[Breaking] Apex Court Stays UP Govt’s Decision to Transfer Students From Unrecognised Madrasas to Govt Schools

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The plea from Jamiat Ulama Hind challenged the Uttar Pradesh government’s order, which was based on a letter from the National Commission for Protection of Child Rights (NCPCR). The Court has stayed both the NCPCR’s communication and any actions taken by the State as a result of that communication.

NEW DELHI: On Monday(21st Oct), the Supreme Court issued a stay on the Uttar Pradesh Government’s directive to transfer students from unrecognized madrasas and non-Muslim students from government-aided madrasas to government schools.

The plea from Jamiat Ulama Hind challenged the Uttar Pradesh government’s order, which was based on a letter from the National Commission for Protection of Child Rights (NCPCR). The Court has stayed both the NCPCR’s communication and any actions taken by the State as a result of that communication.

A three-judge bench led by Chief Justice DY Chandrachud issued a notice to the Uttar Pradesh government and granted an interim stay after hearing petitions from the Jamiat Ulema-e-Hind.

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“Issue notice. The communications from the NCPCR dated June 7 and June 25, issued on June 27, are stayed, along with all subsequent actions,”

the Court ordered.

Additionally, a separate petition is pending before the Supreme Court, contesting the Allahabad High Court’s March 22 decision that struck down the Madrasas Act, 2004.

The order, dated June 26 and issued by then Chief Secretary Durga Shankar Mishra to all district magistrates, referenced a June 7 letter from the National Commission for Protection of Child Rights (NCPCR) that called for the admission of all non-Muslim students in government-funded madrasas into Basic Education Council schools for formal education.

The National Commission for Protection of Child Rights (NCPCR) has described madrasas as “unsuitable and unfit” for providing a proper education, arguing before the Supreme Court that these institutions do not qualify as schools under the Right to Education Act, 2009, and therefore cannot compel children or their families to pursue madrasa education.

In an affidavit submitted to the Supreme Court, the NCPCR emphasized that providing instruction solely within a religious context and failing to comply with the RTE Act or other relevant laws constitutes a serious infringement of a child’s fundamental constitutional right to education.

It stated, “Innocent children suffer because the religious nature of education in madrasas has become institutionalized.”

The affidavit further argued that simply incorporating a few NCERT books into the curriculum is a superficial attempt to offer education and does not guarantee that children receive formal or quality education. It asserted that the state cannot endorse practices that contravene the RTE Act, which aligns with Article 21A (Right to Education) of the Indian Constitution.

Thus, madrasas, which fall outside this definition, have no authority to mandate madrasa education for children or their families. The NCPCR pointed out that not only are madrasas inappropriate venues for fundamental education, but they also lack entitlements outlined in Sections 19, 21, 22, 23, 24, 25, and 29 of the RTE Act.

This affidavit was filed in response to a petition challenging the Allahabad High Court’s March 22 ruling, which deemed the ‘UP Board of Madrasa Education Act 2004’ unconstitutional for violating Articles 21 (right to life and liberty) and 21A (right to free and compulsory education for children aged 6 to 14) of the Constitution. The high court held that a secular state lacks the authority to establish a board for religious education or create separate educational systems for distinct religions.

However, the Supreme Court stayed the high court’s decision on April 5, noting that the ruling could have significant repercussions for approximately 1.7 million students.

The NCPCR contended that since madrasas are exempt from the RTE Act, children enrolled in them miss out on formal schooling and benefits such as midday meals, uniforms, and trained teachers, which are provided under the Act.

The NCPCR identified three categories of madrasas in India: recognized madrasas that offer religious education and may provide some formal education, though not in accordance with the RTE Act and recognized by the State Madrasa Board; unrecognized madrasas that cannot be recognized by the state government due to inadequate formal education and non-compliant infrastructure; and unmapped madrasas that have never sought recognition from the state government.

The Muslim organization has sought the withdrawal of the state government’s order to relocate all students from unrecognized madrasas and non-Muslim students from government-aided madrasas to government schools.

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