SC stay on recommendation to close down law-abiding madarasas

Recommendation was made by the National Commission for Protection of Child Rights (NCPCR)

New Delhi – The Supreme Court on Monday stayed the operation of the communications issued by the National Commission for Protection of Child Rights (NCPCR) recommending the closure of government-aided madarasas not compliant with the Right to Education (RTE) Act. It also ordered that the consequent directions by the Centre, Uttar Pradesh and Tripura, too, “shall not be acted upon”.

The interim order was passed by a three-judge bench presided by Chief Justice of India D Y Chandrachud hearing a plea by Jamiat Ulama-i-Hind, which contended that the NCPCR recommendations — issued on 7th June and 25th June this year — affected the rights of religious minorities under Article 30. Article 30 of the Constitution guarantees minorities the right to establish and administer educational institutions of their choice.

Chairman of the Commission Mr Priyank Kanoongo said, “I never called for the closure of madarasas, rather recommended a ban on government funding to these institutions; because these institutions are depriving poor Muslim children of education. We have recommended that the children be admitted to general schools instead of madarasas.”

What were the recommendations ?

National Commission for Protection of Child Rights (NCPCR) has called for the government to stop funding madarasas that do not comply with the Right to Education (RTE) Act. The NCPCR recommended that the government stop funding madarasas and madarasa boards unless they comply with the RTE Act. The commission also recommended removing non-Muslim children from madarasas. The Commission had said that poor Muslim children are being pressured to get religious education instead of secular education. Just as wealthy families invest in religious and regular education, so should poor children. We want everyone to have equal educational opportunities.