Today(11th Sept), The NCPCR has filed an affidavit in the Supreme Court challenging the Allahabad High Court’s decision to nullify the ‘UP Board of Madarsa Education Act, 2004.’ It argues that the ruling impacts children’s rights and breaches the Right to Education Act, 2009.
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NEW DELHI: Today(11th Sept), The National Commission for Protection of Child Rights (NCPCR) filed an affidavit in the Supreme Court, contesting the Allahabad High Court‘s March 22 ruling that invalidated the ‘UP Board of Madarsa Education Act, 2004’. The NCPCR’s stance raises concerns about the quality of education provided in Madrasas, alleging that it infringes on children’s rights and violates key provisions of the Right to Education Act, 2009.
NCPCR’s Concerns Over Madrasa Education
The NCPCR asserts that the education provided in Madrasas is not comprehensive and is contrary to the goals outlined in the Right to Education (RTE) Act, 2009. The commission claims that the Madrasas’ lack of a formalized curriculum and absence of evaluation procedures negatively impacts children’s education.
According to the affidavit-
“The education provided to children in Madrasas is incomplete and does not align with the requirements of the Right to Education Act, 2009.”
The NCPCR highlights that these religious institutions fail to offer the basic requirements of formal education, denying students essential knowledge and opportunities for growth.
Further elaborating on the deficiencies of the Madrasas, the affidavit states-
“Children are deprived not only of proper education but also of a nurturing environment and better opportunities for development.”
This insufficient educational model, the NCPCR argues, violates the fundamental rights of children, including their right to quality education in a conducive learning environment.
Violations of Constitutional Provisions
The NCPCR also raises the issue of Madrasas providing Islamic religious education to non-Muslim students, claiming that this practice violates Article 28(3) of the Indian Constitution. The article specifically prohibits any religious instruction in educational institutions that receive state funds.
“These institutions are also offering Islamic religious education to non-Muslim students, which further violates Article 28(3) of the Constitution of India.”
-the affidavit states.
According to the NCPCR, children educated in such institutions are deprived of the foundational knowledge that a standard school curriculum offers.
“A child receiving education in such an institution will miss out on the basic school curriculum typically taught in regular schools.”
– the affidavit adds.
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The NCPCR further criticizes the arbitrary functioning of Madrasas, noting their failure to adhere to any formalized educational structure or evaluation system.
“Madrasas not only offer an inadequate and incomplete education model but also operate arbitrarily, lacking a structured curriculum and evaluation process as required by Section 29 of the Right to Education Act, 2009.”
– the affidavit reads.
Lack of Mainstream Education and Impact on Children
Another key issue raised by the NCPCR is that Madrasas primarily focus on religious education, often sidelining mainstream academic subjects.
“Many children in the country attend Madrasas, which focus heavily on religious instruction while offering minimal integration with the national mainstream education system.”
-the affidavit points out.
The commission emphasizes that this imbalance between religious and formal education could have long-term negative impacts on children’s intellectual and personal development.
NCPCR also expressed concern over several complaints related to fatwas issued by Darul Uloom Deoband, a prominent Islamic educational institution that operates many Madrasas across South Asia. According to the NCPCR, some of these fatwas contribute to fostering divisive ideologies among children.
“Darul Uloom Deoband, an Islamic educational institution affiliated with Madrasas across South Asia, has been issuing fatwas that expose children to hatred against their own country, leading to unnecessary mental and physical suffering.”
-the affidavit asserts.
These religious decrees, according to the NCPCR, have the potential to influence the minds of young students, shaping their worldview in ways that may not align with the values of national unity and secularism.
Supreme Court’s Stay on Allahabad High Court Judgment
In response to the affidavit, the Supreme Court, on April 5, stayed the Allahabad High Court’s ruling, which had declared the ‘UP Board of Madarsa Education Act, 2004’ unconstitutional and a violation of the secular principles enshrined in the Indian Constitution. A bench headed by Chief Justice of India DY Chandrachud, along with Justices JB Pardiwala and Manoj Misra, questioned the High Court’s conclusion regarding the breach of secularism.
“The Allahabad High Court’s finding that establishing a Madarsa board violates the principles of secularism may not be accurate.”
-the bench observed.
The Supreme Court expressed concern that the High Court’s decision could potentially disrupt the education of nearly 1.7 million students currently enrolled in Madrasas.
“The High Court judgment would affect the 17 lakh students,”
-the top court noted, stressing that displacing such a large number of children to other schools would not be a practical or effective solution.
Instead, the court suggested that if the goal is to ensure that students in Madrasas receive quality education, the remedy should involve improving the educational standards within these institutions, rather than abolishing the Madarsa Education Act.
“If the goal was to ensure that Madarsa students receive quality education, the solution would be to issue appropriate directions rather than invalidating the Madarsa Act, to ensure students are not deprived of a good education.”
-the Supreme Court concluded.