by Suhail Farooq
Government agencies alone cannot address this crisis. Private school managements must regard teacher welfare as central to their educational mission. Transparent pay structures and adherence to labour standards must become institutional priorities.
The education sector in India remains a cornerstone of societal development, shaping the future of millions of students and contributing to the country’s intellectual and economic growth. Within this sector, private schools hold significant importance, particularly in regions such as Jammu and Kashmir. Around 2,700 private schools in the region educate over 7.5 lakh students and employ approximately 47,000 teachers. Eighty per cent of these teachers are women with substantial academic qualifications.
Despite their vital contribution, private school teachers across India, and especially in Kashmir, face systemic exploitation. They endure low wages, job insecurity, and substandard working conditions. This article investigates the urgent need for comprehensive national legislation to regulate the payment of wages to private school teachers, with particular focus on the chaotic wage scenario in Kashmir. It assesses the underlying issues, proposes pragmatic solutions, and highlights the responsibilities of the Directorate of School Education Kashmir (DSEK) and the Ministry of Education.
A Precarious Profession
Private school teachers in India often remain trapped in systemic neglect, as multiple studies and reports have shown. A UNESCO report reveals that 42 per cent of teachers across both private and public institutions work without contracts and earn an average monthly salary below Rs 10,000. This disparity is especially visible in the private sector, where teachers, although holding qualifications such as a Bachelor of Education or postgraduate degrees, receive significantly lower salaries than their government-employed counterparts. The average annual salary for a private school teacher ranges from Rs 2.9 to 3.5 lakh. However, in rural regions or smaller institutions, monthly earnings may fall between Rs 4,000 and Rs 20,000.
This gap becomes even more glaring when compared with salaries offered to government teachers, which, after the Seventh Pay Commission, range from Rs 36,000 to Rs 46,000 for primary and upper primary levels. The disparity is not merely a financial issue. It reflects a broader problem: the lack of recognition and respect accorded to private school teachers, who, in practice, uphold much of the educational infrastructure. The absence of standardised wage regulation, coupled with weak enforcement mechanisms, leaves many educators exposed to arbitrary recruitment, abrupt dismissal, and frequent withholding of salaries.
The Kashmir Disparity
In Jammu and Kashmir, the crisis assumes deeper dimensions. The region has roughly 7,010 private schools, with 2,710 located in the Kashmir Valley alone. These schools employ about 40,000 teachers and an additional 25,000 non-teaching staff. Despite holding advanced degrees and professional certifications, private school teachers in Kashmir earn an average salary of only Rs 9,000 per month. Actual wages often range between Rs 4,000 and Rs 20,000. This low compensation contrasts sharply with the considerable profits accumulated by some private school operators, many of whom have created lucrative business empires under the guise of education.
Such meagre wages amount to more than financial exploitation. They hinder the retention of qualified educators and ultimately degrade the quality of education delivered. The onset of the COVID-19 pandemic exposed the full extent of the problem. Numerous complaints reached the DSEK regarding salary delays and terminations during lockdown. In one instance, a teacher from Baramulla reported that his salary was withheld because he failed to conduct online classes after contracting the virus. These accounts illustrate the fragility of employment in private schools, where “no work, no pay” policies are implemented without consideration. Despite DSEK’s efforts during the pandemic to ensure salary disbursement, the absence of a strong legal framework enabled many institutions to escape scrutiny.
The Case for National Legislation
The regulatory environment governing private school teachers in India is fragmented and largely inadequate. While some states have enacted specific laws, including the Maharashtra Employees of Private Schools (Conditions of Service) Rules of 1981 and the Delhi School Education Act of 1973, there is no overarching national legislation that ensures uniformity in wages, job security, and labour rights for private educators. This legal vacuum allows schools to exploit loopholes, frequently paying below the minimum wage and denying essential benefits such as provident fund, gratuity, and paid leave.
There is a pressing need for national legislation that addresses these gaps. A centralised legal framework would guarantee the fair treatment of private school teachers through four essential measures. First, it would standardise minimum wages, ensuring parity with government teachers, while accounting for qualifications, experience, and local cost of living. The 2023 Delhi High Court ruling, which mandated that private school teachers receive pay equivalent to that of government teachers under the Seventh Pay Commission, could serve as a precedent for other states.
Second, such legislation would secure employment through mandatory written contracts, transparent recruitment procedures, and safeguards against arbitrary dismissals. In Kashmir, a common malpractice involves hiring teachers from March to October, only to terminate them before winter, thereby avoiding salary payments. This practice requires an explicit legal prohibition.
Third, the law must guarantee entitlements such as provident fund contributions, gratuity, health coverage, and paid leave. Although the Payment of Gratuity Act, amended in 2009, formally recognised teachers as eligible employees, its enforcement remains inconsistent.
Fourth, a dedicated national regulatory body must be established to monitor compliance, investigate complaints, and enforce penalties on defaulting institutions. This body should collaborate with state-level authorities like DSEK to enhance accountability and ensure consistent application of rules.
Finally, gender equity must be built into any legislative effort. With women comprising 80 per cent of the private school teaching workforce in Kashmir, the intersecting challenges of low pay and job insecurity disproportionately affect them. Their dual responsibilities at home and work demand specific protections within the legal structure.
Structural Hurdles to Reform
While the need for national legislation is evident, several structural challenges hinder its adoption. Private school managements, particularly in rural or financially constrained areas, often argue that increased salaries would raise operational costs, potentially resulting in higher tuition fees or even school closures. A case from Tamil Nadu brought this concern into sharp focus, illustrating the tension between financial viability and fair labour standards.
Education remains a state subject under the Indian Constitution, which complicates the introduction of a central law. States such as Tamil Nadu, where government teachers earn lower salaries, may oppose uniform wage norms that do not reflect their regional realities. Moreover, private school teachers seldom enjoy effective representation. Unlike their counterparts in the public sector, they rarely have access to strong unions capable of advocating for their rights. While teacher associations do exist, their bargaining power remains limited.
Where regulatory mechanisms are present, enforcement is frequently inconsistent. During the COVID-19 lockdown, interventions by the Directorate of School Education Kashmir (DSEK) were reactive rather than preventive, coming only after teachers filed formal complaints. This reactive approach left many vulnerable to abrupt dismissals and unpaid salaries. A shift towards proactive oversight is needed to prevent such violations.
Legislative Action and Institutional Roles
To confront these challenges and ensure private school teachers receive fair treatment, government bodies must adopt a coordinated approach. The Ministry of Education must lead efforts to draft a comprehensive law that sets minimum wage standards, mandates written contracts, and secures entitlements such as provident fund contributions, gratuity, and paid leave. This legislation should draw upon existing models, including the Delhi School Education Act of 1973 and the recommendations of the Seventh Pay Commission, to ensure wage parity with government-employed teachers.
In Kashmir, DSEK must collaborate closely with the Ministry to ensure the law reflects regional realities. Given the high proportion of women in the workforce and the fragile financial conditions of many private schools, DSEK can advocate for state-backed subsidies or financial incentives for institutions that comply with the new wage standards. Such collaboration would align national ambitions with local requirements.
The Ministry of Education must establish a dedicated regulatory body to implement and monitor the new legislation. This body should maintain regional offices to address local variations and ensure consistent enforcement across states. It should also manage a formal grievance mechanism, allowing teachers to report violations with legal protection.
DSEK should form a regional oversight committee authorised to conduct periodic audits of private schools, verify salary disbursements, and respond to complaints. This committee must also have the authority to impose penalties, including withdrawal of recognition, a measure used during the pandemic to enforce compliance.
Building Teacher Representation
Stronger teacher representation will be essential to sustain reform. The Ministry of Education should support the creation and formal recognition of private school teacher unions. This support may include financial assistance, legal guidance, and access to collective bargaining frameworks.
DSEK should encourage the formation of teacher associations across Kashmir. These bodies can represent the interests of the region’s 47,000 private school teachers and serve as platforms for dialogue with school administrations. Through workshops and awareness campaigns, DSEK can educate teachers on their rights under current and proposed laws, thereby enabling more effective advocacy.
The Ministry of Education must also define a national minimum wage for private school teachers, adjusted for regional cost-of-living differences. For instance, salaries for teachers holding a Bachelor of Education degree or its equivalent could start between Rs 25,000 and Rs 30,000, with allowances for experience.
DSEK should enforce a region-specific minimum wage. The current average salary of Rs 9,000 falls well below any sustainable threshold. To ensure compliance without increasing student fees, DSEK could work with the Jammu and Kashmir government to provide targeted financial assistance to smaller schools.
Awareness and Public Engagement
Raising public awareness will be crucial to the success of these reforms. The Ministry of Education should launch nationwide campaigns to spotlight the contribution of private school teachers and the need for equitable wages. These campaigns must include parents and students, whose support can influence school policies.
DSEK should collaborate with local media and civil society groups to inform teachers of their entitlements under the Payment of Wages Act, the Equal Remuneration Act, and future legal provisions. Public pressure, when mobilised effectively, can compel schools to adopt fairer practices.
Technology must play a role in enforcement. The Ministry of Education should develop a national digital platform to track employment records, salary payments, and grievances submitted by private school teachers. This system could integrate with the existing Unified District Information System for Education (UDISE), enhancing transparency.
DSEK can develop a local version of this platform in Kashmir, providing teachers with an anonymous mechanism to report violations. Data collected through this tool would allow authorities to identify patterns of non-compliance and take swift action against defaulters.
Encouraging Institutional Compliance
To incentivise adherence to wage and employment standards, the Ministry of Education could offer tax benefits or grants to compliant private schools. These financial incentives would ease the burden on school administrations while promoting lawful practices.
DSEK may introduce a formal certification system for schools that meet regulatory benchmarks. Recognition through such a system could boost institutional reputation and attract enrolments from parents who prioritise ethical practices in education.
Government agencies alone cannot address this crisis. Private school managements must regard teacher welfare as central to their educational mission. Transparent pay structures and adherence to labour standards must become institutional priorities.
Parents and students also hold significant influence. By choosing schools that treat teachers fairly, they can pressure others to reform. Civil society and the media, too, must play their part. By amplifying teachers’ experiences and highlighting abuses, they can hold both institutions and authorities accountable.
A Call to Action
The persistent exploitation of private school teachers in India, especially in Jammu and Kashmir, demands immediate intervention. Despite their qualifications and dedication, these educators remain trapped in precarious employment with inadequate remuneration. The absence of a cohesive legal framework perpetuates this injustice, eroding the foundation of the education system itself.
A national law that guarantees wage parity, employment security, and oversight mechanisms is not merely a policy recommendation but a necessity. The Ministry of Education must lead this reform, while DSEK ensures that its provisions take root at the regional level. Through sustained legislative effort, institutional monitoring, union support, public engagement, and technological innovation, the country can honour its educators and strengthen its schools. The path to educational equity begins by recognising and addressing the plight of those who teach.
(The writer is a fourth-year law student at the University of Kashmir. Ideas are personal.)
