In this background, the argument of the private schools that they do not have the capacity and ability to pay gratuity to the teachers is unapt and parsimonious.”
Additionally, many countries, including India, have labour laws that establish guidelines for employer responsibilities and employee rights, including the right to fair wages and working conditions. These laws are intended to:
– Ensure that workplaces are fair,
– Protect the interests of workers and employers,
– Provide workers with fundamental human rights,
– Support employees in understanding their rights, and
– Help trade unions protect workers’ rights.
Some examples of workers’ rights include:
– The right to fair wages and equal remuneration for work of equal value,
– The right to safe and healthy working conditions,
– The right to rest, leisure, and reasonable limitation of working hours,
– The right to periodic holidays with pay,
– The right to maternity protection,
– The right to form and join a trade union, and
– The right to strike.
Challenges Faced by Private School Teachers:
1. Job Insecurity: Many private school teachers are employed on a contractual basis, lacking job security and facing the constant threat of termination without notice. This precarious employment situation creates instability, hinders future planning, and can lead to exploitation and discrimination.
2. Inadequate Pay: Despite their crucial role in educating the next generation, private school teachers often receive meagre salaries, barely sufficient to meet their basic needs. This exploitation undermines their financial stability and motivation.
3. Lack of Benefits: In many cases, private school teachers are deprived of essential benefits such as health insurance, retirement plans, and professional development opportunities. This lack of support not only affects their well-being but also limits their professional growth.
4. Arbitrary Dismissals: Teachers can be dismissed without valid reasons or due process, leaving them vulnerable and at the mercy of school administrations. This lack of protection undermines their rights and dignity.
5. Unclear Legislative Framework: The absence of specific regulations governing the employment of private school teachers can result in arbitrary treatment and denial of basic rights.
6. Limited Access to Legal Recourse: Private school teachers may face difficulties in accessing legal remedies to address grievances due to financial constraints and lack of awareness about their rights.
The Urgency of Regulation:
To address these issues and ensure fair treatment of private school teachers, the Government of Jammu and Kashmir must take decisive action:
– Enact Comprehensive Legislation: A dedicated law should be enacted to regulate the employment of private school teachers, outlining clear guidelines on hiring, contracts, salaries, benefits, and dismissal procedures.
– Establish a Regulatory Body: To ensure effective enforcement, a specialized body should be set up to oversee the implementation of the legislation, investigate complaints, and take necessary action against erring institutions.
– Promote Collective Bargaining: Teachers should be encouraged to form unions or associations to collectively bargain for better working conditions and salaries.
– Raise Awareness: Public awareness campaigns should be conducted to educate teachers about their rights and empower them to seek redressal for any grievances.
Conclusion:
Fair treatment of private school teachers is not merely a matter of social justice but also a crucial factor in ensuring quality education in Jammu and Kashmir. By implementing robust regulations and providing a supportive environment, the government can empower teachers, improve their working conditions, and ultimately enhance the quality of education in the region.
The writer is a Government Law Officer and Social Activist from Anantnag
By Mudasir Khan Advocate
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