Agartala, Oct 18, 2024, By Our Correspondent
The National Commission for Protection of Child Rights (NCPCR) asked all the state governments to stop funding to the Madrasas. In a letter to the Chief Secretaries of the states and UTs, the NCPCR said, it is the responsibility of state governments to ensure that all children receive formal education in accordance with the provisions outlined in the Right to Education (RTE) Act, 2009. As per the Act, children are required to attend schools defined under Section 2(n) of the RTE Act, which specifies formal education institutions.
The NCPCR clarified that merely establishing a Madrasa Board or obtaining a Unified District Information System for Education (UDISE) code does not indicate compliance with the RTE Act. In this context, the commission has recommended that state funding to Madrasas and Madrasa Boards across all States and Union Territories (UTs) be discontinued.
Additionally, the NCPCR suggested, the Madrasa Boards be also dissolved, subject to the outcome of a pending Supreme Court judgment on Special Leave Petition (SLP) (Civil) No. 008541 of 2024 related to Uttar Pradesh.
The NCPCR advised that non-Muslim children currently attending Madrasas be transferred to formal schools to ensure they receive fundamental education in line with the RTE framework. Furthermore, it recommended Muslim children, whether studying in recognized or unrecognized Madrasas, be enrolled in formal schools to receive education aligned with the prescribed curriculum and stipulated teaching hours under the RTE Act.
It said, the Right to Education (RTE) Act, 2009, is grounded in the belief that achieving values such as equality, social justice, and democracy is only possible through the provision of inclusive education for all.
“However, a conflicting picture between fundamental right of children and right of minority communities has been created. The exemption of religious institutions from RTE Act, 2009 led to exclusion of children attending only religious institutions from the formal education system under the RTE Act, 2009. Thus, while Articles 29 and 30 protected minority rights, children in these schools were deprived of equal access to quality education under the RTE Act. What was intended to empower children ultimately created new layers of deprivation and discrimination due to wrong interpretation. The RTE Act, prophesied as an enabling tool, became a tool of deprivation and discrimination”.
In this regard, Commission has prepared a report titled Guardians of Faith or Oppressors of Rights: Constitutional Rights of Children vs. Madrasas The report consists of 11 chapters touching upon different aspects of the history of Madrasas and their role in violation of educational rights of children.
The NCPCR said, these recommendations aim to ensure educational uniformity and adherence to the RTE mandate, promoting inclusive and formal schooling for all children, regardless of religious background.