Madrasas ‘unfit’ for proper education, NCPCR tells SC

CategoryPolity

Last Updated13/09/2024

NCPCR, the top child rights protection body in the country, has told the Supreme Court that madrasas are “unsuitable or unfit” places for children to receive “proper education”.

The National Commission for Protection of Child Rights (NCPCR), India’s top child rights body, has expressed concerns about madrasas, arguing that they are "unfit" for providing quality education to children.
In a submission to the Supreme Court, the NCPCR raised concerns about the curriculum in madrasas, which, according to the commission, promotes the "supremacy of Islam."
The commission emphasized that teaching a few NCERT books alongside religious texts does not equate to proper education.

NCPCR criticized the reliance on conventional methods for teaching religious texts, such as the Quran, in madrasas.
The commission pointed to the lack of trained, regulated teachers and a disorganized system, which it argued hindered children's holistic education.

Madrasas, the NCPCR noted, rarely plan extracurricular activities like field trips or social events, denying children experiential learning opportunities.
This, the commission claimed, results in students missing out on crucial learning components that are key to comprehensive education.

NCPCR argued that the absence of a well-rounded education in madrasas violates children's fundamental right to quality education, as outlined in the Constitution.
The commission also highlighted that children from non-Muslim backgrounds attending madrasas in states like Bihar, Uttar Pradesh, and West Bengal may be subjected to Islamic religious education, violating Article 28(3), which prohibits forced participation in religious instruction.

NCPCR drew specific attention to the Darul Uloom Deoband Madrasa in Uttar Pradesh, linking it to the spread of conservative religious ideologies, including potential influences on extremist groups like the Taliban. The commission noted that this madrasa issues a high number of fatwas and advocates a strict interpretation of Sharia law.

The NCPCR’s submission was in response to a petition challenging an Allahabad High Court ruling that struck down the Uttar Pradesh Board of Madrasa Education Act, 2004. The high court had ordered the transfer of madrasa students to regular schools, a decision that the Supreme Court stayed in April. A detailed hearing on the case is expected soon.

Many madrasas across states such as Bihar, Uttar Pradesh, and West Bengal are either unrecognized or unmapped, raising concerns about the quality of education provided.
NCPCR argued that such institutions fail to meet the criteria of a school under the Right to Education (RTE) Act, 2009. Despite being exempted from the RTE Act under a 2012 amendment, children attending these madrasas, according to the commission, are still entitled to their fundamental rights under Articles 21 and 21A (right to life and right to free and compulsory education).

The commission stressed that madrasa students miss out on benefits like midday meals, uniforms, and trained teachers, all of which are guaranteed under the RTE Act. These children are thus deprived of both formal education and the associated benefits, further limiting their opportunities for growth and development.