The National Commission for Protection of Child Rights (NCPCR), India’s child rights authority, has notified the Supreme Court that the quality of education offered in madrasas is subpar and falls short of the requirements outlined in the Right to Education (RTE) Act.
The National Commission for Protection of Child Rights also argues in its application to the Supreme Court that the teachings of the Darul Uloom Deoband Madrasa in Uttar Pradesh are responsible for shaping the Taliban’s ideas and that some madrasa textbooks advocate the “supremacy of Islam”.
The remarks made by the National Commission for Protection of Child Rights were included in a document submitted to the Supreme Court in response to petitions against a decision made by the Allahabad High Court. The Uttar Pradesh Board of Madarsa Education Act, 2004 was earlier ruled unlawful by the High Court on the grounds that it infringed against basic rights and secular values as stipulated in Article 14 of the Indian Constitution. On April 5, the High Court’s decision was stayed by the Supreme Court, which was presided over by Chief Justice D.Y. Chandrachud.
The National Commission for Protection of Child Rights vehemently denounced madrasas in their petition, calling them “unsuitable” for offering thorough education. It maintained that by not adhering to the curriculum and assessment procedures specified under the RTE Act, these institutions produce an insufficient and capricious educational framework. The panel said madrasas “operate in violation of constitutional mandates, in addition to providing an unsatisfactory model for education.”
The National Commission for Protection of Child Rights noted that while madrasas are not subject to the RTE Act’s regulations, students enrolled in these establishments are nevertheless guaranteed the right to an education under Article 21A of the Constitution. The committee stressed that no court ruling or constitutional interpretation has ever abrogated this right. It also stated that denying formal education to children living in madrasas is an infringement on their basic right to equality before the law.
The Uttar Pradesh Madarsa Education Act, according to the National Commission for Protection of Child Rights, is a “depriving tool,” depriving children in minority institutions of their entitlement to basic education and accompanying services including lunches, uniforms, and qualified instructors. The panel clarified that children learning in madrasas lose out on both formal education and the privileges provided by the law since these establishments are excluded from the RTE Act. The NCPCR said that the inclusion of a few NCERT textbooks in madrasa curricula is a “guise” that doesn’t guarantee that kids get a formal, high-quality education.
